lazydaisy Posted May 16, 2011 Author 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 there, sorry just noticed your message, don;t panic, they draw the line at a 12month sentence, this will not affect your application, an agent won't make any difference -just tell your immigration case officer when you send them the police checks (it will probually come back stepped down conviction)....hope its worked out.. Link to comment Share on other sites More sharing options...
Guest siamsusie Posted May 16, 2011 Share Posted May 16, 2011 Hi Lazy, When it boils down to something as serious as an immigration application on health or conviction matters, I would be loath to make any recommendations. Mirgation agents have the expertise to present a more complicated case to DIAC. It might not appear to be serious to you or I, but just the sheer omission of declaration at entry point could prove difficult for the applicants. I know for the sake of a few hundred bucks or so which avenue I would go down should questions be asked. Susie x Link to comment Share on other sites More sharing options...
lazydaisy Posted May 16, 2011 Author Share Posted May 16, 2011 I would never suggest NOT declaring anything, which is why I said tell your migration officer on submission of the police check , which will only state stepped down-not exactly what the offence was. HOnesty is always the best policy. Hi Lazy, When it boils down to something as serious as an immigration application on health or conviction matters, I would be loath to make any recommendations. Mirgation agents have the expertise to present a more complicated case to DIAC. It might not appear to be serious to you or I, but just the sheer omission of declaration at entry point could prove difficult for the applicants. I know for the sake of a few hundred bucks or so which avenue I would go down should questions be asked. Susie x Link to comment Share on other sites More sharing options...
fernandogiorgi Posted September 9, 2011 Share Posted September 9, 2011 HI, Im a little worried about my case. I want to apply to Working Holiday Visa in Australia, but I have a crminial charge in my record. Its was not a conviction, it was a Withheld Adjudication. I would like to know If still have to declare it on past convction on the application form? (even if it was not a conviction) The charge was cannabis possession (2 years ago) less than 20g. I had no imprisoment time, only had to pay a fine and I paid it. The case is Closed! It happens in the US while my visiting. Only one time, never had any other kind trouble. I would like to know if this would implie upon my visa application or if I could get the visa refused because of it. Seriously waiting on some answers. :err: Thanks all posters in advance. Link to comment Share on other sites More sharing options...
thewebweazel Posted September 9, 2011 Share Posted September 9, 2011 Do you need to have Police Clearance for the US / WHV? Link to comment Share on other sites More sharing options...
wrussell Posted September 9, 2011 Share Posted September 9, 2011 Declare it. Link to comment Share on other sites More sharing options...
Guest gchapmanswfc Posted September 10, 2011 Share Posted September 10, 2011 I served a 3 month young offenders prison term for fighting but this was 28 years ago! My agent advised that I should be open and honest about this on our application and she was certain it would not be a problem. I wrote a full explanation of the circumstances and that for the last 28 years my record is totally clean Having just received our police certificates my record is classed as 'No Live Trace' which means there is a criminal record against me but it has been 'stepped down'. The covering letter clearly states that even though it is classed as stepped down it is still part of my criminal history and that it is my responsibility to declare the information. I am so glad that I mentioned this to our agent, as with it being so long ago when I was just out of school I never declare it for anything else. Although we dont have our visa yet, I am assured that my explanation and honesty will mean it will not cause a problem. Good luck! Link to comment Share on other sites More sharing options...
fernandogiorgi Posted September 10, 2011 Share Posted September 10, 2011 I dont know yet, I havent applied yet! Do you have any idea about it? If it would work with these previous charges? Thanks in Advance... Link to comment Share on other sites More sharing options...
