Joobles Posted September 28, 2016 Share Posted September 28, 2016 Good afternoon My good friend is applying for employer sponsored permanent residency and her husband has a criminal record. He received a 12 month suspended sentence 18 years ago (aged 20) and they are concerned that this is going to cause an issue. Since then he has been to uni, got married, had a child and been continuously employed both in the UK and Australia. Can you advise if you would expect this to lead to a refusal and is there anything they can do to mitigate the chances? They are currently in Australia. Many thanks for your feedback. Link to comment Share on other sites More sharing options...
Leanne Stevens Posted September 28, 2016 Share Posted September 28, 2016 Hi Joobles - it will need to be declared and you'll need to provide some information about it - what was the record for; his rehabilitation, behaviour since, character references etc. It may mean the visa is referred to the VACCU ("Character Unit") for additional checks. Similar to medicals, every case is decided on its own merits and it's very hard to say whether it will cause a problem. Link to comment Share on other sites More sharing options...
wrussell Posted September 28, 2016 Share Posted September 28, 2016 Good afternoon My good friend is applying for employer sponsored permanent residency and her husband has a criminal record. He received a 12 month suspended sentence 18 years ago (aged 20) and they are concerned that this is going to cause an issue. Since then he has been to uni, got married, had a child and been continuously employed both in the UK and Australia. Can you advise if you would expect this to lead to a refusal and is there anything they can do to mitigate the chances? They are currently in Australia. Many thanks for your feedback. Seek professional advice. Link to comment Share on other sites More sharing options...
Joobles Posted September 29, 2016 Author Share Posted September 29, 2016 Seek professional advice. Thanks. They already are but their agent seems to be suggesting that if it doesn't come up on their police check then it's all good. My understanding is that they should declare it regardless? Link to comment Share on other sites More sharing options...
Wei Shu Posted September 29, 2016 Share Posted September 29, 2016 Thanks. They already are but their agent seems to be suggesting that if it doesn't come up on their police check then it's all good. My understanding is that they should declare it regardless? Fail to declare will not only take your own risk of the application being refused on PIC 4020 ground, but you setting on a time bomb as well, remember that the S.101 of the Migration Act requires you to complete your application in the way that all the questions are answered and no incorrect answers are given, fail to comply will result your visa being cancelled under S.109, even if the visa had been granted to you/him. Link to comment Share on other sites More sharing options...
George Lombard Posted September 29, 2016 Share Posted September 29, 2016 Hi Joobles, The "agent" doesn't sound very reliable. There's no such thing as an "expired" conviction for Australian migration purposes, everything must be declared. Cheers, George Lombard Link to comment Share on other sites More sharing options...
Ahmad Shady Posted October 1, 2016 Share Posted October 1, 2016 Thanks. They already are but their agent seems to be suggesting that if it doesn't come up on their police check then it's all good. My understanding is that they should declare it regardless? That "suggestion" is a recipe for disaster I'd have to say Link to comment Share on other sites More sharing options...
Joobles Posted October 1, 2016 Author Share Posted October 1, 2016 The agent has said if it doesn't come up it can be decalared as a minor offence, if it does then it becomes major. Thanks for everyone's reply. Link to comment Share on other sites More sharing options...
George Lombard Posted October 1, 2016 Share Posted October 1, 2016 Hi Joobles, I really hate criticising agents publicly but I would seriously suggest you need a second opinion. cheers, George Lombard Link to comment Share on other sites More sharing options...
Joobles Posted October 1, 2016 Author Share Posted October 1, 2016 Hi Joobles, I really hate criticising agents publicly but I would seriously suggest you need a second opinion. cheers, George Lombard Thank you, I will pass this on, along with your contact details if that's ok. Link to comment Share on other sites More sharing options...
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