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jameserob

Criminal Record Help!!

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So the company I’m working for are going to sponsor me. I’m currently working for them via an agency. To work in the role permantlh I will need a Police check, and I’m assuming I’ll need one as part of the sponsorship process too. Can I use the same Police check? I’ve been out in Oz for nearly two years and I’m originally from the U.K. Can anyone explain what type of Police check I’ll need and where I get it from? Also, I have a caution (not a conviction) on my record from 2013, so nearly six years ago. Will this show up? If so, do you think it is likely to affect whether the Australian Government will agree to my sponsorship? 

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20 minutes ago, jameserob said:

So the company I’m working for are going to sponsor me. I’m currently working for them via an agency. To work in the role permantlh I will need a Police check, and I’m assuming I’ll need one as part of the sponsorship process too. Can I use the same Police check? I’ve been out in Oz for nearly two years and I’m originally from the U.K. Can anyone explain what type of Police check I’ll need and where I get it from? Also, I have a caution (not a conviction) on my record from 2013, so nearly six years ago. Will this show up? If so, do you think it is likely to affect whether the Australian Government will agree to my sponsorship? 

For the Australia, you need federal police check and you can get it from this website. https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks

For the UK one you can get it  from here https://www.acro.police.uk/police_certificates.aspx.

 


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I am assuming you declared in when you applied for your whv? If not, that could be a significant issue. 

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I didn’t need to as all it asks for on the WHV application is for any convictions, which I don’t have. It’s a caution. I wasn’t convicted. I don’t think it will be an issue for the Australian Government going ahead with my sponsorship as I’m sure they’ve sponsored people with far worse on their record. I’m just worried that my actual job won’t even agree to sponsor me anymore of it shows up. When I was back in the U.K. and had checks done for jobs it would always show up. For my actual job though how far does the Police check go back? Also, in terms of the actual sponsorship one, when it shows up on that is that communicated to the company sponsoring me? 

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26 minutes ago, jameserob said:

I didn’t need to as all it asks for on the WHV application is for any convictions, which I don’t have. It’s a caution. I wasn’t convicted. I don’t think it will be an issue for the Australian Government going ahead with my sponsorship as I’m sure they’ve sponsored people with far worse on their record. I’m just worried that my actual job won’t even agree to sponsor me anymore of it shows up. When I was back in the U.K. and had checks done for jobs it would always show up. For my actual job though how far does the Police check go back? Also, in terms of the actual sponsorship one, when it shows up on that is that communicated to the company sponsoring me? 

Be mindful that the Police checks for employment purposes are often different to the ones require for Immigration.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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I’ve just checked the ACRO website...is this the site that most employers accept criminal record checks from? From looking on the website it only talks of convictions and doesn’t mention cautions, which is a good thing. I’m not too concerned about the immigration one as I know people who have been sponsored and got PR with far, far worse on their record. It’s more the employment criminal record check I’m worried about in case they then decide they don’t want to sponsor me. Does anyone know how it works in terms of whether your employer sees the check that immigration do?

Edited by jameserob

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A caution will show on your record. It won't list the caution but your check will come back as "No live trace". This basically means that there is something there in the background. You will then get a please explain from the department.

For purposes of migration, a caution is considered a conviction (in effect), because it required you to admit guilt and so the offence was dealt with summarily. Totally different to employment. 

That isn't in itself an issue normally. They just send in details that they had a caution for X and regret their actions and things and all good. Where the department get very annoyed is if they perceive someone has lied by previously claiming to have no record. 

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Thank you for this. I noticed on the ACRO website it mentions that certain offences/convictions etc won’t show up on your check after a certain amount of time. For my caution, it’s on the list that doesn’t show up after five years. It’s now almost six years since I received it, so I’m assuming it won’t show up at all? 

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4 hours ago, jameserob said:

Thank you for this. I noticed on the ACRO website it mentions that certain offences/convictions etc won’t show up on your check after a certain amount of time. For my caution, it’s on the list that doesn’t show up after five years. It’s now almost six years since I received it, so I’m assuming it won’t show up at all? 

As verystormy says, your police check may come back as no live trace, offences are 'stepped down' after 5 years, it doesn't mean that they're not still there.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Thank you for all of your help. Very helpful. Just one more thing. My current job I got through a job agency. It’s the employer that are going to sponsor me, but do the job agency need to do anything? I’m paid through the job agency currently. 

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