moyamola Posted November 29, 2011 Share Posted November 29, 2011 Hello all. I am new here and this is my first post. I have been doing some research on my case and found it hard to get any positive answers. I am hoping to receive honest and sincere answers so I can be aware of what problems I may face. I'd appreciate your answers and comments. I am just going to give you an outline of the problems I am facing. I. substantial criminal record A. total of 8 arrests - 6 were possession of paraphernalia - 2 felony convictions B. served 1 year on a 4 year sentence II. Deported for the charges above These arrested were all drug related. No violent crimes or of that nature. I was an addict for a long time and just couldn't get off it. But now it's been 10 years since I have used any kind of drugs. And my last arrest was in 2002 on a violation of probation and got sentenced to state prison. After serving my time I was deported from the US on Nov. of 2003. I lived there for nearly 25 years, since I was a baby. Immigration didn't consider me as an american citizen because I was not born there and I didn't apply for citizenship. What I am hoping for is that DIAC considers the transition I have made in my life. 8 years ago I didn't have anything but a small luggage and the clothes on my back in a foreign land (S. Korea), and didn't even know how to speak the language. Now I have learned the language, got a descent job, own a 3 bedroom house, a car and a family with 2 kids. My criminal record will become an issue for me but I hope that they can consider the changes I have made. What do you think my chances are? Anyone with a similar case? result? Thanks Quote Link to comment Share on other sites More sharing options...
sunshine please Posted November 29, 2011 Share Posted November 29, 2011 I dont legally know where u stand but i wish you the best of luck :-)) Quote Link to comment Share on other sites More sharing options...
moyamola Posted November 29, 2011 Author Share Posted November 29, 2011 I dont legally know where u stand but i wish you the best of luck :-)) thank you Sunshine Quote Link to comment Share on other sites More sharing options...
TheVet Posted November 29, 2011 Share Posted November 29, 2011 To be brutally honest I think your chances of getting permanent residency in Australia with a criminal record like that are nil. Quote Link to comment Share on other sites More sharing options...
moyamola Posted November 29, 2011 Author Share Posted November 29, 2011 To be brutally honest I think your chances of getting permanent residency in Australia with a criminal record like that are nil. thank you for your honesty Quote Link to comment Share on other sites More sharing options...
Waitingawhile Posted November 29, 2011 Share Posted November 29, 2011 you have done so well-congratulations on turning things round-i would advise you seek professional advice- simply because this requires expertise and do not base your decisions on the presumptions of friendly well meaning people- i do know that they have to assess you as some one with a bad character and that the bad character is also ongoing so you could possibly have an argument -the other complication you may face is the country which you are hoping to apply from, which may be classed a high risk country which could delay the visa unbearably due to stringent checks there are plenty of posts about this- try getting in touch with either George Lombard, Go matilda or Westley Russell a-ll post on here and are highly reputable! Quote Link to comment Share on other sites More sharing options...
moyamola Posted November 29, 2011 Author Share Posted November 29, 2011 you have done so well-congratulations on turning things round-i would advise you seek professional advice- simply because this requires expertise and do not base your decisions on the presumptions of friendly well meaning people- i do know that they have to assess you as some one with a bad character and that the bad character is also ongoing so you could possibly have an argument -the other complication you may face is the country which you are hoping to apply from, which may be classed a high risk country which could delay the visa unbearably due to stringent checks there are plenty of posts about this- try getting in touch with either George Lombard, Go matilda or Westley Russell a-ll post on here and are highly reputable! Thank you for your input. I am working with an immigration lawyer and he told me that I have a fighting chance. I just want to hear others' stories that are similar. My wife and I went to Gold Coast for our honeymoon in 2008. We loved it so much, we want to live there and raise our kids down there. Congratulations on your visa. Quote Link to comment Share on other sites More sharing options...
Guest Andy Posted November 29, 2011 Share Posted November 29, 2011 Thank you for your input. I am working with an immigration lawyer and he told me that I have a fighting chance. I just want to hear others' stories that are similar. My wife and I went to Gold Coast for our honeymoon in 2008. We loved it so much, we want to live there and raise our kids down there. Congratulations on your visa. Dont blame you for wanting to live on the gold coast, it's the mutts nuts :yes: Quote Link to comment Share on other sites More sharing options...
