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Guest Captain Cucumber

Criminal Record Question

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Guest Captain Cucumber

The stated criteria for the character test is that you are ineligible for admission to Australia if you have been sentenced to a term of imprisonment of 12 months or more.

 

My question is, does a suspended jail sentence count?

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Yes, unfortunately it does. It's the sentence that is counted. So an 18 month term, where the offender serves 9 months would be counted as 18 months. Same goes if it is suspended and no time is served.

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Guest Guest31881

Yes a suspended sentence is still a prison sentence. You need to contact a good agent who will look at your case, a lot could depend on when the offence took place and how long ago. Also your ability to show that you have turned your life around.

 

If you search the forums you will find simmilar posts and advice from specialised agents.

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Guest Captain Cucumber

So my understanding thus far is that a suspended sentence is potentially, but not absolutely disqualifying?

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The stated criteria for the character test is that you are ineligible for admission to Australia if you have been sentenced to a term of imprisonment of 12 months or more.

 

My question is, does a suspended jail sentence count?

i had 2 suspended sentences 18 years ago and got my visa. i had to write a couple of letters to explain all convictions, how i was remorseful and had changed etc and received a letter from the minister of characters telling me that i was to be allowed my visa but any criminal activity in uk or oz could result in it being revoked . i also have to fill in convictions on the form before entering oz and i get taken into an office on entry and exit to oz . i think they look at each case individually and there is an appeal process .i had no convictions since so that helps. good luck

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MickyB - how long were your suspended sentences?

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MickyB - how long were your suspended sentences?

i was just trying to remember that ! it was either 2 x 12 months suspended for 2 years or 2 x 2 years suspended for 12 months . because of the time lapse only the sentence remains on record , none of the judges summing up or court notes ,although i had to make efforts to obtain these .

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Guest Captain Cucumber

I have three misdomeanor convictions, all within the last five years, and the combined sentences add up to two years suspended. They were for marijuana possession, reckless driving and driving with a suspended license.

 

The last conviction occurred 1 year ago, and I want to apply in two years. So there will be three years between the time of my application and my last conviction. I will finish school in that period and will be looking or a professional job.

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I have three misdomeanor convictions, all within the last five years, and the combined sentences add up to two years suspended. They were for marijuana possession, reckless driving and driving with a suspended license.

 

The last conviction occurred 1 year ago, and I want to apply in two years. So there will be three years between the time of my application and my last conviction. I will finish school in that period and will be looking or a professional job.

if the conviction dates or sentence dates are different then they should be treated as individuals but a good agent is your best bet for peace of mind

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Guest Guest31881

take a look at this thread on a simmilar question. I believe that if you have multiple convictions, they add the Jail sentence time together, so 3 offences totalling 2 yrs prison sentence is what they work on.

 

http://www.pomsinoz.com/forum/migration-issues/91906-severe-criminal-record-please-help.html

 

Take a look at that thread and contact a specialist agent, they are the only ones who can give real advice on this.

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Guest Captain Cucumber

Can anyone recommend someone to talk to?

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Can anyone recommend someone to talk to?
i used ian harrops migration agents and they were very helpful , although wife nearly left me when she found out about my mispent youth !

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Reading this thread with interest because friend of ours has been acquitted, he was sentenced and went to prison (not for long i dont think) and then was acquitted. Am i right in thinking this does not count as a criminal record and would not be a problem?? They have not done their medicals or pccs yet (unlike us who were impatient and possibly stupid) so was wondering.?? Does anyone know?? Apparently their agent told them at the beginning it was fine.


General Electrician, Vetassess July 09. 176 SS SA Lodged 10/9/09, Meds and pccs frontloaded April/May 09..... now waiting impatiently:wideeyed: but then case officer 28 Jan 2011, VISA GRANT 4th FEB 2011 yeeee haaaaaaa

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I am confused about the advice given on here, surely if you don't serve time in a prison as in a suspended sentence then you haven't been to prison and therefore you don't have to worry about the 12 months inside rule, many years ago as a student i was given a two week suspended prison sentence, guess what for drug dealing....nope.......mugging someone....nope.....robbery.....nope it was for not paying a parking ticket on time, I have looked into this and am assured I DO NOT have a criminal record from this as it was a civil offence I have check on a full disclosure and it doesn't appear, but my point is even if it did a suspended sentence is time not served in jail is it not.... just my opinion what do you reckon? :radar:

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A parking issue is a traffic offense, not criminal. Hence no criminal record. From the immigration website:

 

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.

 

In legal terms you have been sentenced to x in prison, but suspended pending your good behaviour. The time in prison is not relevant it is the sentence that is counted.

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Guest cazi

Can someone tell me if an old friend of mine who only wants to come on holiday need to declare a short prison term on his in flight border card. I think he served 2 months over 25 years ago and has never been in trouble since, but I would hate him and his wife either to be refused entry after paying all that money to get here, or having to spend hours at border control trying to get in if he does tell them. I know its always best to tell the truth, but I'm not sure his wife even knows about it, although she probably does.

