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Discussion Starter · #1 ·
Hi,

New to this forum but was hoping someone here has experienced something similar or atleast know how this might end up.

So I got nominated and applied for a 457 visa in perth and added my parner to my application as a de facto.

*(At the time of submitting the application I was on a Working Holiday Visa)
**(I have a criminal conviction from 5-6 years ago which I disclosed when applying for the WHV and it passed the character check without problems as it was just a 1 year suspended sentence).

Now what happepened is - on the WHV application they asked if you had broken the law within the last 5 years, which I had done, so I said yes and provided them with a police clearance from Estonia and that was that - did the character check and passed.

Now when I applied for the 457 a year later more then 5 years had passed from the time of the conviction and I stupidly thought it wouldnt be necessary to disclose it again as the immigration had the information already. TURNS OUT I read the form wrong at it said 'Have you ever committed a crime' instead of 'Have you commited a crime within 5 years'.

So the application got processed and all info was submitted and review and then BOOM, I get a call from my agent saying :"You lied. Whats going on?" So I explained what had happened and why I thought it didnt matter anymore and that I had disclosed all the info a year ago and anyone with common sense would see I made a stupid mistake. So I had to provide all the police clearances from the countries I have lived in and write a statement to immigration as to why this happened and stuff cause now they are questioning my character as I lied.

See where I am coming from?

So my question is - has anything like that happened to anyone or does anyone know what the likely outcome of this situation is? My agent is being a bit vague and doesnt want to tell me what is more likely. I mean to me it just seems like a minor mistake....

As well does anyone know what the character check processing times are? I've submitted all the documents beginning of August and for the last month they always say another couple of weeks.

Its getting increasingly frustrated as I don't know what and when to expect. :(

Help!
 
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You really are in trouble. Iying on the visa application is never good and whilst you passed the character requirement for a working holiday visa you are at risk of being refused for a 457 and definitely for PR as the requirements are enforced differently for temp, work and PR visas. 12 month sentence is the limit and that includes suspended sentences.

Depending on how you handle this you could get a ban from the country if they reject your explanation which they coud especially as you used an agent.
 

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Discussion Starter · #3 ·
Thanks for replying _shel

I have spoken to the actual case officer and he understood the human error made and both him and my agent have said that the criminal conviction itself isnt the problem, its just the fact that I filled the application wrong.

Isnt there a difference between lying and making a mistake?
 

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well the problem is that they couldn't possibly know that you made a mistake rather than a deliberate omission could they.
You have to hope that they will see it in your favour since at least you 'fessed up for the WHV :) you need to keep all your fingers crossed- these are the serious visa categories- "mistakes" of that type just won't do !
 
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Of course there is but its if they believe you, you say the case officer does but they will also have to clear it with their senior. They look at it that you have an agent, did they not ask you that question? And did they or you lie. I have seen them accept but also seen people getting bans.
But you should be more concerned that regardless of the reason for the error a 12month sentence including a syspended sentence does not meet the character requirement. Yes it did for a working holuday vusa but different visas have different limits on what is acceptable. You may just be ok as its a 457, depending on the offence & reasons for it but would be immediate fail for PR.
 
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