Johndoe Posted November 29, 2011 Share Posted November 29, 2011 Can't answer your question mate but i'm sure that many will agree with me that when it comes to being deserving, the way you have turned yourself around means that you would be Australia's loss if you couldn't get here............Be proud of yourself and good luck. Quote Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted November 29, 2011 Share Posted November 29, 2011 I have seen stories on here were members with worse criminal records have been successful, People go on about the 12 month prison limit it is not set in stone, others with bad records have obtained visas. I think you will need to do two things.... Contact an agent who has handled these cases before and seek professional advice. They know how to word the applications for the best possible outcome. You will also have to prove you are a changed person and now you are older (and wiser). Try to find people who could give you a character reference to help. DO NOT GIVE UP............ Seek professional advice and let them work out a plan of action. you have a big hurdle to jump, but I know others have managed it. the key to success is getting the correct help. Quote Link to comment Share on other sites More sharing options...
moyamola Posted November 30, 2011 Author Share Posted November 30, 2011 Just want to say thank you to everyone who shared on my post. Very thoughtful and heart warming and encouraging. you guys are great and best of luck in all your endeavors Quote Link to comment Share on other sites More sharing options...
cki2011 Posted February 17, 2012 Share Posted February 17, 2012 Hello Just been reading your post just wondered have you applied for the visa and how did you get on? Thanks Quote Link to comment Share on other sites More sharing options...
StevieF8 Posted February 17, 2012 Share Posted February 17, 2012 You went to Oz in 2008? What did you tick on the landing card to 'Criminal Convictions' What did Immigration say?....they obviously let you in then Quote Link to comment Share on other sites More sharing options...
moyamola Posted February 17, 2012 Author Share Posted February 17, 2012 Hello Just been reading your post just wondered have you applied for the visa and how did you get on? Thanks I just lodge my application on Monday,Feb. 13th, and they called me that afternoon to go take my medical within 3 days. I got that done Tuesday and now I'm just waiting. Quote Link to comment Share on other sites More sharing options...
moyamola Posted February 17, 2012 Author Share Posted February 17, 2012 You went to Oz in 2008? What did you tick on the landing card to 'Criminal Convictions' What did Immigration say?....they obviously let you in then I went through a travel agency and they did everything for me. They never asked me about past history or anything. Quote Link to comment Share on other sites More sharing options...
dxboz Posted February 17, 2012 Share Posted February 17, 2012 Good on you for turning your life around! Are you aware that some convictions are considered 'spent' after a certain time period and do not have to be disclosed although there are some exceptions to this - I am not fully aware of them or how it relates to visas etc. Anyway here is a link to give you something to start with - good luck! http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html Quote Link to comment Share on other sites More sharing options...
moyamola Posted February 17, 2012 Author Share Posted February 17, 2012 Good on you for turning your life around! Are you aware that some convictions are considered 'spent' after a certain time period and do not have to be disclosed although there are some exceptions to this - I am not fully aware of them or how it relates to visas etc. Anyway here is a link to give you something to start with - good luck! http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html I think that's the UK immigration law. The rules and regulation on australian immigration law is written differently.. from what I've read. In australia, they want records of all convictions, even the ones that were acquitted. Quote Link to comment Share on other sites More sharing options...
Guest suesk Posted February 17, 2012 Share Posted February 17, 2012 Just to put you straight when u apply for police record (uk) and have convictions against you they are never spent. Dont know about other countries. Also you said an estate agent dealt with your holiday visa but when your on the flight they come around with a card which asks about criminal convictions did you tell them on the card yes by ticking the box? You have turned your life around and should be very proud of yourself, good luck with your application Quote Link to comment Share on other sites More sharing options...
keily Posted February 17, 2012 Share Posted February 17, 2012 when we came on hols years ago o/h did the same ...and didnt declare anything on the landing card ......big mistake !!! ....when we finally came to stay ...because we had to declare it on visa forms ...there was no hiding anything ....so needless to say o/h got pulled aside and asked why he didnt declare it first time around .....obviously he pleaded stoopid ...lol ....but he had no major convictions and no time spend in prison ....he now has to declare it everytime he enters the country ....dont know how the student visa works ....but certainly to gain pr ....which i presume u want to do eventually .....then u may face some problems .....if u are honest at the very beginning then they may look favourably on ur case ....good luck with it all ..... mrs keily Quote Link to comment Share on other sites More sharing options...
moyamola Posted February 17, 2012 Author Share Posted February 17, 2012 Just to put you straight when u apply for police record (uk) and have convictions against you they are never spent. Dont know about other countries. Also you said an estate agent dealt with your holiday visa but when your on the flight they come around with a card which asks about criminal convictions did you tell them on the card yes by ticking the box? You have turned your life around and should be very proud of yourself, good luck with your application you are right. I forgot about that and I did tick no on that question, because my wife and I went there on our honeymoon. throughout the whole process I was never confronted with that question until that card came around on our flight. I wanted to be honest, however I thought it would ruin our honeymoon. Now I am worried :shocked: Quote Link to comment Share on other sites More sharing options...
Tea4two Posted February 17, 2012 Share Posted February 17, 2012 Firstly, hello and good luck on turning your life around Secondly, criminal records are looked at - event the ones that are not considered 'live' - they will request to know the nature of them before they make a decision. Can I ask...what do you think your chances are of securing work on the Gold Coast? You must consider this before taking your family over there. It might be hard to get past the application stage with a criminal history (although not sure you have to disclose international criminal history on job applications). It sounds to me like you have built up a good life in Korea, I would be careful before risking that. On the other hand, good luck with you application and I hope you find what you are looking for Quote Link to comment Share on other sites More sharing options...
