Would employer find out my Criminal Record from Visa 457

[northshorepom]

And I believe I will need an IELTS test as well, right?

 

No. Not if your first language is English. Most people you see on here doing IELTS are doing it to score extra points for the points test by getting a high score in it. Not relevant for 457

[Raul Senise]

Goingtooz, here are a few points to consider from the many questions you have raised:

 

 

 

• You must declare all convictions on any visa application;
  
• If you do not disclose your conviction and it is later found out, you will risk serious visa consequences including having your visa cancelled and/or receiving a re entry ban;
  
• If you have a conviction, you will need to provide a Police Clearance with your 457 application;
  
• Depending on the sentence, it may need to be referred to the character unit for further assessment;
  
• If you employer is paying for all visa costs, it is likely that they are using someone to prepare the application, so you need to be clear what information they may give your employer;
  
• IELTS is required for 457 visa applications unless you meet one of the exemptions.
  

 

[northshorepom]

EDIT: Just read earlier posts properly!

Edited November 14, 2016 by northshorepom

[Bungo]

I was talking about spent convictions in regards to rehabilitation of offenders. I'm not sure if that applies after only 3 years. Just saying- if I am interviewing someone we have a 'declaration of offences' form. A staff member discloses that they were convicted of stealing we would obviously discuss this and find out the reasons why, when etc but I cannot discriminate and not employ them on that basis alone. Of course if there were more incidents or the persons behaviour towards it was not what I would expect then that's different. I thought 457 offshore you need a police check? For all temporary and PR visas?

 

There was nothing to suggest this was a spent conviction though? At three years ago I doubt it is and in any case looks like OP didn't even mention it when it was fresher.

 

And yes you can "discriminate" (although I wouldn't call it that myself) against people with unspent criminal convictions. Absolutely you can because there is no "anti-criminally convicted" discrimination law in the UK. Many employers require honest employees, for business reputatiional purposes or because they will be handling cash or otherwise be in a position of trust.

[Raul Senise]

And yes you can "discriminate" (although I wouldn't call it that myself) against people with unspent criminal convictions. Absolutely you can because there is no "anti-criminally convicted" discrimination law in the UK. Many employers require honest employees, for business reputatiional purposes or because they will be handling cash or otherwise be in a position of trust.

 

Apparently you can't in Australia. See here.

[Bungo]

Apparently you can't in Australia. See here.

 

Dragonflygecko is in London.

[tunadawg]

Hey guys, I have a criminal record for possession of cannabis when i was 18 in the UK, I also had two other cautions on my record. I'm 35 now and moved to Oz 6 years ago on a WHV, got a job and sponsored through a 457 and then an 856 permanent residency skilled migration route. I had to declare my criminal record on my WHV initially when I applied in the UK to come here. I then had to declare on the customs form on arrival in Melbourne that I had a criminal record as it says to on the form. Everytime I land back in Australia I to this day still tick the box saying I have a criminal record and I have to speak to a customs officer, they do some checks and let me on my way. It's annoying as hell but you are required by law to declare this or it will jeopardise your visa, which is not worth it. Honesty is best. On my 457 I declared it because I declared it previously on my WHV and every time I entered the country again. Then on my 856 I obviously declared it. It's a real pain and personally don't think I should have to still be worrying about some petty drug possession crime I did in my youth. I have two kids now and I hate to think that every time we come back into Australia and I have to speak to a customs officer to declare my 'criminal' past in front of my children and then have to explain why, but honesty is the best policy I can assure you.

[goingtoz]

Ok, my company is going to start my 457 visa now, I guess I should just prepare my police check record in advance so as to save some time when I really get asked to get the proof after declaring my criminal record.

 

Meanwhile, I am not living in an English speaking country, so I will also need

 

1) IELTS test scoring 5 or above in every paper

2) Medical insurance plan from an authorised company

 

Correct me if I am wrong?

[tunadawg]

Yes, you will need to do your English reading/language test.

 

You will also need medical insurance as you will not be covered. There is a reciprocal health cover between commonwealth countries that would cover you as a tourist or on a working holiday visa, however it is, or was, a condition of the 457 visa to have your own health cover. You need to check the immigration website though to confirm this.

[evets]

If I declare my conviction, and somehow immigration asked me for a police check, would that lengthen my visa process? And I believe I will need an IELTS test as well, right?

