sechi Posted April 13, 2016 Share Posted April 13, 2016 I need help before I apply for sub class 457 visa with agent! I have these convictions: 10/07/13 Offence Description: BATTERY Sentence 1 SUPERVISION REQUIREMENT 2 COMMUNITY ORDER 01/08/14 3 COMPENSATION £250.00 4 UNPAID WORK REQUIREMENT 5 ACTIVITY REQUIREMENT 6 VICTIM SURCHARGE £60.00 20/01/10 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 20/01/11 2 COSTS £85.00 3 COMPENSATION £100.00 4 UNPAID WORK REQUIREMENT 65 HRS (HOURS) 21/04/08 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 3 WKS (WEEKS) 2 CURFEW REQUIREMENT 3 COMPENSATION £75.00 4 COSTS £65.00 19/08/99 Offence Description: POSSESSING CONTROLLED DRUG - CLASS B - CANNABIS Sentence 1.CAUTIONED 29/04/97 Offence Description: DESTROYING PROPERTY (OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 CONDITIONAL DISCHARGE 12 MTHS (MONTHS) 2 COSTS £45.00 CAN SOMEONE GIVE ME A SERIOUS STRAIGHT FORWARD YES/NO WHETHER I WILL BE GRANTED VISA BEFORE I WASTE MONEY - I KNOW THE CHARACTER REQUIREMENTS SO NO NEED TO COPY AND PASTE AS AN ANSWER Link to comment Share on other sites More sharing options...
CaptainC Posted April 13, 2016 Share Posted April 13, 2016 I need help before I apply for sub class 457 visa with agent! I have these convictions: 10/07/13 Offence Description: BATTERY Sentence 1 SUPERVISION REQUIREMENT 2 COMMUNITY ORDER 01/08/14 3 COMPENSATION £250.00 4 UNPAID WORK REQUIREMENT 5 ACTIVITY REQUIREMENT 6 VICTIM SURCHARGE £60.00 20/01/10 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 20/01/11 2 COSTS £85.00 3 COMPENSATION £100.00 4 UNPAID WORK REQUIREMENT 65 HRS (HOURS) 21/04/08 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 3 WKS (WEEKS) 2 CURFEW REQUIREMENT 3 COMPENSATION £75.00 4 COSTS £65.00 19/08/99 Offence Description: POSSESSING CONTROLLED DRUG - CLASS B - CANNABIS Sentence 1.CAUTIONED 29/04/97 Offence Description: DESTROYING PROPERTY (OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 CONDITIONAL DISCHARGE 12 MTHS (MONTHS) 2 COSTS £45.00 CAN SOMEONE GIVE ME A SERIOUS STRAIGHT FORWARD YES/NO WHETHER I WILL BE GRANTED VISA BORE I WASTE MONEY - I KNOW THE CHARACTURE REQUIREMENTS SO NO NEED TO COPY AND PASTE AS AN ANSWER You'll not get a yes or no, because it is up to you (and your agent) to present your case in the right way. The recency of the offences and the amount, would suggest that you'd have an uphill battle to face. Another factor is if you visited Australia in the past and declared these convictions either on previous visas or on the incoming passenger card. If yes, then you have a fighting chance. Link to comment Share on other sites More sharing options...
DT55 Posted April 13, 2016 Share Posted April 13, 2016 I need help before I apply for sub class 457 visa with agent! I have these convictions: 10/07/13 Offence Description: BATTERY Sentence 1 SUPERVISION REQUIREMENT 2 COMMUNITY ORDER 01/08/14 3 COMPENSATION £250.00 4 UNPAID WORK REQUIREMENT 5 ACTIVITY REQUIREMENT 6 VICTIM SURCHARGE £60.00 20/01/10 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 20/01/11 2 COSTS £85.00 3 COMPENSATION £100.00 4 UNPAID WORK REQUIREMENT 65 HRS (HOURS) 21/04/08 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 3 WKS (WEEKS) 2 CURFEW REQUIREMENT 3 COMPENSATION £75.00 4 COSTS £65.00 19/08/99 Offence Description: POSSESSING CONTROLLED DRUG - CLASS B - CANNABIS Sentence 1.CAUTIONED 29/04/97 Offence Description: DESTROYING PROPERTY (OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 CONDITIONAL DISCHARGE 12 MTHS (MONTHS) 2 COSTS £45.00 CAN SOMEONE GIVE ME A SERIOUS STRAIGHT FORWARD YES/NO WHETHER I WILL BE GRANTED VISA BORE I WASTE MONEY - I KNOW THE CHARACTURE REQUIREMENTS SO NO NEED TO COPY AND PASTE AS AN ANSWER Best to talk to a registered migration agent i think. I dont think anyone here could give a definite yes/no answer. Link to comment Share on other sites More sharing options...