StevieF8 Posted February 17, 2012 Share Posted February 17, 2012 I went through a travel agency and they did everything for me. They never asked me about past history or anything. I don't mean when you booked the holiday, I mean, when your on the plane you get given a card to fill in Name, passport number, are you carrying any food, do you have any criminal conviction.... You hand that card in at Immigration, now, if you ticked 'No' to criminal conviction then and you get your Police check back, which you need for the PR visa, it might be a problem Also, even if you dont need a police check for the Student visa, you will still need to fill the card out on the plane, ticking yes this time, assuming you ticked no last time, could also give you a problem Good Luck with it Quote Link to comment Share on other sites More sharing options...
Waitingawhile Posted February 17, 2012 Share Posted February 17, 2012 You can get advice from an agent on this matter- they give you a free 15 mins usually and if they are one of the ones recomended on here then they are extremely helpful and will advise you if the matter is easily resolved but do not expect them to give specific expert advice away freely. You can let them know now and then there are no surprises. others have had similar problems and a search should find the posts to see how they dealt with it. As you ticked no on the landing card given on the plane this may be questioned now by DIAC or when you attempt to land with your visa as they will have the information and you will need to be honest about why - they are not unfeeling monsters- I think when your visa was arranged this should have been a question asked by the agent - i really feel for people who don't realize they can apply for these sorts of visa them selves however it just underlines that it is worth doing your own research = these travel visas are free and all the advice about what to do is on the web site yet people get charged and sometimes are given wrong or no advice and the proper process is not followed. Explain how you got your visa and with whom and show evidence if possible- explain that you didn't know what to do when you got the card you panicked and made a mistake and it was because you were worried and you didn't want any difficulties on your honeymoon however now you know the implications are deeply sorry and they really appreciate it if you are up front with them! Quote Link to comment Share on other sites More sharing options...
fairystar32 Posted February 17, 2012 Share Posted February 17, 2012 I have no advice, just wanted too wish you all the best.xx Quote Link to comment Share on other sites More sharing options...
moyamola Posted June 1, 2012 Author Share Posted June 1, 2012 Hello all. I am new here and this is my first post. I have been doing some research on my case and found it hard to get any positive answers. I am hoping to receive honest and sincere answers so I can be aware of what problems I may face. I'd appreciate your answers and comments. I am just going to give you an outline of the problems I am facing. I. substantial criminal record A. total of 8 arrests - 6 were possession of paraphernalia - 2 felony convictions B. served 1 year on a 4 year sentence II. Deported for the charges above These arrested were all drug related. No violent crimes or of that nature. I was an addict for a long time and just couldn't get off it. But now it's been 10 years since I have used any kind of drugs. And my last arrest was in 2002 on a violation of probation and got sentenced to state prison. After serving my time I was deported from the US on Nov. of 2003. I lived there for nearly 25 years, since I was a baby. Immigration didn't consider me as an american citizen because I was not born there and I didn't apply for citizenship. What I am hoping for is that DIAC considers the transition I have made in my life. 8 years ago I didn't have anything but a small luggage and the clothes on my back in a foreign land (S. Korea), and didn't even know how to speak the language. Now I have learned the language, got a descent job, own a 3 bedroom house, a car and a family with 2 kids. My criminal record will become an issue for me but I hope that they can consider the changes I have made. What do you think my chances are? Anyone with a similar case? result? Thanks I want to post the outcome of my case. 13-Feb-2012 I lodged my application. that day they called me to get a medical which I did the next day. I was cleared. 16-March My case was sent to DIAC 23-March DIAC wrote a letter to my lawyer asking for a submission. However, I had a terrible lawyer who did not notified me of this matter until 08-May. I rather not exploit him on here but if anyone is curious of what law firm it is, I can tell you privately. 17-May I wrote my submission to DIAC, without the help of my lawyer. 01-June I called DIAC and talked to the person responsible for my case. She told me that I have a positive result and that I should get my visa in about a week. I have learned some things about how the system works and why I passed the character test. What benefited me was that my crimes where committed over 10 years ago and I have proven myself that I am reformed and no longer have criminal tendencies. I have read some posts with concerns of character issues, crimes committed long time ago. My suggestion is that if it's over ten years ago and is not a serious crime where you have been incarcerated for a certain period of time, then you have a good chance of passing the character test. Most important thing is to be honest and clearly state the circumstances of your crimes. I have written a forty-five hundred word letter explaining the details of my crimes. If I can do it, without much help from a lawyer, then anyone with determination can do it too. And I wish those who do the best of luck. Quote Link to comment Share on other sites More sharing options...
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