chiltern.a

Hi Everyone

I wanted to seek some advise about information I didn't include on my visa application.

To give a bit of background I was in Australia 5 years ago on a WHV and on my way home from the pub one night I got caught short and jumped behind a bush for a wee, Unfortunately the police were walking past and as a result I ended up with a fine for disorderly behaviour in public.

Fast forward to this year and I have submitted my visa application but I didn't include details of this incident, when I was filling in the application I completely forgot about it and when I did think about it I wasn't even sure it would be relevant as I didn't even think of it as a criminal conviction(still not sure if it does count as a criminal conviction).

Now that we are at the final stages of the process I am now paranoid this could mess up our application, not because of the offence but because they may think we have tried to hide information.

What do you think would be best to do should I just wait for the police check to come through and upload it then see what they say? or should I advise them of the mistake before uploading the police check? or should I do something else?

Please help me if you can with this as I don't want a silly mistake to mess up my application.

SoCalDon

If it were me I would write and tell them exactly what you just told us. Trying to hide it would be considered a worse offence than the one you actually committed.

I used to be in the recruiting department for a police farce in London and we would never, ever employ someone if they had not told us about a previous conviction, no matter how trivial.

Dorothy

You complete this form and upload it. http://www.immi.gov.au/forms/Documents/1023.pdf

Although, I'm not exactly sure that a fine for disorderly conduct would be considered a criminal conviction. Better safe than sorry, though.

chiltern.a

Hi SoCalDon thanks for the reply. I'm not trying to hide it as it will come up on the police check they have requested anyway. I'm just not sure whether I should contact them first to advise of this or if I should wait and just send in the police check with the details on there. What do you think?

chiltern.a

Thanks Dorothy, do you think I should upload before the police check or wait and upload both at the same time?

Also were do I upload this to? is it in my immiaccount or somewhere separate?

Dorothy

See post 3. There is a form you complete giving notice of incorrect answers. Fill it out and upload it.

SoCalDon

If it were me, I would fill in that form that Dorothy linked to and submit it as soon as possible. No-one can say for sure how it's going to turn out but it does seem to be a trivial offence so it probably won't affect the visa application. If they find out about the offence from a police check instead of from you then I would be seriously concerned about your chances of a successful application.

Best of luck whichever way you choose though.

MarkHoath

Unless you went to court, you will not have a conviction in Australia. Police issued fines do not count as part of your Criminal Record. Only the Court system can convict you of a crime.

Your really need to see a Migration Agent if your Police Clearance indicates that you have a conviction. You are likely looking at a 4020 3 year ban and visa rejection.

The issue is not whether you have a trivial offence, the issue is that you have made a false statement, that you had no criminal convictions when you in fact did. Unfortunately the Department is extremely heavy handed on making 4020 decisions.

regards

Mark

chiltern.a

Hi Mark
Thanks for your reply. I have now received the police certificate and it does show up on There with a court date although I never actually attended court, everything was done through the post as I had actually moved on by this point and was living in another state so I just paid the fine. I only actually found out about the letters as a friend was staying at the hostel I had given as my address at the time. What do you think would be my best course of action?

Pollyana

As we've said all along, fill in the form, upload it, admit you forgot it and have now remembered it.

Then upload the police check later, not at the same time.

MarkHoath

If you are offshore, then your best course of action is to withdraw the visa application, that way the department cant make a 4020 decision against you. Then re-lodge the application with the correct information.

If you are onshore, then you have already been granted a bridging visa and withdrawing will not assist you.

You can try lodging a Form 1023 (keep your fingers crossed) and if you get some nasty letters from the Department... Contact a Migration Agent.

chiltern.a

Hi Mark

Thanks for the response, sorry for the load of questions i am about to ask but I just want to assess all my options.

I am offshore, if I withdraw and re-lodge with the correct information will my previous lodgement be held against me?

I did return to oz for 3 weeks holiday last year and didn't mention the fine will this be held against me either way?

I have submitted a form 1023 before my police checks will they contact me regarding this form before receiving my police checks or will they wait for the rest of my docs before contacting? and are they likely to ask for more info or will they just make a decision on the visa?

MarkHoath

you need to see a Migration Agent. You cant apply until 12 months after you last tourist visa as the 4020 requirement includes all visas held in the previous 12 months. If you withdraw the current visa it wont count as it was never processed

chiltern.a

Thanks again mark I am going to use a migration agent to try and sort this out but could I just check with regards to the previous holiday visa is the 12 months from date of issue or date of expiry? Also if I resubmit can I use the medical I have already done or would I need new ones?