Undeclared Criminal Conviction

[Jake Burns]

Hi All,

Am in a bit of a quandry. I have a criminal conviction for a minor traffic offence from 1991. I am a New Zealand citizen and in,In the past 10 years have been back in forth to Australia a number of times. I was advised that, due to the nature of the offense and the time elapsed that I didnt need to declare this on the incoming passenger card. This, it turns out, was very bad advice and very stupid of me not to substantiate it. I have now secured a dream job in Aus and want to move there to live. I have recently discovered the seriousness of not declaring a criminal conviction-no matter how minor-in the eyes of the Australian authorities. I would like to make this right and am terrified that, on my next arrival into Australia, whereupon I declare my police record that the Authorities will deport me because of my previously undeclared cards.
Any opinions please.

[Dolly]

Hi there,

Welcome to the forum.

I'd strongly suggest you contact one or more of the agents who post on here...they will be able to give you the correct advice (Alan Collet, Liana Allen, pc, SOMV).

You can contact the agents by their contact details in their signatures.

Dolly

[IrishAngel]

i dont think a minor traffic offence is categorised as a criminal conviction, if you get a police cert of clearance and its not on it then you should be ok. where do you draw the line - must one declare every parking ticket, speeding fine etc, impossible to keep track of.

[kaz101]

I agree with Dolly that I would get an agents advice on this one and see what they say - and I would check with several of them. They will know how to handle this since I'm sure they've seen this kind of thing before.

Good luck,
Karen

[pc]

Dear Jake,

You can use Form 1023 to correct any information you presented on your incoming passenger card.

You should also note that whilst you are a NZ citizen, your eligibility for an SCV upon arrival is conditional on your health and criminal record being clean. See Australian Immigration Fact Sheet 17. New Zealanders in Australia

The SCV is an "invisible" visa that NZ citizens normally get upon arrival in Australia. Depending on the seriousness of your cirminal offence and your error in not declaring it, you may need to revisit your options to travel and work in Australia as a New Zealand citizen with an automatic SCV as you may or may not be eligible for an SCV upon arrival.

If you are not eligible for an SCV, as a New Zealand citizen, you will have no right to work or live in Australia unless you successfully obtain a separate Australian visa permitting you to work. In fact, if you are found to be ineligible for an SCV upon arrival, you may be refused entry into Australia.

Having said that, if it's a minor traffic conviction > 10 years ago, then you may be able to explain this to DIAC. But explain you must, rather than sweep it under the carpet.

Regards
Peter

Originally Posted by Jake Burns

Hi All,

Am in a bit of a quandry. I have a criminal conviction for a minor traffic offence from 1991. I am a New Zealand citizen and in,In the past 10 years have been back in forth to Australia a number of times. I was advised that, due to the nature of the offense and the time elapsed that I didnt need to declare this on the incoming passenger card. This, it turns out, was very bad advice and very stupid of me not to substantiate it. I have now secured a dream job in Aus and want to move my Wife and family out there. My wife is not a New Zealander or Australian and, during the course of my research in how best to treat her residency issues in Australia I have discovered the seriousness of not declaring a criminal conviction-no matter how minor-in the eyes of the Australian authorities. I would like to make this right and am terrified that, on my next arrival into Australia, whereupon I declare my police record that the Authorities will deport me because of my previously undeclared cards.
Any opinions please.

[pc]

Originally Posted by IrishAngel

i dont think a minor traffic offence is categorised as a criminal conviction, if you get a police cert of clearance and its not on it then you should be ok. where do you draw the line - must one declare every parking ticket, speeding fine etc, impossible to keep track of.

You need to declare criminal convictions.

A speedng ticket is not a criminal conviction if it never went to court.

But if you contest it and get hauled to court and are found guitly, then it may well be a recorded conviction. A prominent former Australian Federal Court judge is now a poster boy for such "criminal" offences.


Regards
Peter