Isabelj28 Posted April 13, 2016 Share Posted April 13, 2016 As others have said, no one can give you a yes/no as it's actually up to the case officer on the day. However, I would suggest that you wouldn't meet character, and here's why; Your offending has been relatively consistent, conviction, community order, couple of years later another conviction. The offending is of a fairly similar nature, 3 lots of criminal damage, with a drug thrown in there. This would suggest that despite the community orders, you haven't been rehabilitated, because you've then gone on to commit the same offences. In criminological terms, your behaviour is actually escalating, from damage to property to damage to another person (battery). Thr he context of the offending is also important, if these offences were committed in a family violence sense, I would say you've got no chance. This is very topical at the moment. Your age is also a factor. I don't know you, and I'm not making any judgment, I'm just assessing your criminal history from a professional position (that's what I do for a living.) That being said, the case officer is unlikely to be a criminologist/psychologist so if you get a good MA who can explain away these offences, you may have a chance. Link to comment Share on other sites More sharing options...
perthling Posted April 15, 2016 Share Posted April 15, 2016 Hi Sechi, i'm no migration agent just felt like sharing our situation to you as my husband had similar offences back in his earlier years (damage to property and battery). we applied for a Skilled Independent 189 visa on August 2015 with me as the primary applicant and him as my dependent, submitted police clearances and form 80, 1221 around that time and we received a notice of intent to refuse based on character grounds for my husband last February 5. We learned that our case was forwarded to Visa Applicant Character Consideration Unit (VACCU). My husband never got jail time for any of his offences and its been more than half a decade since the last offence but others who commented on this thread are right it is an uphill battle. We replied on March 4 with all the documents we could get to support that my husband has turned his life around, has repent and reformed and does not pose any risk to the Australian community now. With all the community orders, did you get a suspended sentence too? because even if its a suspended sentence it still counts for DIBP. can you get recommendation letters from maybe your community service officer or someone of authority that could objectively say that you have changed now? Ideally it would be in your favor if several years has passed since the last offence so there is enough time to prove that you have reformed and have changed ways (not re-offended). At the end of the day if Oz is really your dream i say go ahead and seek advice from a MARA agent with a lot of experiences with applicants who have previous convictions. We got really good advice from Mark Northam (http://www.mnvisa.com). He was very compassionate with us and suggested several ways to help my husband's case. Everyone will make mistakes once or twice in their life, it's your determination to move forward that should define you as a person. Good luck! Link to comment Share on other sites More sharing options...
Sammy1 Posted April 15, 2016 Share Posted April 15, 2016 I need help before I apply for sub class 457 visa with agent! I have these convictions: 10/07/13 Offence Description: BATTERY Sentence 1 SUPERVISION REQUIREMENT 2 COMMUNITY ORDER 01/08/14 3 COMPENSATION £250.00 4 UNPAID WORK REQUIREMENT 5 ACTIVITY REQUIREMENT 6 VICTIM SURCHARGE £60.00 20/01/10 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 20/01/11 2 COSTS £85.00 3 COMPENSATION £100.00 4 UNPAID WORK REQUIREMENT 65 HRS (HOURS) 21/04/08 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 3 WKS (WEEKS) 2 CURFEW REQUIREMENT 3 COMPENSATION £75.00 4 COSTS £65.00 19/08/99 Offence Description: POSSESSING CONTROLLED DRUG - CLASS B - CANNABIS Sentence 1.CAUTIONED 29/04/97 Offence Description: DESTROYING PROPERTY (OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 CONDITIONAL DISCHARGE 12 MTHS (MONTHS) 2 COSTS £45.00 CAN SOMEONE GIVE ME A SERIOUS STRAIGHT FORWARD YES/NO WHETHER I WILL BE GRANTED VISA BEFORE I WASTE MONEY - I KNOW THE CHARACTER REQUIREMENTS SO NO NEED TO COPY AND PASTE AS AN ANSWER Employ a really good migration agent.The convictions follow a pattern and as someone has said, it does not show rehabilitation.The last one is very recent. Nobody on here can give you the answer you require, however, a migration agent may be able to help you. Link to comment Share on other sites More sharing options...
