nik_kershaw Posted November 12, 2010 Share Posted November 12, 2010 Hi everyone, I have a friend who has asked me about if he will be able to move over here with a small criminal record. He has Criminal damage and threatening behaviour (he took a clamp that was placed on his car off) whould that stop him from being able to move over? Link to comment Share on other sites More sharing options...
Pumpkin Posted November 12, 2010 Share Posted November 12, 2010 whould that stop him from being able to move over? I shouldn' think it would stop him. Assuming he wasn't jailed for 12 months for it. :wink: Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 12, 2010 Share Posted November 12, 2010 Hi everyone, I have a friend who has asked me about if he will be able to move over here with a small criminal record. He has Criminal damage and threatening behaviour (he took a clamp that was placed on his car off) whould that stop him from being able to move over? I would imagine the Australians would love that story....:notworthy: he will be fine! I would love to work in Immigration just to hear the stories:cute: love Susie NB on a more serious note, I would advise total declaration to DIAC and on Aircraft Arrival cards. x Link to comment Share on other sites More sharing options...
PommyPaul Posted November 13, 2010 Share Posted November 13, 2010 i agree he'll be fine, i had afew similar convictions and they let me in Link to comment Share on other sites More sharing options...
Guest guest36187 Posted November 13, 2010 Share Posted November 13, 2010 Im sure he will be fine but please bear in mind that we are posters and not immigration officials/experts. If at all concerned he should get some advice from an agent. Link to comment Share on other sites More sharing options...
andromeda9 Posted November 13, 2010 Share Posted November 13, 2010 he will have no worries, immigration shows concerns only when a prison sentence is above 12 months, but if any convictions are not disclosed even the smallest of conviction that carried only a slap on the wrist and not acknowledged to immigration and they find out,as they do when they receive your police records, it then means you are not of good character for telling porkies and could be refused a visa always best to be honest Link to comment Share on other sites More sharing options...
Peach Posted November 13, 2010 Share Posted November 13, 2010 Here is the official word from the DIAC website: 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 [/url] 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. Discretionary powers and Ministerial Direction 41 When a visa applicant or visa holder does not pass the character test, decision-makers will decide whether to refuse the application or to cancel a visa. Exercise of this discretion will take into account a wide range of factors, including the protection of the Australian community, whether the person began living in Australia as a minor, the length of time the person has been living lawfully in Australia, Australia's international law obligation. Other factors such as the person’s family ties in Australia, the person's age, their health and level of education will also be taken into consideration. The exercise of the discretion is guided by Ministerial Direction 41 made under section 499 of the Act. See: Ministerial Direction 41 (1.2MB PDF file) Put simply, unless you've spent more than a year in prison or have an extensive criminal record you should be okay. Link to comment Share on other sites More sharing options...
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