 

You need to declare you conviction as when a police check is run it would/will more than likely show up, less than 10 years. After 10 years your record is wiped, as per my understanding, well was in my case. For immigration to Australia I am not 100% sure how it would impact the visa process. My DUI was over 20 years and did not have any impact on the visa process which was a little surprising considering I forgot to mention it during my 457 visa but brought it up for my PR visa as noted it in the application and remember about it and thought best to come clean. But to get a visa for Canada recently it had a major impact and delayed the visa by many months. I thought Australia was a hard country to get into, then found Canada even tougher!

 

As I mentioned before, the immigration company processing your visa will ask for an additional payment to cover this. How you approach your manager is another matter, you could simple mention that you have a spent conviction but do not want to discuss in detail as you feel embarrassed about it and it was something you regret.

 

Also you will need to complete a Statuary Declaration form explaining the incident and the remorse you have since the conviction. Then have this signed by a Justice of the Peace or the like.

[evets]

Yes, you will need to do your English reading/language test.

 

You will also need medical insurance as you will not be covered. There is a reciprocal health cover between commonwealth countries that would cover you as a tourist or on a working holiday visa, however it is, or was, a condition of the 457 visa to have your own health cover. You need to check the immigration website though to confirm this.

 

Until recently, a 457 visa it was a requirement for the sponsoring company to provide healthcare. This has now been abolished

 

Spend some time reviewing healthcare companies and policies as some can work out (very) expensive. Also make note of the extras part of the policies and you (and your family) may not need them. Healthcare in Australia is turning into a very Americanised system. Shame really as Medicare is up there with the NHS and sometimes even better but after a certain age it is pretty much a forced requirement, otherwise you have a medicare levy to pay.

 

If you are transferring within your company, do they offer healthcare as part of the package. If so, this is great as any waiting periods are usually wiped.

[Nemesis]

You need to declare you conviction as when a police check is run it would/will more than likely show up, less than 10 years. After 10 years your record is wiped, as per my understanding, well was in my case. For immigration to Australia I am not 100% sure how it would impact the visa process. My DUI was over 20 years and did not have any impact on the visa process which was a little surprising considering I forgot to mention it during my 457 visa but brought it up for my PR visa as noted it in the application and remember about it and thought best to come clean. But to get a visa for Canada recently it had a major impact and delayed the visa by many months. I thought Australia was a hard country to get into, then found Canada even tougher!

 

As I mentioned before, the immigration company processing your visa will ask for an additional payment to cover this. How you approach your manager is another matter, you could simple mention that you have a spent conviction but do not want to discuss in detail as you feel embarrassed about it and it was something you regret.

 

Also you will need to complete a Statuary Declaration form explaining the incident and the remorse you have since the conviction. Then have this signed by a Justice of the Peace or the like.

 

If you are talking about the UK records are not wiped after 10 years.

 

Rehab of Offenders means some records may be removed after a certain time, dependent on the type of offence, sentence, and whether it was a stand-alone conviction. There is no blanket rule for wiping everything after a certain time. It should still be declared for migration purposes though.

[tunadawg]

If you are talking about the UK records are not wiped after 10 years.

 

Rehab of Offenders means some records may be removed after a certain time, dependent on the type of offence, sentence, and whether it was a stand-alone conviction. There is no blanket rule for wiping everything after a certain time. It should still be declared for migration purposes though.

 

I wish there was some rule that meant it would be lost from my record as I think its rediculous that some petty crime (caught with the tiniest bit of cannabis) these days can still remain a problem and something for the rest of my life every time I come into Australia I will have to declare it. Joke.

 

 

Sent from my iPhone using Tapatalk

[evets]

If you are talking about the UK records are not wiped after 10 years.

 

Rehab of Offenders means some records may be removed after a certain time, dependent on the type of offence, sentence, and whether it was a stand-alone conviction. There is no blanket rule for wiping everything after a certain time. It should still be declared for migration purposes though.

 

Ah ok was not aware of that.

[goingtoz]

It's me again. The immigration agent my company hire has a document stated that if I answer 'yes' to anything in the criminal record column, they will advice me and my employer further.

 

I thought they should be responsible to keep my personal details private? Can they reveal my details to my employer under the Australian law?

[Nemesis]

It's me again. The immigration agent my company hire has a document stated that if I answer 'yes' to anything in the criminal record column, they will advice me and my employer further.

 

I thought they should be responsible to keep my personal details private? Can they reveal my details to my employer under the Australian law?

Not sure, it may depend on the contract as they are your compnay's agent and not yours.

 

Can't you do your part of the application yourself and submit it directly to DIBP.? Surely you don't have to go via the company lawyer.?

