lazydaisy Posted March 14, 2011 Share Posted March 14, 2011 Hi all things were going so well, we've recently been asked for our medicals and police checks. After having the police checks returned we just found out my OH has a stepped down conviction from 1995. Apparently for 'allowing cannibis to be supplied on his premises' .He had a party in his flat at the time (1995) and the police came and caught one of the party goers smoking a spliff and arrested my OH as it was his flat and took him to court and fined him £125. At the time he thought he was being fined for 'allowing cannabis to be smoked in his flat' and thinks he remembers pleading 'not guilty'. But it was so long ago, and so petty as he wasn't even smoking cannabis himself let along supplying or awware of anyone suppling..plus has a completely clean record apart from that..does anyone know if this could screw things up for us? Has anyone got a similar conviction and been granted a visa. ?? we're applied for 176 state sponsored and worked so hard to get this far, we're devastated. any comments appreciated. Link to comment Share on other sites More sharing options...
Peach Posted March 14, 2011 Share Posted March 14, 2011 Hi, a twelve month prison sentence is where immigration draw a line in the sand. Anything less than that won't cause an issue, providing you're open and honest about it. Link to comment Share on other sites More sharing options...
lazydaisy Posted March 14, 2011 Author Share Posted March 14, 2011 Peach, thank you so much that's really put my mind at rest, so you would defo advise telling our CO what the conviction was too when we email them the police cert ? i guess transparency is the best policy Link to comment Share on other sites More sharing options...
Peach Posted March 14, 2011 Share Posted March 14, 2011 Yes definitely tell your CO. In my case, my agent advised that I did a stat dec describing my criminal record - how sorry I am and how reformed I am now etc - and to submit three character references from people that know me. (I now have a PR visa). Full gumpf about the character requirement is here: Fact Sheet 79 - The Character Requirement Link to comment Share on other sites More sharing options...
Guest ScottishGirl1980 Posted March 14, 2011 Share Posted March 14, 2011 You will definitely need to advise the Case Officer of this information. Complete and send a Form 1022 (notification of incorrect answers) which you can get from the australian immigration website and send this to them along with the police check. Link to comment Share on other sites More sharing options...
wrussell Posted March 15, 2011 Share Posted March 15, 2011 Hi, a twelve month prison sentence is where immigration draw a line in the sand. Anything less than that won't cause an issue, providing you're open and honest about it. Don't bet on it. Link to comment Share on other sites More sharing options...
lazydaisy Posted March 15, 2011 Author Share Posted March 15, 2011 can you expand on that wrussell?! Link to comment Share on other sites More sharing options...
gilliantay Posted March 15, 2011 Share Posted March 15, 2011 Agree with Peach on this one - my OH returned multiple pages of convictions - Stat Dec was duly written with an explanation that all the convictions were when he was 'young' and 'stupid' and had happened 20 years previous to applying for visa - with no convictions since that time. We gained our visa (PR) Link to comment Share on other sites More sharing options...
Alan Collett Posted March 15, 2011 Share Posted March 15, 2011 Well the first issue to address is why this conviction wasn't notified on the visa application. DIAC could see this as an attempt to conceal a past misdemeanour: how can an applicant forget they have a criminal offence? Why not disclosed? Is the failure to disclose indicative of bad character? Consider taking professional advice. Link to comment Share on other sites More sharing options...
lazydaisy Posted March 15, 2011 Author Share Posted March 15, 2011 As it was fine only 17 years ago, no sentence or community service, so he didn't realize it was a 'conviction' and as it was over 15 years ago he thought it would have been removed from his police record by now....hopefully immigration will understand that....also he was just with the wrong crowd at the wrong time...and has no other 'convictions'...think its probually too late for professional advise, thanks anyway Link to comment Share on other sites More sharing options...
Guest Posted March 15, 2011 Share Posted March 15, 2011 Hi Lazydaisy Don't panic...UK criminal records are never removed, they remain on record until you are 100 years old!...A police record is 'ALL" contact with the police, It won't all be displayed in your ACRO report, but if your OH tells DIAC that he had no further involvement with the other guys involved...They will know about it if he was ever stopped and questioned, not charged just questioned and details taken whilst in the company of anyone else involved with his charge...be careful what you tell them..just be honest. Link to comment Share on other sites More sharing options...
