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Guest westham2007

Please help, visiting in 12 weeks and have a criminal conviction

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Guest westham2007

Please help, we are due to visit in 12 weeks for a 3 week stay specifically to attend a wedding. We booked this in Feb have remortgaged our house to pay for the trip, and despite asking about visa at the time of booking and the fact that I have a criminal conviction I was told you get an ETA visa one month before. Being organised I have started early and realised this is not the case at all, I am now panicking!

 

I was convicted 21 years ago for section 20, unlawful wounding and was sentenced for 15 months of which I served 6 months.

 

It appears that I will have to apply for the Tourist Visa 676, but has anyone got any advice, on whether I am likely to be approved, or how long this may take and what information they will need.

 

I am now 46 and will be travelling with my wife who is now distraught.

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Guest Pixie10

Dont panic check out the link below about time frames for 676-

 

http://www.immi.gov.au/about/charters/client-services-charter/visas/1.0.htm

 

Low risk countries= 1 day!

 

You will be fine I'm sure as the conviction was so long ago and you werent sentenced to a long time- Ive heard of people (possible on this forum!) who got permenent visas with convictions from years ago.

 

Why not apply asap? Put your mind (and wifes!) at rest

 

Good luck

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Guest westham2007

Thanks Pixie, we are so worried now. I had to get a Visa for USA which took months, I know they tend to be more strict but on some migration sites it has said I will automatically be denied if the convicton is over 12 month, but how does that compare to being denied if you got life imprisonment of the death penalty, there is a huge gap between 12 months and these!

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They dont let west ham fans in unless they have a conviction:biggrin:,nah seriously,was gonna reply re your concerns but PIXIES done it,you'l be sound,enjoy yer trip!


"The problem with neo conservative capitalism and it's insatiable greed for more wealth and disparity amongst the populace,is that it ended up being the catalyst for the great depression and modern recession"

 

Me,tonight:wubclub:

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Guest Pixie10

Are you just going on holiday for the wedding? Or planning to emigrate?

 

If holiday only I think you wont have any problem. It was so long ago your conviction seems kinda unimportant to the type of person you are now.

 

I know 176/175 PR visas state you cant apply with conviction of more than 12 months- is this what you have read about on migration sites?

If you applied for this you wouldn't be eligible, but the 676 visa doesnt state anything about convictions (that I read) so you would be eligible and wouldnt have a problem so no need to worry.

 

If you are hoping to emigrate I would get in touch with a migration agent and get a free consultation regarding visa options -GoMatilda are supposed to be very good.

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Are you just going on holiday for the wedding? Or planning to emigrate?

 

If holiday only I think you wont have any problem. It was so long ago your conviction seems kinda unimportant to the type of person you are now.

 

I know 176/175 PR visas state you cant apply with conviction of more than 12 months- is this what you have read about on migration sites?

If you applied for this you wouldn't be eligible, but the 676 visa doesnt state anything about convictions (that I read) so you would be eligible and wouldnt have a problem so no need to worry.

 

If you are hoping to emigrate I would get in touch with a migration agent and get a free consultation regarding visa options -GoMatilda are supposed to be very good.

 

What about the incoming passenger card?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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You need to apply for a 676 Tourist visa and you should do it now to set your mind (and your wife's) at ease. You are asked on the application about criminal convictions and you must answer honestly and should provide details of the offence, the conviction, time served and when it all occurred. If you have been a model citizen since then, say that too. Visa denials for offences of 12 months or more are not automatic and it seems that DIAC officers have a fair amount of discretion on a case by case basis. Nobody can say for sure, but it was 21 years ago and if you've behaved yourself since then, I doubt if you'll be seen as a serious criminal who needs to be kept out of Australia.

 

You could also consider having a good RMA advise you on how best to present your case. An agent can't get you a visa you wouldn't otherwise be able to get, but they can guide you about how best to word things and what to include to maximise your chances. I really think you will manage without help from an agent but it's worth considering.

 

When you arrive, make sure you also answer YES to the Any criminal convictions? question on your Incoming Passenger Card. Failure to do so will cause major problems.

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Guest westham2007

Thanks Oz maniac, it is only a 3 week holiday, we are not migrating. We are going to ring the High Commission on Mon am, and get some advice then we'll do what we need to asap. REally angry at the travel comapny we have booked with, I asked about visa requirements and mentioned we needed to go the long route to get in to the USA, I could of done this months ago had they been on the ball.

 

Will let you know how we get on

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Hey Westham, Was about to suggest you ring the High Commission, but you're already doing it. They're the only ones who'll truly be able to address your concerns and tell you which visa you should apply for - good luck, and i hope you enjoy the wedding :)


Jo (Aussie), Jon (Pom on a 100 visa), Satch (the gorgeous viscous labrador) have now been joined by Siena Rose.

Does anyone have a spare instruction manual for a baby girl?

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