rammygirl Posted April 15, 2016 Share Posted April 15, 2016 The employer might not be too keen either! Have you declared these convictions to them, have they even asked. If they come to light during the process you will have some explaining to do. Link to comment Share on other sites More sharing options...
Nemesis Posted April 15, 2016 Share Posted April 15, 2016 I need help before I apply for sub class 457 visa with agent! I have these convictions: 10/07/13 Offence Description: BATTERY Sentence 1 SUPERVISION REQUIREMENT 2 COMMUNITY ORDER 01/08/14 3 COMPENSATION £250.00 4 UNPAID WORK REQUIREMENT 5 ACTIVITY REQUIREMENT 6 VICTIM SURCHARGE £60.00 20/01/10 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 20/01/11 2 COSTS £85.00 3 COMPENSATION £100.00 4 UNPAID WORK REQUIREMENT 65 HRS (HOURS) 21/04/08 Offence Description: DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000 OR LESS - OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 COMMUNITY ORDER 3 WKS (WEEKS) 2 CURFEW REQUIREMENT 3 COMPENSATION £75.00 4 COSTS £65.00 19/08/99 Offence Description: POSSESSING CONTROLLED DRUG - CLASS B - CANNABIS Sentence 1.CAUTIONED 29/04/97 Offence Description: DESTROYING PROPERTY (OFFENCE AGAINST CRIMINAL DAMAGE ACT 1971 ONLY) Sentence 1 CONDITIONAL DISCHARGE 12 MTHS (MONTHS) 2 COSTS £45.00 CAN SOMEONE GIVE ME A SERIOUS STRAIGHT FORWARD YES/NO WHETHER I WILL BE GRANTED VISA BEFORE I WASTE MONEY - I KNOW THE CHARACTER REQUIREMENTS SO NO NEED TO COPY AND PASTE AS AN ANSWER What does your agent reckon? They are better placed to guess at the result....... Link to comment Share on other sites More sharing options...
barrystock Posted April 20, 2016 Share Posted April 20, 2016 I've got a thread on my profile you should read, I have very similar convictions - battery but x2 drink driving convictions & class a not class b & also immitation of a fire arm (Bb gun when I was 15) I applied for my visa in October a 417 whv and I am still waiting! Your application will more than likely be similar process to mine, send off for an acro (police check) then send them back with detail character references & then probably will get passed over to the VACCU (Google them if your unsure) basically they are a governing agency. There has been a lot of cases then got through & although they seem bad on face value, they understand people have a past. Good luck k mate! Link to comment Share on other sites More sharing options...
Marisawright Posted April 21, 2016 Share Posted April 21, 2016 Here is Barry's thread in case you can't find it: http://www.pomsinoz.com/forum/migration-issues/241144-will-my-criminal-conviction-allowed.html There are several people who've responded on that thread who are in a similar situation so it's worth reading through. @sechi, I'd have to say I agree with Isabelj. Immigration won't let you in unless they're confident you won't offend again. In your case, Immigration would notice that after the offences in the 90's, you cleaned up your act for nearly ten years - but then you offended again, not just once but three times. You haven't had a conviction for two years, but how can Immigration be sure your good behaviour will really last this time, and it's not just another ten-year lull? I think it would be very hard to convince them, frankly. Link to comment Share on other sites More sharing options...
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