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Application issues

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Guest renton

Hi everyone, I am new to the forum so hello. I am needing help and suspect this might have been an issue that someone else my have posted before and I have done a search but I can't seem to find anything.

 

Well here goes, I am looking to apply for a working holiday visa (12 month) and have two concerns, one that I have criminal convictions from over 10 years ago and the other is whether I need/should use a migration agent.

 

My convictions are from when I was in my teens and made stupid drunken mistakes. They are from two separate events. One is for criminal damage (received a fine) and the others are from the same evening and are Section 18 (wounding) and assault PC for which I was sentenced to 2 months imprisonment at a young offenders institute. I believe I have to declare these as they are within a 15 year time frame.Although I have since turned my life into a positive one, have graduated from university and am employed within a professional role I am wanting to know will this effect my application?

 

The migration agent issue is that I considering applying direct through the Australian immigration website. But also thinking that migration agents might make the process easier?

 

Thanks in advance for any advice,

Renton

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Guest gadget

Hi, I am also new to this site and also have a concern like yours but i have done a 12 month prison sentence. From what i can gather it was a long time ago and if your have been clean since your not a repeat offender. We were all young and stupid once so just put in some character refrences with your appliction. The main thing is declare everything it all comes out, hide it a you have no chance. I have had a reply to the same question and this guy had done 3 sentences and still got approved. In regards to using an agent I am and would recommend you do as they know the ins & outs and what exactly to put on the forms leaving you time to go on this forum and research other stuff.

 

GOOD LUCK

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Hi guys - my advice to you both would be seek the advice from a reputable agent who has lots of experience in this field. We are at the end of the visa process and as my OH has some criminal offences from his juvenile days we are now up against it .. I would seek the advice of Richard Gregan on here he is a really nice bloke and specialises in Character issues. He is an agent based in Scotland but is ex NZ and OZ police ( correct me if I am wrong but I think thats what he said). Anyway a quick assessment with him should have you in the right direction. Our agent is lovely but if you have a record you definately need someone experienced working on your behalf.


Gavin, Tina, Ashley, Josh & Jasmine - arrived in WA March 2010.

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Guest renton

thanks for the advice guys. I have been doing some research today and come up with this: So I thought I'd post it on here to help others looking for this type of info as well. Not sure if it applies to a visitor visa or for more permanent residencies?

 

The character test

 

A person will fail the character test where:

 

  • they have a substantial criminal record
  • they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
  • having regard to the person's past and present criminal conduct, the person is found not to be of good character
  • having regard to the person's past and present general conduct, the person is found to be not of good character
  • there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community.
    See: Fact Sheet 78 - Controversial Visa Applicants

Substantial criminal records

 

A person is deemed to have a substantial criminal record if they have been:

 

  • sentenced to either death or life imprisonment
  • sentenced to a term of imprisonment for 12 months or more
  • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
  • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

 

 

 

also found this too:

 

Exclusion from Australia

 

A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

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Guys,

 

If you have convictions, and especially if you've served a custodial sentence, then do yourselves a favour and seek professional advice, whether that be from Richard Gregan or anyone else.

 

Yes, you can do it yourselves, but in the same way as you can do your own conveyancing rather than use a solicitor when you buy a house subject to easements; if you are considering making a life changing decison by migrating to another country when you have the known burden of criminal convictions then it makes sense to go with professional assistance.

 

Cheers,


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

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Hi Gadget, Renton,

 

The rules on character are quite complex - and although it's ok to quote from Fact Sheet 79 Australian Immigration Fact Sheet 79. The Character Requirement as long as you also make a point of looking at Ministerial Direction No. 41 which is linked there - i would suggest that you in particular Gadget ought to get some appropriate advice before you make any application at all.

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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Guest gadget

Thanks George for the advice, could you also tell me if the authoritys believe that people can change as i can demonstrate in many ways i am a completely different character now than 10 yrs + ago. I have a family which means the world to me and the move to Australia is for them to give my kids a better chance in life. If something i done through the enviroment i lived in and getting in with the wrong crowd when i had no sense is going to destroy this dream i will be devastated.

 

MANY THANKS

 

GADGET

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Hi Gadget,

 

Not a discussion you ever ought to have in an online forum mate, just email me.

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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