Guest Sheeba

Spent Criminal Convictions

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    Guest Sheeba

    My husband and I are considering moving to Oz for a couple of years through my husbands work. However, he has a spent criminal conviction from when he was a student. It was spent under UK law in 1999, and is hence no longer on his record. Does anyone know if he will have to declare this in his visa application? If so, does anyone have any experience or idea of how this kind of thing is viewed by the immigration authorities.

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    Guest tony2731

    Hi Ya

    Yes he will have to declare spent convictions and as I was it is best to be honest because they show up on the search. I had 2 convictions of theft and I now have my visa. Honesty pays with the immigration board

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    Guest Cal

    Agree with Tony2731, if it shows up and you didn't declare it DIMIA won't be best pleased. Can't see it being a problem anyway, have heard of people being granted visas with a lot worse.

    Good Luck

    Cal

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    My husband and I are considering moving to Oz for a couple of years through my husbands work. However, he has a spent criminal conviction from when he was a student. It was spent under UK law in 1999, and is hence no longer on his record. Does anyone know if he will have to declare this in his visa application? If so, does anyone have any experience or idea of how this kind of thing is viewed by the immigration authorities.

     

    Declare it. It comes up on the police certificate you get from ACRO anyway. As long as he wasn't sentenced to 12 months or more it will be fine. Get your hubby to include an extra statement outlining the crime, circumstances, how he's reformed ect and it will be fine.

     

    If he recieved the 12 month plus sentence he fails the character requirements and you will need the help of an agent.

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    If he recieved the 12 month plus sentence he fails the character requirements and you will need the help of an agent.

    Not true. It is not an automatic fail, it means discretion can be applied. A full disclosure about what happened, admission of guilt, expression of remorse and character statements about current good conduct will be required. The further the conviction was in the past, the less of a problem it will be. You don't need an agent, but of course you might prefer to use one.


    Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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    Not true. It is not an automatic fail, it means discretion can be applied. A full disclosure about what happened, admission of guilt, expression of remorse and character statements about current good conduct will be required. The further the conviction was in the past, the less of a problem it will be. You don't need an agent, but of course you might prefer to use one.

     

    I know I'm arguing about words, but it is a fail of the character test. Discretion is then applied to whether having failed the character test, there sufficient reason to still grant a visa.

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    I know I'm arguing about words, but it is a fail of the character test. Discretion is then applied to whether having failed the character test, there sufficient reason to still grant a visa.

    You are correct.


    Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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    Declare it. It comes up on the police certificate you get from ACRO anyway. As long as he wasn't sentenced to 12 months or more it will be fine. Get your hubby to include an extra statement outlining the crime, circumstances, how he's reformed ect and it will be fine.

     

    If he recieved the 12 month plus sentence he fails the character requirements and you will need the help of an agent.

     

    The OP posted this question in 2005 - since it is now 2013.

     

    Time to Close this thread.

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