Drink Driving Convictions

[Riccardo]

Hi everyone,

I have applied with my partner for the 186 Visa and he has 2 drink driving convictions (one in 2008 and one in 2015). In both convictions he has received a fine and the license was suspended for 8 months (no jail time and no one was injured).

On his student visa he hasn't declared those offences and the visa was granted. We then discovered that he couldn't apply for a further visa due to PIC4020 for the next 12 months so he left the country.

Will Immigration be ok with these 2 drink driving?

We have gathered character references (one of them is from the Sponsor) and he did a statement saying how he reformed since.

I have been in the country for 5 years working for the same Sponsor and we want to make sure that he will pass the Character Test.

 

[VERYSTORMY]

Speak to a good registered migration agent. The biggest issue will be the failure to declare on a previous visa. 

[Tulip1]

I agree with the above.  It will be hard to pass the character test when you’ve not been honest in a previous application. Failure to declare is seen in a very poor light. 

[Guest]

hi Riccardo, how they discovered the 2 convictions ?

[Riccardo]

Hi everyone,

I explain a little bit better our case. I am on a 457 and in July 2019 we tried to make a subsequent entrance of my partner on my visa. Unfortunately immigration sent us PIC4020 because the police clearance of my partner had 2 drink driving convictions which haven't been declared in his student visa.

He left the country and we have been in a long-distance relationship for over 1 year now. Now we can reapply for the visa because it's been more than 12 months since false information was given (more than 12 months in a long-distance relationship) but we are still worried that they will raise an issue.

Thanks

[Toots]

20 minutes ago, easyrimka said:

hi Riccardo, how they discovered the 2 convictions ?

A police check for every country you have lived in would show any convictions.  Immigration are on top of all that.

[Guest]

23 minutes ago, Riccardo said:

Hi everyone,

I explain a little bit better our case. I am on a 457 and in July 2019 we tried to make a subsequent entrance of my partner on my visa. Unfortunately immigration sent us PIC4020 because the police clearance of my partner had 2 drink driving convictions which haven't been declared in his student visa.

He left the country and we have been in a long-distance relationship for over 1 year now. Now we can reapply for the visa because it's been more than 12 months since false information was given (more than 12 months in a long-distance relationship) but we are still worried that they will raise an issue.

Thanks

I dont think this is a problem if now you declare the convictions.

 

17 minutes ago, Toots said:

A police check for every country you have lived in would show any convictions.  Immigration are on top of all that.

I understand, but how they granted its previous student visa with the convictions on the police check he provided ?

[Riccardo]

Thank you.

When he applied for his student visa back in 2017, police checks weren't mandatory on the Visa application and he declared that he doesn't have any convictions. He just assumed that everything was clear until it was requested from Immigration to supply a police check for the 457 Subsequent entrance and then Immigration sent us the Natural Justice Letter with intention of refusal because of false information and they raised PIC4020.

I really hope that after more than 12 months since false information was given and my partner hasn't received a refusal (we withdrew the 457 Subsequent entrance), we can reapply with all the information correct.

I hope that the 2 drink driving in 2008 and 2015 and taking into consideration this PIC4020 (which has been overcome because we waited more than 12 months) everything is ok.

 

[VERYSTORMY]

50 minutes ago, Riccardo said:

Thank you.

When he applied for his student visa back in 2017, police checks weren't mandatory on the Visa application and he declared that he doesn't have any convictions. He just assumed that everything was clear until it was requested from Immigration to supply a police check for the 457 Subsequent entrance and then Immigration sent us the Natural Justice Letter with intention of refusal because of false information and they raised PIC4020.

I really hope that after more than 12 months since false information was given and my partner hasn't received a refusal (we withdrew the 457 Subsequent entrance), we can reapply with all the information correct.

I hope that the 2 drink driving in 2008 and 2015 and taking into consideration this PIC4020 (which has been overcome because we waited more than 12 months) everything is ok.

 

I am not sure where you are getting the idea that because 12 months have passed, all is good. There is no such thing. At the moment, he is likely to fail the character test. The department would have asked questions if he had declared them, but it would have been unlikely to have resulted in a refusal. But, his lying now does pose serious questions and you should seek professional advice. 

[Ausvisitor]

You won't solve this by waiting it out (well you might but it will be 10 years which is the minimum time to "spent" for a driving conviction).