Guest VickyMel Posted March 15, 2011 Share Posted March 15, 2011 I seem to remember ages back that someone admitted the criminal conviction on their application - but when DIAC looked into their history they had once visited Australia and had not mentioned the conviction on the entry slip at the time. All I remember was that they came on here as DIAC were giving them a very hard time about the fact that they had lied to DIAC previously. Can't remember the outcome it was a long time back - it was not the conviction (I think it was something very minor) that was the problem (there have been some people with serious convictions get Visas) but the fact that they had not been honest. Link to comment Share on other sites More sharing options...
Guest Posted March 15, 2011 Share Posted March 15, 2011 I haven't heard of, but know several folk who visited Australia with us and completely either forgot about 30 year old crimes, or thought they had beed removed...I think you'd have a problem if you were charged with an activity you may continue on Australian soil..not just drugs but Assault (looks left then right!..private joke!) or stalking..something that could re-emerge on Australian soil. And cause problems with Australian citizens. A one-off silly thing sixteen years ago..might raise an eyebrow, and cautionary tut-tut..but I wouldn't think it would ban your entry. Tourist PR WHV or otherwise. The only way anyone will ever know if their application could be successful is to apply themselves and find out!! simple put pen to paper apply then work through the problems. He's no thug and a lovely guy, but my partner has a charge sheet long enough to decorate the average family home...he was fine..He had a lot of explaining to do, and we have a good agent........I don't even think he's turned over a new leaf yet:err: Link to comment Share on other sites More sharing options...
Nats Posted March 16, 2011 Share Posted March 16, 2011 Just the information Im looking for but now im really worried. My hubby has 14 year old cautions/convictions. 2 for posession of a classified drug, and 1 motoring offence. 2 different occasions, same year (1997) - Idiot. he recieved 2 x £75.00 fines and a £30.00 motoring fine - not sure what thats for but the classified drug in question was marijuana. Im really concerned as when we came out on the 457 I never knew about it so when asked if either of us has criminal convictions I said no. I didnt have to provide police checks with my 457 either. When packing up to come here I found a disclosure document my husband had detailing the convictions and I went ballistic ... until he pointed out the date of offences. Now that Im applying for PR ... I had to get our police checks from home, and when asked about prev convictions on the form I put everything down, just as it came across in the disclosure scotland record. So now his police check has came back with all the offences on. My husband checked the website (UK) which states that unless convicted/sentenced to prison ... offences such as his are spent after 5 years. WTF print it then?? I dont think they would have picked up on them if it wasnt for me highlighting them, im so annoyed now that I provided all the info. And a traffic offence?? Its ridiculous. So how is PR looking for us? I dont know what I'll do if we have to go home now. What is this declaration thing mentioned? Is it another form? Apparently with one of my husbands convictions it was his friend in the car who was in posession of canabis. The other time he was infact smoking canabis, he would have been 21 at the time. I could always divorce him I suppose - then he can go home alone!! lol Any advice would be trully appreciated. Sorry for such a long post ... I write as I speak, and I do love to talk. Nats Link to comment Share on other sites More sharing options...
Alan Collett Posted March 16, 2011 Share Posted March 16, 2011 Hello Nats. Please - speak to an agent. Not disclosing criminal convictions is almost worse than having them on your record. Maybe Steve O'Neil or Tony Coates, as you are in WA? Contact Us Good luck! Link to comment Share on other sites More sharing options...
Nats Posted March 16, 2011 Share Posted March 16, 2011 Excellent. Now Im really worried. I'll have my hubby contact a Migration officer when he gets home, I have to get ready now for work. Thanks Alan Link to comment Share on other sites More sharing options...
Guest zzr14001962 Posted March 16, 2011 Share Posted March 16, 2011 Hi Lazy daisy,sorry to hear about your situation,just wondered what a 176,visa is,and how do you get one,im hopeing to emigrate here.Thanks.Nick. Link to comment Share on other sites More sharing options...
Joebloggs Posted March 16, 2011 Share Posted March 16, 2011 Yeah I had 5 penalty points for speeding from 1997 show up on mine, I remember paying the fine but didn't go to court or anything. Funny how they can put something so stupid on your certificate. Link to comment Share on other sites More sharing options...
