Criminal Records
#1
Forum Regular
Thread Starter
Joined: Sep 2017
Location: Sydney
Posts: 69
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.
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.
#2
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,809
Re: 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.
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.
#3
Re: 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.
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.
1 - The policy
2 - Case history examples.
Thank you.
#4
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.
#5
Forum Regular
Thread Starter
Joined: Sep 2017
Location: Sydney
Posts: 69
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.
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.
#6
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.
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.
#7
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: 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.
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.
So what? What's the beef?
#8
Re: Criminal Records
I asked for
1 Policy
2 Case history
That has not been forthcoming.
#9
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.
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.
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
#10
Just Joined
Joined: Dec 2017
Posts: 4
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
12 month discharged
#11
Just Joined
Joined: Dec 2017
Posts: 4
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.
#12
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,809
Re: Criminal Records
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
#13
Just Joined
Joined: Dec 2017
Posts: 4
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.
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.
#14
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.
#15
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,809
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.
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.
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.
Last edited by Pollyana; Dec 20th 2017 at 2:12 am.