David Kemp Posted February 22, 2018 Share Posted February 22, 2018 Hi All, I am in the early stages of expressing interest in emigrating to Australia with my wife & children. Like everybody who is serious about relocating to the other side of the world I have been doing lots of research. However I haven't been able to find any information (other than what's on the Australian government website) about applying for a visa with a criminal record. Now I appreciate this may be a sensitive subject, and some folks will not wish to openly speak of their past. So I guess I am hoping I may get some informative replies along the lines of "I knew a chap who had his visa application accepted/refused and his record was worse/not as serious as yours. You get idea right. My story is.. 20yrs ago I got into a fight which resulted in me receiving the following convictions: x2 Actual bodily harm, x1 carrying an offensive weapon & x1criminal damage. For which I received a twelve month probation order and a fine. Now the Australian government website states that I am still eligible to apply for a 190 visa. However my question to you all is, from your experience/previous knowledge am I wasting my time? Will my application simply be overlooked. On paper I am definitely not the most desirable applicant. I am only an electrician who is getting close to the 45yr age limit invitation cut off. Visa bureau (the emigrating agency) have informed me that I shouldn't have a problem, but without wishing to sound cynical, they do have a motive to say that. Any helpful replies would be much appreciated. I'm not a bad guy really. Many thanks in advance. David. Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 22, 2018 Share Posted February 22, 2018 From what you have posted , you should be OK with the character issue. Whether you can rake up the points for a 190 is a matter about which you might want to take advice. 1 Quote Link to comment Share on other sites More sharing options...
David Kemp Posted February 23, 2018 Author Share Posted February 23, 2018 7 hours ago, wrussell said: Wherther you can rake up the point for a 190 is a matter about which you might want to take advice. Westly, Thank you for taking the time to reply. The agent at Visa Bureau has assessed my possible points as follows.. Age; 15 (I will be 45 on 21/06/2019) General education ;10 (City & Guilds Part 2 Electrical installation) English Language 20 (Assuming I can score high enough in an English language test) Overseas work experience 15 (I've been an electrician for 23yrs) NSW sponsorship 5 This would give me a total of 65 points. As I'm sure you're aware I would also need to pass the VETASSESS trade exams before I submit an EOI. Westly, or anybody reading this thread for that matter. Please feel free to add any advice or information regarding my situation whether it be about my criminal record, my age or my possible points tally. All comments are very much welcomed. If in your opinion I am wasting my time and money please do let me know. On the contrary if you know from past experience that I have half a chance at a 190 then please also say so. Many thanks to any replies in advance. David. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 23, 2018 Share Posted February 23, 2018 The criminal record shouldn't be too big a deal. They are generally looking at certain offences such as drugs or offences which have received 12 months or more custody. You will probably be asked to write a statement about it - basically a groveling letter saying how you were young and silly. A bigger issue may be points. Until recently, the age cut off was 50, but no points were awarded for age from 45. Then they moved the age cut off to 45, but haven't yet changed the points. However, in the not too distant future I can see them amending them so that no points are awarded for age 40. So, I would get cracking on the English exam and skills assessment. Also, you might be better looking at a 190 rather than a 189 visa as at the moment no one is being invited for a 189 with 65 points or less Quote Link to comment Share on other sites More sharing options...
Monks Posted February 23, 2018 Share Posted February 23, 2018 Like very stormy says, they are looking at serious offences such as drugs, sex offences etc which resulted in a custodial sentence of 12 months or more. My partner has a criminal offence from 12 years ago, albeit a drink driving offence but nevertheless it’s still a blur on his character. My partner wrote a grovelling statement about how this was such a long time ago and that he was now a reformed character etc. They did request a full disclosure in addition to the normal PCC request so we had to provide that too. On a more serious matter, he also overstayed a visa. Immigration came to his place of work to remove him and he was deported and received a 3 year ban from entering the country. It was last chance saloon for us too to apply due to his age and whilst we thought he would have failed the character test, we applied anyway. We applied for a 189 in May 2017 and have just been granted our visas. Maybe they are human after all and think people can’t be punished forever and deserve a second chance, who knows but I would definitely apply if you have the required points. ?? Good luck ?? 1 Quote Link to comment Share on other sites More sharing options...
David Kemp Posted February 23, 2018 Author Share Posted February 23, 2018 12 hours ago, VERYSTORMY said: Also, you might be better looking at a 190 rather than a 189 visa as at the moment no one is being invited for a 189 with 65 points or less Hi Verystormy, Yes a 190 is what I'm looking at. Thanks for your input, much appreciated. David. Quote Link to comment Share on other sites More sharing options...
David Kemp Posted February 23, 2018 Author Share Posted February 23, 2018 11 hours ago, Monks said: Like very stormy says, they are looking at serious offences such as drugs, sex offences etc which resulted in a custodial sentence of 12 months or more. My partner has a criminal offence from 12 years ago, albeit a drink driving offence but nevertheless it’s still a blur on his character. My partner wrote a grovelling statement about how this was such a long time ago and that he was now a reformed character etc. They did request a full disclosure in addition to the normal PCC request so we had to provide that too. On a more serious matter, he also overstayed a visa. Immigration came to his place of work to remove him and he was deported and received a 3 year ban from entering the country. It was last chance saloon for us too to apply due to his age and whilst we thought he would have failed the character test, we applied anyway. We applied for a 189 in May 2017 and have just been granted our visas. Maybe they are human after all and think people can’t be punished forever and deserve a second chance, who knows but I would definitely apply if you have the required points. ?? Good luck ?? Monks, Your story gives me hope. Thank you for taking the time to share it. David. 1 Quote Link to comment Share on other sites More sharing options...
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