[goingtoz]

They are not going to disclose it. They gave me a questionnaire that is basically the same as the DIBP. Anyway, as long as they are not disclosing, I will fill out any documents needed.

[Raul Senise]

It's me again. The immigration agent my company hire has a document stated that if I answer 'yes' to anything in the criminal record column, they will advice me and my employer further.

 

I thought they should be responsible to keep my personal details private? Can they reveal my details to my employer under the Australian law?

 

They are not going to disclose it. They gave me a questionnaire that is basically the same as the DIBP. Anyway, as long as they are not disclosing, I will fill out any documents needed.

 

As per my advice earlier on "If you employer is paying for all visa costs, it is likely that they are using someone to prepare the application, so you need to be clear what information they may give your employer".

 

If their paperwork specifically states that they will disclose criminal information to your employer, why do you think that they will not disclose it?

[goingtoz]

I asked the agent, they said they won't disclose it to my employer

[goingtoz]

This story has taken another turn.

 

Yes, they are going to disclose it. MA will tell my company's HR, HR will inform my manager.

 

Question is, should I talk to the manager right now before HR tells the manager? Or should I leave everything up to them to have a think about?

 

The MA has stated that the spent record is not going to be a concern when doing the visa, but should I be up front so that I can get the manager's acknowledgement?

 

This is haunting me for a few days already, and I really can't wait any longer, and I really don't wish that the employer would not change their mind by not hiring me. Besides, I have already got my medical check, and waiting for my Eng test result.

 

Need some advice please if you are MA / if you have similar situation.

[Gbye grey sky]

In my view you should have disclosed to your employer at the earliest opportunity. Delaying has only made things worse and waiting for them to learn about it through the 3rd party will be the worst outcome. I appreciate that you are ashamed of the offence and concerned about the repercussions and ramifications of it coming to light but you really do not have a choice here.

 

Organise a meeting with your manager and disclose. I guess that if the work places you in some position of trust then you may face consequences.

[evets]

This story has taken another turn.

 

Yes, they are going to disclose it. MA will tell my company's HR, HR will inform my manager.

 

Question is, should I talk to the manager right now before HR tells the manager? Or should I leave everything up to them to have a think about?

 

The MA has stated that the spent record is not going to be a concern when doing the visa, but should I be up front so that I can get the manager's acknowledgement?

 

This is haunting me for a few days already, and I really can't wait any longer, and I really don't wish that the employer would not change their mind by not hiring me. Besides, I have already got my medical check, and waiting for my Eng test result.

 

Need some advice please if you are MA / if you have similar situation.

 

OK so not a MA but was in a slightly similar position myself, DUI in my early 20's. When I applied for my 457 I did not mention it, mainly as I completely forgot about it. It was when I applied for PR, I noted it in my application as then I remembered and thought sheesh must declare. Cannot remember what part of the application triggered this. I cannot remember mentioning it to my manager, and he never mentioned it to me, so not sure if the MA even mentioned it to him. Never heard anything from my HR dept about it.

 

I am in the final stages of relocating to Canada, and mentioned it to the lawyers managing my application. This caused untold issues, apparently Canada harder to get into than Australia!!! I spoke to my manager about and he was fine, just upset that it was going to delay the visa application.

 

If the MA is going to disclose it to your HR team who then will disclose it to your manager. Best bet talk to your manager, it is better coming from you than via HR, at least you are being upfront with him.

[evets]

Apparently you can't in Australia. See here.

 

I know this is an old post, but never noted the link at the time. I have read the webpage you posted and honestly shocked at some of the peoples convictions and demanding compensation... child porn, convicted armed robber, stalking sheesh people never cease me. With those convictions you should not be entitled to any compensation because you got sacked.

[goingtoz]

Hi Evets,

 

Sorry I can't open that link actually. So what are you trying to say? Is shoplifting a big deal in Australia that the employer will change their mind not to hire me?

[Nemesis]

Hi Evets,

 

Sorry I can't open that link actually. So what are you trying to say? Is shoplifting a big deal in Australia that the employer will change their mind not to hire me?

 

Shoplifting is theft regardless of what country you are in.

 

Ignore the link and think for yourself. Would you not feel better telling your employer yourself, giving him/her all the background and any mitigating circumstances, rather than waiting for them to get a bit of paper in the mail with the conviction typed on it.

 

No-one except the employer can tell you whether the employer will still hire you.

 

We have a saying back here in the UK, 'if you can't do the time, don't do the crime'. Well you did it, now its time to face up to it and be honest - tell the boss before someone else does.