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Can someone tell me if an old friend of mine who only wants to come on holiday need to declare a short prison term on his in flight border card. I think he served 2 months over 25 years ago and has never been in trouble since, but I would hate him and his wife either to be refused entry after paying all that money to get here, or having to spend hours at border control trying to get in if he does tell them. I know its always best to tell the truth, but I'm not sure his wife even knows about it, although she probably does.

 

The official and sensible answer is to declare it. But that said, I take the view that if they have to ask you, if you have a criminal record they don't have an easy way of finding that information out themselves. I travelled twice to Australia and didn't declare my criminal record and I regularly travel to the US on the visa waiver program (despite be ineligble because of my record, no matter how long ago it was) - never have I had an issue.

 

Was a bit scary when I applied for my partner visa and had to admit that I'd previously lied on my landing cards to immigration tho.

 

(this is my just opinion and shouldn't be considered as best practice or advice). :biggrin:

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Guest cazi
The official and sensible answer is to declare it. But that said, I take the view that if they have to ask you, if you have a criminal record they don't have an easy way of finding that information out themselves. I travelled twice to Australia and didn't declare my criminal record and I regularly travel to the US on the visa waiver program (despite be ineligble because of my record, no matter how long ago it was) - never have I had an issue.

 

Was a bit scary when I applied for my partner visa and had to admit that I'd previously lied on my landing cards to immigration tho.

 

(this is my just opinion and shouldn't be considered as best practice or advice). :biggrin:

Thanks Peach, in the end it's his call, I just wanted to warn him that the question would be on the border card, it could be a nasty surprise otherwise. I'm sure he must have flown before and had this issue, although he's never been anywhere like the States to my knowledge. Is it a common question for most countries for visitors does anyone know? It's not something I like to remind him of after all this time, but if he always has to declare this when he goes on holiday then there isn't an issue and I'm worrying for nothing!!

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I would say yes if they are considering that sometime in the future they may want to migrate to Aus,


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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The stated criteria for the character test is that you are ineligible for admission to Australia if you have been sentenced to a term of imprisonment of 12 months or more.

 

My question is, does a suspended jail sentence count?

 

If you were convicted child molesting or drug running or assisting terrorists or plotting to assassinate the Monarch, you will hit a brick wall, otherwise it probably worth your while to consult a registered migration agent for an assessment. If you wait until you receive a Section 501 notice you will have made your case harder to manage.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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My husband has many convictions, failure to surrender to bail and has more than once served over the 12 month jail sentence. We didn't declare the convictions on the arrivals card on our reccie as we believed the time passed was 'spent'.

This hindered our visa application as we then had to add a statutory declaration to say the above adding the act to cover this etc.

However, these convictions were from 20 years ago in his youth.

We were told by agents over the years that we would never get in (no agents from this forum).

We got our visa and are in Australia.

Due to the convictions being recent I would ask 2 recommended agents for advice and make sure they SPECIALISE IN CONVICTIONS as you can probably find out what other agents will say just though frequenting the forums (no disrespect to agents here). Check they are MARA registered so you are not paying extrortionate prices.

Someone mentioned Ian Harrop. George Lombard is another. They have very good reputations on all the forums if they cannot help they will recommend someone who could.

Message me if you need further information and good luck xxxx :hug:


47SV Special Migrant Former Resident Visa Applied 15.9.08 Granted 10.3.09

Arrived 19.9.09 Lovin' it!!

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Guest elevenoff

Back in 2007 I was arrested for I think public intoxication after arguing with a policeman. They booked me and kept for a few hours and let me go. After a few days I took off thinking I would never be back. Now there is the chance that I may be traveling to Australia again but am unsure if they will grant me a visa. Does anyone know my chances of obtaining of a visa givenw hat I went through? For what its worth, I have never been arrested in my life other than that crazy night. Thanks

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Back in 2007 I was arrested for I think public intoxication after arguing with a policeman. They booked me and kept for a few hours and let me go. After a few days I took off thinking I would never be back. Now there is the chance that I may be traveling to Australia again but am unsure if they will grant me a visa. Does anyone know my chances of obtaining of a visa givenw hat I went through? For what its worth, I have never been arrested in my life other than that crazy night. Thanks

 

You going for a holiday or applying for another type of visa? But most importantly were you charged with anything or bailed to return?


05/09/09 Mailed my 309/100 app 17/09/09 CO 05/10/09 Meds 08/10/09 PCC 09/10/09 Xray, 18/12/09 Extra Medical report recieved by CO 14/01/10 Hep B test, 09/02/10 New CO aggh 18/02/10 309, Baby visa needed now for our move in Sept 2011

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Guest elevenoff
You going for a holiday or applying for another type of visa? But most importantly were you charged with anything or bailed to return?

 

If I go it will be for about 1 or 2 weeks and it would be for work so I would request an ETA. I do not know exactly what I was charged with, so Im not sure if they scheduled court or something. I seem to remember it was just a fine but I can't be sure as they did made me spend 3 hours or so in a holding cel. They only took my picture and my details and let me sit in a holding cel and then let me go. Stupidly I left without looking into it. Do you think there is any chance I won't have any problems in obtaining entry or is that out of the question at this point?

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