thewebweazel Posted September 10, 2011 Share Posted September 10, 2011 Firstly the definition of a withheld adjudication goes something like this: "When you enter a plea to an offense the judge can either rule on the facts of the case and "adjudicate" you as guilty (adult) or delinquent (juvenile), or "withhold adjudication" of guilt or delinquency in the matter. Thus if you have adjudication withheld you are not "convicted" of the crime although you are still found to be guilty of the crime." So it seems like it is similar to a caution in England and I haven't heard of anyone being refused a visa due to a caution, although it is a "Drugs offense"I had a quick look over the WHV 417 and it look like you do not need police clearance, they do ask the following character questions Have you ever:• been convicted of a crime or offence in any country (including any conviction which is now removed from official records)? • been charged with any offence that is currently awaiting legal action? • been acquitted of any criminal offence or other offence on the grounds of mental illness, insanity or unsoundness of mind? • been removed or deported from any country (including Australia)? • left any country to avoid being removed or deported? • been refused a visa for Australia or another country? • been excluded from or asked to leave any country (including Australia)? • committed, or been involved in the commission of war crimes or crimes against humanity or human rights abuses? • been involved in any activities that would represent a risk to Australian national security? • had any outstanding debts to the Australian Government or any public authority in Australia? • been involved in any activity, or been convicted of any offence, relating to the illegal movement of people to any country (including Australia)? • served in a military force or state sponsored/private militia, undergone any military/paramilitary training, or been trained in weapons/explosives use (however described) other than in the course of compulsory national military service? If the matter relates to a criminal conviction, please give the nature of the offence, full details of sentence, dates of any period of imprisonment or other detention and a personal account of the events leading up to and including the offence(s). The people that Immigration is concerned with are as follows: http://www.immi.gov.au/media/fact-sheets/79character.htmProfile of people of concern People of concern are those who may meet the following criteria: the holding of extremist views such as belief in the use of violence as a "legitimate" means of political expression likelihood of the Australian community or part of the Australian community being vilified or defamed having a record of causing law and order problems, eg. when addressing public rallies acting in a way likely to be insensitive in a multicultural society, eg. advocating within particular ethnic groups the adoption of political, social or religious values well outside those acceptable to Australian society being active in political movements directed towards the non-peaceful overthrow of their own or other governments having planned, participated in, or been active in promoting politically-motivated violence or criminal violence and/or being likely to propagate or encourage such action in Australia being liable to provoke an incident in Australia because of the conjunction of their activities and proposed timing of their visit, and the activities and timing of a visit by another person who may hold opposing views being a war criminal, or a person suspected or accused of war crimes or any association with a person or group involved in war crimes being known to be, or suspected of being, involved in organised crime posing some threat or harm to the Australian community or part of it likelihood of the person’s presence in Australia being contrary to Australia's foreign policy interests claiming to represent a foreign State or government which is not recognised by Australia any other credible material which may be relevant to Public Interest Criteria 4001 or 4003 of the Regulations. and http://www.immi.gov.au/media/fact-sheets/79character.htmFact Sheet 79 - The Character Requirement All non-citizens, including sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia, must be assessed against the character requirement. Visa applicants, some non-citizen sponsors, and non-migrating family members must therefore meet the character requirements defined in Section 501 of the Migration Act 1958. These requirements are usually linked to the class of visa being applied for through Public Interest Criteria (PIC) 4001. Section 501 of the Act contains a character test to ensure that visa applicants, visa holders, relevant non-citizen sponsors, and non-applicant family members are of acceptable character. The test puts the onus on the person to show that they are of good character. As well as being a tool to help assess the suitability of people to enter and stay in Australia, and/or sponsor a non-citizen to come to Australia, the test introduces discretionary powers to either refuse or cancel visas if the person does not pass the character test. The character test A person will not pass the character test where: they have a substantial criminal record they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention 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 recordsA person is deemed tohave 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. Exclusion from AustraliaA 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. Other possible refusalsA visa will be refused where the person is assessed by the competent Australian authorities to be directly or indirectly a risk to Australian national security. Similarly, a visa will be refused where a person is determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia: is, or would be, contrary to Australia's foreign policy interests, or is, or would be, contrary to Australia's Autonomous Sanctions Regulations, or may be directly or indirectly associated with the proliferation of weapons of mass destruction. If you do not declare they will not know about it, I would not then declare it on the immigration card on the plane and then you have to remember that any subsequent entries into Australia not to declare it either otherwise they might compare cards and find out that you "LIED" and kick you out. Now if you go to Australia and decide that you want to Emigrate permanently you will have to do a police clearance check for any country that you have lived in more then 6 months in the last 10 years, if you have to do a Police check for the USA it is going to show and you might have to explain why you did not declare it in previous trips to Australia, I cannot see that it would not have a detrimental effect to your Visa app. If I were you I would declare it just to be safe, as you never know what will happen in the future eg Computerised International Police checks etc. IMHO I don't think that the DIAC would not issue you a visa if you do declare your misconduct Link to comment Share on other sites More sharing options...
cki2011 Posted September 10, 2011 Share Posted September 10, 2011 Edited Link to comment Share on other sites More sharing options...
fernandogiorgi Posted September 10, 2011 Share Posted September 10, 2011 Firstly the definition of a withheld adjudication goes something like this: So it seems like it is similar to a caution in England and I haven't heard of anyone being refused a visa due to a caution, although it is a "Drugs offense" I had a quick look over the WHV 417 and it look like you do not need police clearance, they do ask the following character questions The people that Immigration is concerned with are as follows: and If you do not declare they will not know about it, I would not then declare it on the immigration card on the plane and then you have to remember that any subsequent entries into Australia not to declare it either otherwise they might compare cards and find out that you "LIED" and kick you out. Now if you go to Australia and decide that you want to Emigrate permanently you will have to do a police clearance check for any country that you have lived in more then 6 months in the last 10 years, if you have to do a Police check for the USA it is going to show and you might have to explain why you did not declare it in previous trips to Australia, I cannot see that it would not have a detrimental effect to your Visa app. If I were you I would declare it just to be safe, as you never know what will happen in the future eg Computerised International Police checks etc. IMHO I don't think that the DIAC would not issue you a visa if you do declare your misconduct THANKS FOR THE RESPONSE.. YEAH I WANNA DECLARE IT...WE NEVER KNOW TOMORROW.. My only question is about the time...It happend only almost 2 year... do you think its gonna implie upon my application? Thanks! Link to comment Share on other sites More sharing options...
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