_shel Posted March 16, 2011 Share Posted March 16, 2011 Just the information Im looking for but now im really worried. My hubby has 14 year old cautions/convictions. 2 for posession of a classified drug, and 1 motoring offence. 2 different occasions, same year (1997) - Idiot. he recieved 2 x £75.00 fines and a £30.00 motoring fine - not sure what thats for but the classified drug in question was marijuana. Im really concerned as when we came out on the 457 I never knew about it so when asked if either of us has criminal convictions I said no. I didnt have to provide police checks with my 457 either. When packing up to come here I found a disclosure document my husband had detailing the convictions and I went ballistic ... until he pointed out the date of offences. Now that Im applying for PR ... I had to get our police checks from home, and when asked about prev convictions on the form I put everything down, just as it came across in the disclosure scotland record. So now his police check has came back with all the offences on. My husband checked the website (UK) which states that unless convicted/sentenced to prison ... offences such as his are spent after 5 years. WTF print it then?? I dont think they would have picked up on them if it wasnt for me highlighting them, im so annoyed now that I provided all the info. And a traffic offence?? Its ridiculous. So how is PR looking for us? I dont know what I'll do if we have to go home now. What is this declaration thing mentioned? Is it another form? Apparently with one of my husbands convictions it was his friend in the car who was in posession of canabis. The other time he was infact smoking canabis, he would have been 21 at the time. I could always divorce him I suppose - then he can go home alone!! lol Any advice would be trully appreciated. Sorry for such a long post ... I write as I speak, and I do love to talk. Nats Convictions are only spent under UK law when applying for jobs etc which do not require an enhanced disclosure such as working with children. A police check for Australia shows all uk police records and they do not follow our rehabilitation of offenders act. Link to comment Share on other sites More sharing options...
lazydaisy Posted March 16, 2011 Author Share Posted March 16, 2011 i though anyone following this thread would be interested to know I have just found out the this 'conviction' I stated will NOT effect our application...very relived as you can imagine ...we re-iterated exactly what was stated by ACRO on his record along with emailing the police cert to our CO. We have not been asked to fill in any stat declaration form or anything. I am guessing this outcome is based on it being only one single conviction a very long time ago, and no sentence other than a small fine. PHEW!! Link to comment Share on other sites More sharing options...
Guest Posted March 16, 2011 Share Posted March 16, 2011 YAAAAAYYY :arghh: Great news :wink: I told you not to worry...brilliant:hug: Link to comment Share on other sites More sharing options...
Guest disneydebbie Posted May 16, 2011 Share Posted May 16, 2011 Hi there lazydaisy, Just wondering if you'd got any further with this? I am in the same boat, mu o/h and I are now in the final stages of our PR visa application (previously been on working holiday visa and currently on 457). Up until now we haven't had to submit a UK police check however, we just received his back (in preparation for our application) and he has a previous conviction for possession of cannabis (personal use only) about 5 years ago. The outcome was only an 80 pond fine and we never even thought it would come up on his criminal record. Any advice? I too am worried after being settled here for over 3 years this will see us be packed off back to the UK :-( Thanks Link to comment Share on other sites More sharing options...
Guest siamsusie Posted May 16, 2011 Share Posted May 16, 2011 Hi there, My advice would be always to seek the advice of a Mara Migration Agent. You would have signed a declaration on your entry card into Australia that there were no criminal convictions, therefore a MA would be the avenue I would go down for good professional advice. I see you are based at Goodawindi, one of our Moderators Srp lives there, it certainly looks a lovely place. Best wishes and good luck. Susie x Link to comment Share on other sites More sharing options...
Guest PocketMamma Posted May 16, 2011 Share Posted May 16, 2011 i though anyone following this thread would be interested to know I have just found out the this 'conviction' I stated will NOT effect our application...very relived as you can imagine ...we re-iterated exactly what was stated by ACRO on his record along with emailing the police cert to our CO. We have not been asked to fill in any stat declaration form or anything. I am guessing this outcome is based on it being only one single conviction a very long time ago, and no sentence other than a small fine. PHEW!! Fantastic - congratulations!! The 'conviction' sounded very harsh to me - what a waste of police and court time (in my opinion). Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted May 16, 2011 Share Posted May 16, 2011 Hi there lazydaisy, Just wondering if you'd got any further with this? I am in the same boat, mu o/h and I are now in the final stages of our PR visa application (previously been on working holiday visa and currently on 457). Up until now we haven't had to submit a UK police check however, we just received his back (in preparation for our application) and he has a previous conviction for possession of cannabis (personal use only) about 5 years ago. The outcome was only an 80 pond fine and we never even thought it would come up on his criminal record. Any advice? I too am worried after being settled here for over 3 years this will see us be packed off back to the UK :-( Thanks HI As Susie suggested I would recommend contacting a good agent. You need to explain that he thought it was a "spent conviction". You will also need to explain why when he arrived he did not declare it on the arrival form. ( I presume he never thought about it). A professional agent will know how to phrase the application for the best outcome. PS.... Its a nice town here in Gundy :biggrin: Link to comment Share on other sites More sharing options...
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