457 to Perm Residency - Police Checks and Drunk and Disordely Charge - PLEASE HELP!

[kevpreston]

Good Evening/Morning.

 

I've been a reader of Poms in oz for sometime and must say it's a very valuable source of opinions. Keep up the good work people.

 

I've got a really quick question, and i don't expect their to be a black and white answers but any opinions are appreciated.

 

I've been on a 457 visa in Oz 21 months and can apply for PR after i've been here for 2 years, so only 3 months to go. I've never been in trouble with the law and had a clean record my whole life until yesterday. I got in a scuffle (after to much drink which is totally out of character for me) and was charged with being Drunk or Disordely.:chatterbox:

 

I was told at the police station:policeman: that it's a minor offence and won't affect my PR application, but after reading a few posts i've got a little nervous.

 

My understanding is that i need to pass the character test which covers this, this will show up the D&D on the police record.

 

 

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
  

I'm hoping with only a minor charge and normally of good character (hopefully supported by recently joining the SES and being a volunteer feeding the homeless) i'm hoping i shouldn't have any serious problems (i guess it's down to the case handler) has anyone experienced anything similiar or know anything else regarding this?

 

thanks for your time in advance.:confused:

[Guest pookieandwu]

hi kevpreston,

 

i really wouldnt worry about it too much. D and D is such a minor offence and as if its your first and only offence i really dont think it should pose too much of a problem for you.

 

dont stress about it too much, just keep ur nose clean from now on!!:laugh:

 

best wishes,

 

pookieandwu

[kevpreston]

Thanks for responding pookieandwu, If anything it's a little comforting/reassuring.

 

Just wish it hasn't been so close to the time that i'll be applying for PR (3 months away)!

 

Regards

Kevpreston

[Guest Gollywobbler]

Hi Kev

 

Welcome to Poms in Oz.

 

The police are right and the previous poster is right. Just grovel to DIAC and explain what a saintly person you normally are barring this solo indiscretion.

 

Was there a reason for the indiscretion? For instance a quarrel with someone close to you that led to your going out and having a bit too much? If not a quarrel, was there a party for some reason? If not that either, were you depressed? If so, why were you feeling depressed? These sorts of factors are always relevant to what happened and why, so if there are any such factors, tell DIAC what they were at the time when you apply for your permanent visa, I suggest.

 

Cheers

 

Gill

[kevpreston]

Thanks for your response Gill.

 

We'll to be honest for the long weekend i had some old friends up from Sydney, we had a lot to drink (i normally only drink Hahn lights, as i'm know my limits) but these are welsh lads and they where getting double JD's.

 

I take responsbility for my own actions (as i wasn't forced to drink the same drinks as them) but at the same time i guess boys will be boys and i just went with it. I should have drunk more responsibly and don't go out very often at all, and when i have gone out in the past i drink lights so i'm fully alert and in control. i'm 28 so over the days of any binge drinknig but with the rare occasion of friends coming up drank a little more than i could handle. (In hindsight i have learn't my lesson and will stick with the lights, but i hope they will accept that)

 

There was a scuffle, and i got hit and fell to the floor and hit my head. If anything i'd say the police arrested me for my own safety. Yes i was very very drunk.

 

Do you know if i have to write a letter to the DIAC about this or will it be covered in a face to face interview when i apply for PR?

 

Thanks for your responses everyone, i really really apprecaite it. your to kind.

[Guest Gollywobbler]

Hi Saint

 

It isn't often that we get saints on here!!!

 

I take responsbility for my own actions (as i wasn't forced to drink the same drinks as them) but at the same time i guess boys will be boys and i just went with it. I should have drunk more responsibly and don't go out very often at all, and when i have gone out in the past i drink lights so i'm fully alert and in control. i'm 28 so over the days of any binge drinknig but with the rare occasion of friends coming up drank a little more than i could handle. (In hindsight i have learn't my lesson and will stick with the lights, but i hope they will accept that)

 

 

Of course they will accept what you say. Good lord. Are you telling me that nobody from DIAC has ever let their own hair down once in a while? I'm telling you that they assuredly have done so!

 

As I said earlier, evidently there was a very good reason to go out and have a party that night. OK - you weren't terribly brilliant but nobody was hurt and he who never makes a mistake never does anything, either.

 

In the interests of racial niceties, the new gremiin called Diversity etc, I'd be inclined to mention your old mates without mentioning that they were Welsh!

 

They won't waste time interviewing you for something like this. The COs don't have the time. They just want nice, tidy files which will prove to DIAC's internal auditors that that the CO has been diligent. The eagle eyed visa applicant has explained the problem in the visa application (mention it in the application and send in a covering letter explaining what happened.) If the paper file looks OK, everyone will be happy and that will be that.

 

Cheers

 

Gill

[kevpreston]

Thanks for the detailed response which offers clarity, logic and a realistic view of how it will be managed.

 

I really appreciate you comments and am a lot more relaxed, obviously i will take it seriously and put a detailed response covering what happened but i'm a little more comfortable that it won't affect me getting permanent residency.

 

Thanks again Gill