Jump to content
NewtoAustralia

Moving to Australia with a criminal record

Recommended Posts

Hello

I have a question regarding moving to Australia with a criminal record

My plan is to move  and live in AU and  get married to my now girlfriend, she is born in Australia

I have been in prison 6 years and got released 2015 since then i had 2 minor offence, drugs for personal use last time was in 2020.

I have no plans to hide any of my choises in the past because today i live a sober life and work with myself to be a better man.

Is there even a possibility to have a chance to live there? 

Thanks in advace.

 

Share this post


Link to post
Share on other sites

You have no chance if you do the process yourself, you will need to engage an agent to help here.

Even then, the statute in most countries to consider a custodial sentence served is 10 years with no re-offence, so you would have been looking at 2025, but your "minor offence" probably pushes this back to 2030

Interesting is your choice of words, to most people an offence is an offence, only to habitual offenders is there a need to grade the severity of an actual offence

Share this post


Link to post
Share on other sites
3 hours ago, NewtoAustralia said:

Hello

I have a question regarding moving to Australia with a criminal record

My plan is to move  and live in AU and  get married to my now girlfriend, she is born in Australia

I have been in prison 6 years and got released 2015 since then i had 2 minor offence, drugs for personal use last time was in 2020.

I have no plans to hide any of my choises in the past

Hiding them wouldn't help anyway, as Immigration will be able to access your British criminal record.  

Unfortunately I think it's unlikely you'll be allowed to come and live in Australia yet. You need to prove you have made a genuine change in your behaviour and that will take longer than just two years.


Scot by birth, emigrated 1985 | Aussie husband granted UK spouse visa March 2015, moved to UK May 2015 | Returned to Oz June 2016

My new novel, A Dance With Danger, is due out August 2022

Share this post


Link to post
Share on other sites
44 minutes ago, Ausvisitor said:

Interesting is your choice of words, to most people an offence is an offence, only to habitual offenders is there a need to grade the severity of an actual offence

Yor post tells more about how you see other people then anything else. Everything is not black or white, by judging other´s you judge yourself.

  • Like 1

Share this post


Link to post
Share on other sites
6 minutes ago, NewtoAustralia said:

Yor post tells more about how you see other people then anything else. Everything is not black or white, by judging other´s you judge yourself.

True, I did feel like maybe I'd over shared after I typed it.

I do wish you luck, people do grow into themselves over time despite past mistakes. 

Despite my flippant comment the rest of the post was intended to be helpful (and I should have stopped at 2 paragraphs 😉 ). You will need some professional help to navigate the process as, like me, people (immigration officer) will just see the crime and make judgements without considering the person.

Good luck with the application, if you can get here you won't regret it.

  • Like 3

Share this post


Link to post
Share on other sites

 

2 minutes ago, Ausvisitor said:

True, I did feel like maybe I'd over shared after I typed it.

I do wish you luck, people do grow into themselves over time despite past mistakes. 

Despite my flippant comment the rest of the post was intended to be helpful (and I should have stopped at 2 paragraphs 😉 ). You will need some professional help to navigate the process as, like me, people (immigration officer) will just see the crime and make judgements without considering the person.

Good luck with the application, if you can get here you won't regret it.

Thank you, appreciate it.

  • Like 1

Share this post


Link to post
Share on other sites
10 hours ago, Ausvisitor said:

You have no chance if you do the process yourself, you will need to engage an agent to help here.

Even then, the statute in most countries to consider a custodial sentence served is 10 years with no re-offence, so you would have been looking at 2025, but your "minor offence" probably pushes this back to 2030

Interesting is your choice of words, to most people an offence is an offence, only to habitual offenders is there a need to grade the severity of an actual offence

I agree that the OP needs a decent agent/lawyer with experience in these matters to get an opinion on what may be possible, as it's definitely not something for an internet forum to solve. There is no such thing as a "spent" conviction for immigration purposes, but there is a consideration of the nature and severity of the offences. Ministerial Direction 90 is a good place to start.

  • Like 1

____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

Share this post


Link to post
Share on other sites

There are a number of registered migration agents and migration law specialists who specialise in the area of "character" which is industry speak for criminal matters. 

One of my tutors while studying to become a migration area was a well known expert in this space. If you engage with an expert in the field, and are prepared to disclose everything in a concise and timely manner, they should be able to provide you with a very good opinion whether an application is likely to be a "non starter" or otherwise. 

This would likely incur a cost for an initial consultation and preliminary advice but at the very least, you will know where you stand. 


Steve Elliott

Registered Migration Agent (MARN 1804671)

Share this post


Link to post
Share on other sites

From what the OP posted, it does not look good. If he goes to my website pinoyau.com and uses the contact form Ishall have a look at the case


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites
On 08/07/2022 at 07:42, Ausvisitor said:

You have no chance if you do the process yourself, you will need to engage an agent to help here.

Even then, the statute in most countries to consider a custodial sentence served is 10 years with no re-offence, so you would have been looking at 2025, but your "minor offence" probably pushes this back to 2030

Interesting is your choice of words, to most people an offence is an offence, only to habitual offenders is there a need to grade the severity of an actual offence

But Rishi didn't even get any cake!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×