Criminal Records
 

In a previous post I tried to inform members about the policy concerning character issues, but it was lost in the flak.

Citizenship and visas are being refused and visas are being cancelled for traffic offences and the minister has cancelled visas because he 'reasonably suspected' association with a 'designated' organisation. Contrary to popular belief, it is not necessary to have a 'substantial criminal record' or any criminal record to fall foul of the character provisions.

A Google search could find relevant references.

Re: Criminal Records
 

Do you have any links for those who have had visas cancelled just for traffic offences?

Re: Criminal Records
 

As it is you that has made this claim, please provide the relevant links to back this.

1 - The policy
2 - Case history examples.

Thank you.

Re: Criminal Records
 

Association with a outlaw bikie gang may be enough to lead to visa cancellation if the AFP has insufficient evidence to arrest and charge you with a particular crime but I would be sceptical of the claim that a 'traffic offence', in and of itself, would meet the character test threshold for refusal/cancellation under S.501.

Re: Criminal Records
 

Any conviction, or number of convictions (for any offences) that result in cumulative sentences of 12 months or longer, even if fully suspended, will result in an applicant failing to meet the character test. This applies to visa applications and more stringently to citizenship applications.

For more, may I suggest that you contact: About | McKkr's
where the article to which I originally referred was published in the ME newsletter by the principal Praveen Goyal.

Have alook at this:

Key visa cancellation statistics

and notice the trend.

For bettter particulars of offences an FoI request might be productive.

Re: Criminal Records
 

The 12 month rule is nothing new. Any evidence that a traffic offence alone would lead to a refusal/cancellation or was that just hyperbole?

Re: Criminal Records
 

A traffic offence that carries a 12 month sentence would be pretty serious right, and rightly so needs judging for visa purposes.

So what? What's the beef?

Re: Criminal Records
 

Well, I'd hate to think it was scaremongering.

I asked for
1 Policy
2 Case history

That has not been forthcoming.

Re: Criminal Records
 

I believe this is the article you mean - Pg Connects 13/10/17 - ME Alliance

I deleted the quote because you cannot copy an entire piece - see site rule 7 Site Rules | British Expatriate Community , and at the time I could not find a link to the piece to either verify it, or edit and post a link.

Even then, it is still an opinion piece. DIBP character requirements are Fact Sheet - The Character Requirement

Re: Criminal Records
 

Can anyone tell me if a conditional discharge I received for a family row with my ex wife 7 years ago will go against my Spousal visa aplication? (no violence)
12 month discharged

Re: Criminal Records
 

I've been asked for a character ref and asked to explain what happens before leading up to, and after the event.. Done this.. Health check asked for at the same time. Done this too. all sent off and now waiting to hear.

Re: Criminal Records
 

Wouldn't like to hazard a guess I'm afraid.
Australia has a real issue with domestic violence so I would suggest showing that its a one-off (as hopefully it was) and that there were mitigating circumstances.
Best of luck

Re: Criminal Records
 

Domestic violence!??
I have a good relationship with my ex and good dad too.
never, was domestic violence mentioned.
I'm ex military, school teacher, and raised ££££ for charity . I've been a mentor for young children..
not he end of the world if I don't get visa.. was just hoping for some good news before Xmas.. thanks anyways.

Re: Criminal Records
 

You wouldn't receive a 12 month conditional discharge for a "family row" unless it was considered domestic violence. Anything involving domestic violence would be automatically referred to VACCU which can take several months to make an assessment.

Re: Criminal Records
 

As BritInParis says, a mere family row would not get you a 12 month Con Dis.
Domestic Violence is not always 'violence' in the traditional sense of the word - it can include verbal attacks for instance.

I'm not saying that it will stop you getting the visa, I just wouldn't know that, just warning you that it may take some time - in fact, as BiP says it could be several months.