Guest jamesjames300 Posted December 3, 2008 Share Posted December 3, 2008 Hi everyone, I’ve just discovered this fantastic forum. I have a potential problem with my application for an Australian visa. I apologise for the length of this message, but I wanted to explain my circumstances fully. It would be great to get your thoughts on my situation, and whether you think I have a problem or if I’m worrying for no reason. Like many on this forum, the number of sleepless nights worrying is not funny! A little over 10 years ago I made a stupid mistake and got myself a criminal record. This momentary act of stupidity has come back to haunt me repeatedly over the past years, and continues to do so. I was convicted of ‘Communicating False Information – Bomb Hoax’ and served 120 hours of Community Service. The conviction sounds serious, and I’m afraid a CO would interpret it as such. The circumstances that led to this were as follows. I was a 21 year old student in a nightclub with my (ex)girlfriend when my girlfriend stepped on some glass and cut her foot. She went to the toilets to remove the glass, and I followed her in. The bouncers obviously don’t take kindly to men being in the women’s toilets, and despite my trying to explain why, I was picked up by 3 bouncers who then proceeded to rough me up before opening the club fire exit with my head and throwing me outside. In a moment of rage I went to a public phone box, dialled 999 and duly reported a bomb in the nightclub; of course being young, and not thinking clearly I didn’t realise what I’d done until I put the phone down. None of this was pre-meditated, so when I realised what I’d done when I put the phone down, I exited the phone box and immediately confessed to the policeman who was standing across the road from the phone-box. There was no impact of my phone call as I owned up so quickly. However, of course, I was duly charged and convicted. I have obtained my police report which notes the offence; it will remain on my record for 15 years total, although even after that period it will of course appear as ‘No Live Trace’. I’d like to apply for an Australian Visa; I’m not sure exactly what type as yet. My girlfriend is Australian, and whilst we’ll probably get married at some point we are not as yet engaged. I have a number of visa options. 1) Fiancé visa 2)Skilled migrant visa. I work in a large multinational and relocation with the company is an option, but I do not want my employer to find out about my conviction so am wary about pursuing this avenue. From reading through this forum, it appears that honesty is the best policy when it comes to the visa application. It would be great to get anyone’s thoughts on this and my general predicament. Gollywobbler, you seem to have great knowledge in this area, any thoughts would be greatly appreciated. I can’t imagine being refused my application and having to explain this to my girlfriend (future Fiance - who of course is aware of my situation). Many thanks in advance. James Link to comment Share on other sites More sharing options...
Guest julie2g1b Posted December 3, 2008 Share Posted December 3, 2008 hi james welcome to pio just wanted to wish you luck i can not see a problem if you are honest about it on your visa form you can always attach a letter with what you have just wrote explaining and with it being so long ago that is just way of thinking all the best and go for it as life is to short julie :emoticon-signxmas: Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted December 3, 2008 Share Posted December 3, 2008 Hi James Welcome to PIO!! I am sure Gill will be along soon to give you some advise, I would also recommend talking to a migration expert who will also be able to advise you of your chances. You were young and I am sure under the influence of drink so hopefully because of your honesty they may look favourably on you, but I am not a migration expert, just want to wish you good luck!! Link to comment Share on other sites More sharing options...
millars Posted December 3, 2008 Share Posted December 3, 2008 Hi james Sorry to hear about your predicament. We all do daft things in our youth. I know for definite that they will overlook minor convictions a long time ago. Depends if they class this as minor. Hopefully someone can advise you better. Good luck. Link to comment Share on other sites More sharing options...
Guest jamesjames300 Posted December 5, 2008 Share Posted December 5, 2008 Thanks for the words of encouragement. I think it should be classed as a minor conviction due to the penalty being community service. I'll be crossing my fingers when the time comes! Do you know if it's possible to speak with a Case Officer in advance of putting forward an actual Visa application? Also, if you know of any good migration experts, that would be great. Thanks. Link to comment Share on other sites More sharing options...
Alan Collett Posted December 5, 2008 Share Posted December 5, 2008 James, Feel able to telephone our office in Southampton on 023 80 30 25 25, and to ask to have a chat with my colleague Marina Towner. Or send me your phone number via a PM or email, and I'll ask Marina to telephone you. Marina used to work as a case officer at the Australian High Commission in London processing skilled visas before she joined Go Matilda. Best regards. Link to comment Share on other sites More sharing options...
BuddysMum Posted December 5, 2008 Share Posted December 5, 2008 Hope you can get it all sorted. I am sure that honesty and a covering letter will make a huge difference. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted December 6, 2008 Share Posted December 6, 2008 Hi James Do stop fussing, hon! This is in no way a serious offence. The Character requirement is described accurately in Factsheet 79. Australian Immigration Fact Sheet 79. The Character Requirement As you can see from that, you do not have anything approaching a "substantial criminal record." In your shoes, I would get a police check before you submit the visa application. Send that with the application (you can always get another one later if you need to.) Send a note describing what happened and be seen to grovel apologetically. The Australian Government abides by diplomatic protocols so it is no use trying to suggest that the British legal system was heavy handed. Be seen to take the blame and to show remorse for it. That will suffice, you will find. It is a minor embarrassment but no more than that. Anybody with a bit of common sense can see that you were simply young and a little hot headed. It happens. Very often a minor conviction gives the person such a fright that they will behave like a saint for ever more afterwards. Cheer up! Best wishes Gill Link to comment Share on other sites More sharing options...
Guest jamesjames300 Posted December 6, 2008 Share Posted December 6, 2008 Thank you all for your thoughts on my situation. Gill, thank-you so much for your comments. I must admit my stress levels were starting to get a little high with the anxiety really erroding my sleep. This gives me peace of mind and increased confidence to go for it. Thanks again guys, really appreciate it. I'll let you know in the coming months how it all goes. James Link to comment Share on other sites More sharing options...
Guest donovan Posted December 6, 2008 Share Posted December 6, 2008 Hiya James & welcome to PIO, hope Gill & Alan have made you sleep better hun, we have all done stupid things in our lives and non of us take into account what could happen in the future. Good luck with your application. Sarah x Link to comment Share on other sites More sharing options...
Guest aussieranger Posted December 6, 2008 Share Posted December 6, 2008 Hi James, Dont worry i had a conviction for criminal damage when i was 19 drunk etc.. told them everything and grovelled a little, there was no drama with my visa what so ever it only took 4weeks to come through! good luck go for it!!!! Link to comment Share on other sites More sharing options...
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