Criminal record check for defacto visa (309)

nickc1 · #1 (**permalink**) 16th April 2012, 11:05 AM

Hi guys,

I have been reading the forum for quite some time now and got some really useful tips. One thing I can't find is a bit more information on criminal record checks and what is acceptable for the defacto visa, so hopefully someone who has knowledge in this area or has been through the process can shed some light on it for me

My situation:

I met my Australian girlfriend while travelling around Oz a couple of years ago and she now lives over here in the UK with me (since December 2011). she is on the lease and we have a joint bank account and all that as well as holidays etc. booked together so we have plenty of evidence. We plan on applying for the 309 defacto visa at the end of 2012 once we have a year living together.

My Question:

I have a criminal record from about 8 years ago now, no jail time or anything like that but a record none the less. It was a one off incident and I haven't been in trouble with the law since. What I need to know is what way will the Visa folk in Australia view this and what difficulties this may cause ? From speaking to several visa companies they have said this shouldn't cause any trouble and I may just be required to write a letter explaining what happened etc.

Would appreciate any insight into this from anyone!

Thanks.

nickc1 · #2 (**permalink**) 17th April 2012, 08:41 AM

bump

_shel · #3 (**permalink**) 17th April 2012, 03:56 PM

Don't worry about it. Write a letter and enclose it with your application. Explain each offence and sentence. Explain how your life is different now and the reasons why you did that then and wouldn't now. Ie you were young, led etc Now are adult, working, realise it was stupid etc.

If you can get a character reference, I got one from my boss. Doent need to mention offences ie just tell them its a general character reference for the visa not specifically about your criminal past if they don't know.

I have a few convictions from under age 17 and got my visa doing the above.

nickc1 · #4 (**permalink**) 17th April 2012, 04:24 PM

Quote:

Originally Posted by _shel

Don't worry about it. Write a letter and enclose it with your application. Explain each offence and sentence. Explain how your life is different now and the reasons why you did that then and wouldn't now. Ie you were young, led etc Now are adult, working, realise it was stupid etc.

If you can get a character reference, I got one from my boss. Doent need to mention offences ie just tell them its a general character reference for the visa not specifically about your criminal past if they don't know.

I have a few convictions from under age 17 and got my visa doing the above.

Thanks for getting back to me Shel!

The offence happened when I was 17 but I was sentenced at age 18. Will this have any bearing on the decision ?

_shel · #5 (**permalink**) 17th April 2012, 04:50 PM

No given it did not happen last year. People with adult convictions can get visas so long as they're not substantial and not recent. Really depends on the offence & sentence. Prison of 12 months + you have slim to no chance and repeat offending of a particular nature no chance. Otherwise you should bbe fine so long as you are honest.

Have you been to Australia? Did you declare it on the passanger card? They must always be declared until you become a citizen as UK law on rehab of offenders does not apply.

nickc1 · #6 (**permalink**) 17th April 2012, 05:05 PM

I have had a working holiday visa before and did not declare it. Will they check this or have kept a record of what I did or did not declare ?

_shel · #7 (**permalink**) 17th April 2012, 05:14 PM

Yes they will have a record of it and it could lead to problems in you being granted a visa. Any visa application and landing card is a legal declaration and you have lied! You need to explain why you did that before they ask you. I've seen this before and it was only the person not declaring on the landing card in the past. Lying on a visa application is much more serious!

I'd think about paying a registered migration agent to sort this one out for you because you could have already failed the character test by making a fraudulant declaration. They can put a good case together knowing the full extent of policy & law that you are not going to get on the internet.

nickc1 · #8 (**permalink**) 17th April 2012, 05:32 PM

Ok thanks. What do you honestly think my chances are with that extra knowledge ?

_shel · #9 (**permalink**) 17th April 2012, 05:45 PM

So long as the offence is not something extra nasty you should be ok but only if you address it all properly and don't let them have to come you saying why did you lie and not declare! Handle it badly you fail the character test!
If you need an agent Peter Bollard or Westly Russell would be good for character issues.

nickc1 · #10 (**permalink**) 17th April 2012, 06:15 PM

No it's nothing nasty. Is this likely to cost me significantly more now ?