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Old Sep 12th 2009, 4:33 pm   #16
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Default Re: DUI in USA is a criminal offense for the Australian Immigration?

One more thing:
People from many countries could drive while under the influence and get caught, but simply there is no record kept because it is only a traffic violation. People emigrating from the Middle East for example you think they will be bothered because of past drinking and driving? And you guys receive them. Just because someone got caught in US he wouldn’t be able to get through. It is not fair play.
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Old Sep 12th 2009, 4:39 pm   #17
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Default Re: DUI in USA is a criminal offense for the Australian Immigration?

Quote:
Originally Posted by whutefeather View Post
.
My question was: if I claimed my DUI would that be a bar to enter AU? Thanks for your answers, but the real answer was: don't ever mention it! Not even try, because it doesn't help. I can cut myself from the chance of being among those one hundred thousand yearly newcomers.
.
Having one DUI offence is highly unlikely to bar you from migrating to Australia. The rules here regarding criminal convictions are vastly different from those used by the immigration services in the US and Canada.

The real answer is that you should declare it. If it ever comes to light that you have NOT declared it, then the dishonesty factor will be taken into consideration and may well hurt you more than if you had declared it in the first place.

There are numerous posters on the forum who have asked about similar offences, or worse, and who have later received their visas after declaring the convictions.
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Old Sep 13th 2009, 6:04 am   #18
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Default Re: DUI in USA is a criminal offense for the Australian Immigration?

Quote:
Originally Posted by whutefeather View Post
Hi. I live in Canada now on a TRP and I cannot get PR here until 2012 so I opted for Australia.
I've got cought driving drunk by a safety roadcheck and got a DUI in USA in 2006. Would this prevent me (or anyone) to get a PR in Australia under the skilled worker class (or any other class)? Have you ever heared anyone being prevented to enter or immigrate to Australia because of an out of country DUI conviction?
Thank you
Go ahead and declare the DUI.

Firstly, it should not be a hindrance to getting Australian PR. Secondly, if you withhold this information and it comes to light at a later stage, this could well be considered as a fraudulent declaration on your visa application and your visa (and citizenship) could be revoked if you were found to have fraudulently obtained any visa's leading into the Citizenship.
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Old Sep 13th 2009, 2:01 pm   #19
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Default Re: DUI in USA is a criminal offense for the Australian Immigration?

Quote:
Anything negative does harm in an application file.
No, it doesn't, actually.

Quote:
One cannot compete with those without a dui
An application for a visa is not a beauty contest.

You are not competing with anyone. Your application is assessed against current legislation (with policy filling any legislative gaps) to see if it fits the criteria for being granted the particular class of visa you applied for. If it fits, you get the visa. If it doesn't you don't. Sinple as that.

Quote:
the real answer was: don't ever mention it! Not even try, because it doesn't help
Far from it. You must declare the conviction, as you must your visits to the USA.

Quote:
Quote: "A DUI conviction in Kennebunkport, Maine didn’t seem to stop a young George W. Bush from going on to become the future President. And two convictions of Dick Cheney didn’t stop him from later becoming a Vice-President."
.
"Tennessee State Senator Jerry Cooper recently received a DUI. As did Al Gore’s son Al Gore, Jr. when visiting California."
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"Even prosecutors get in on the act sometimes. As is the case in Miami where the city prosecutor hit two people riding a scooter while he was driving under the influence."
Those quotes may make you feel better, but they are completely irrelevant when it comes to applying for an Australian visa.

Quote:
People emigrating from the Middle East for example you think they will be bothered because of past drinking
Well, yes they do. We have also assisted people to obtain visas who have been jailed for alcohol related offences in the Middle East. The convictions and jail terms were declared and the visas were granted.

If you do not declare the convictions and/or overseas visits and you are subsequently found out once you are here then not only can your visa be cancelled, but you can also be stripped of subsequent citizenship.
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