The problem is going to be blatant lying on a government visa application. He has given a formal declaration that he has no convictions when he did, Government's don;t like this they liek their residents and visa holders to be honest.

You will need to make some detailed representations to the immigration department, I suggest you get a decent MARA agent on your side, ideally one with experience of this issue

[Nemesis]

43 minutes ago, Ausvisitor said:

You won't solve this by waiting it out (well you might but it will be 10 years which is the minimum time to "spent" for a driving conviction).

The problem is going to be blatant lying on a government visa application. He has given a formal declaration that he has no convictions when he did, Government's don;t like this they liek their residents and visa holders to be honest.

You will need to make some detailed representations to the immigration department, I suggest you get a decent MARA agent on your side, ideally one with experience of this issue

No conviction is ever "spent" where immigration is concerned. 

[Raul Senise]

12 hours ago, Riccardo said:

Hi everyone,

I explain a little bit better our case. I am on a 457 and in July 2019 we tried to make a subsequent entrance of my partner on my visa. Unfortunately immigration sent us PIC4020 because the police clearance of my partner had 2 drink driving convictions which haven't been declared in his student visa.

He left the country and we have been in a long-distance relationship for over 1 year now. Now we can reapply for the visa because it's been more than 12 months since false information was given (more than 12 months in a long-distance relationship) but we are still worried that they will raise an issue.

Thanks

The issue is not so much the driving convictions, it is the PIC 4020. 

If a visa has been refused or cancelled due to PIC 4020 this carries implications for future application.

You are unlikely to obtain the answers you need on a public forum, as PIC 4020 issues are complicated and the answers will depend on the specifics of your situation.

 

[Tulip1]

19 hours ago, Riccardo said:

Thank you.

When he applied for his student visa back in 2017, police checks weren't mandatory on the Visa application and he declared that he doesn't have any convictions. He just assumed that everything was clear until it was requested from Immigration to supply a police check for the 457 Subsequent entrance and then Immigration sent us the Natural Justice Letter with intention of refusal because of false information and they raised PIC4020.

I really hope that after more than 12 months since false information was given and my partner hasn't received a refusal (we withdrew the 457 Subsequent entrance), we can reapply with all the information correct.

I hope that the 2 drink driving in 2008 and 2015 and taking into consideration this PIC4020 (which has been overcome because we waited more than 12 months) everything is ok.

 

You mean he assumed he’d got away with it rather than he assumed everything was clear.  Failing to declare a conviction is an offence.  He’s had two drink driving offences and yet still only a few years ago he chose to lie to the authorities. If you were in immigration and had to make a decision on someone’s character, what would you think about such a person. He would probably have been ok had he been honest but his deceit may come back to bite him. I’d suggest you speak to an agent such as Raul above to see if anything can be done.       

[Riccardo]

On 18/08/2020 at 07:26, Raul Senise said:

The issue is not so much the driving convictions, it is the PIC 4020. 

If a visa has been refused or cancelled due to PIC 4020 this carries implications for future application.

You are unlikely to obtain the answers you need on a public forum, as PIC 4020 issues are complicated and the answers will depend on the specifics of your situation.

 

Hi Raul,

The 457 Subsequent Entrance was withdrawn and he kept going on his Student Visa until the expiry date. We haven't received any refusal or cancellation of his Student Visa.

Now it's been more than 12 months that he's out of Australia and according to the PIC4020 legislation (that says that a visa can be refused if false information was given in a visa application that the applicant held 12 months before applying for the current visa) we shouldn't be impacted.

If someone has experience on PIC4020 please share.

Thank you

 

[Raul Senise]

2 hours ago, Riccardo said:

Hi Raul,

The 457 Subsequent Entrance was withdrawn and he kept going on his Student Visa until the expiry date. We haven't received any refusal or cancellation of his Student Visa.

Now it's been more than 12 months that he's out of Australia and according to the PIC4020 legislation (that says that a visa can be refused if false information was given in a visa application that the applicant held 12 months before applying for the current visa) we shouldn't be impacted.

If someone has experience on PIC4020 please share.

Thank you

 

That's my point, you need to obtain advice specific to your situation, as PIC 4020 issues are not simple.

There is insufficient information in your short post for anyone to give you definitive answers.