Visiting Aus for holiday with criminal conviction
Jun 18th 2016, 5:24 pm
#1
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Visiting Aus for holiday with criminal conviction
Hi all,
Embarrassingly when I had just turned 18 I received a criminal conviction for 'theft from employer' and I was sentenced to 80 hours community service. I'm now 29 so it was just over 10 years ago, haven't put a foot wrong since and put it down to a very foolish teenage misjudgement.
It therefore embarrasses me further that I have to be treated different when holidaying as I want to visit a friend in Aus for a few weeks in October but I don't seem to be able to apply for the normal evisitor visa. Whilst the rules state you are not eligible if you had a conviction resulting in a sentence of 12 months or more (I had no custodial sentence, or suspended sentence so seem to 'pass' this test) it refers to a character test of which I expect I have to admit my conviction?
The visa I think I need to apply for is an e600, is this correct? My other questions are:
Many thanks in advance.
Embarrassingly when I had just turned 18 I received a criminal conviction for 'theft from employer' and I was sentenced to 80 hours community service. I'm now 29 so it was just over 10 years ago, haven't put a foot wrong since and put it down to a very foolish teenage misjudgement.
It therefore embarrasses me further that I have to be treated different when holidaying as I want to visit a friend in Aus for a few weeks in October but I don't seem to be able to apply for the normal evisitor visa. Whilst the rules state you are not eligible if you had a conviction resulting in a sentence of 12 months or more (I had no custodial sentence, or suspended sentence so seem to 'pass' this test) it refers to a character test of which I expect I have to admit my conviction?
The visa I think I need to apply for is an e600, is this correct? My other questions are:
- What do I need to prepare in relation to my conviction in order to apply for the e600 online? (if it can be done online). Do I need to apply for my police certificate for example? Having not applied before I'm not sure where in the online form I state a conviction and how I provide evidence of it.
- The character assessment is my concern as it's the thing I'm not sure I would pass without admitting my conviction. Am I correct to be concerned by this or does my conviction or the time since it happened mean I don't need to disclose it?
- If I was to be granted this visa, do you fill out a landing card when visiting Australia or does my visa supercede the need to fill this in? if I do fill it in, does it ask for convictions and if I say 'yes' won't I be held and questioned despite applying for the visa to alleviate this?
- Do I need to consult an immigration lawyer or specialist for my conviction? As it's over 10 years old, was a one off and I have been of good character since, I'd hope it would be granted. However, the last thing I want to do is not submit my application properly and face being rejected. This happened when I applied for a US visa naively and very soon after I was convicted (within 6 months)
- How long is the process of applying, considering I plan to travel in October?
Many thanks in advance.
Last edited by uktourist; Jun 18th 2016 at 5:26 pm.
Jun 18th 2016, 9:30 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Visiting Aus for holiday with criminal conviction
You can apply for a subclass 651 eVisitor but you must declare your conviction when applying for your visa and when you complete your arrival card.
Jun 18th 2016, 11:12 pm
#3
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Visiting Aus for holiday with criminal conviction
You need to declare your conviction, I would very much doubt that it would be a show stopper for a trip to Australia. I would start the process now for your trip in October and if you are asked for a police check you need to get one.
Everybody fills in a landing card when they arrive in Australia, even Australian citizens.
Everybody fills in a landing card when they arrive in Australia, even Australian citizens.
Jun 19th 2016, 5:37 pm
#4
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Re: Visiting Aus for holiday with criminal conviction
Thanks both.
I have seen conflicting info about which visa to apply for, hence I quoted e600. How do I know definitely that I am applying for the correct visa?
I definitely will be declaring it, however the other questions are also important.
Should I be be speaking to an immigration specialist for this or is it really unnecessary? Also, do I need firm dates and travel plans (as obviously I don't have these until the visa is granted).
Thanks
I have seen conflicting info about which visa to apply for, hence I quoted e600. How do I know definitely that I am applying for the correct visa?
I definitely will be declaring it, however the other questions are also important.
Should I be be speaking to an immigration specialist for this or is it really unnecessary? Also, do I need firm dates and travel plans (as obviously I don't have these until the visa is granted).
Thanks
Jun 19th 2016, 9:41 pm
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Visiting Aus for holiday with criminal conviction
You haven't received a 12 month or longer sentence so you can apply for a subclass 651 eVisitor visa online. Your application won't auto-grant as you have a conviction so I would do this well in advance of your trip as it will require a human to look at it. Worst case scenario it will be refused and you will need to apply for a subclass e600 visa but I think this would be very unlikely for such a relatively minor conviction over ten years ago.
Jun 21st 2016, 3:50 pm
#6
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Posts: 6
Re: Visiting Aus for holiday with criminal conviction
As far as I am aware the evisitor does not ask a question regarding criminality.
As he meets the requirements for the evisitor he can use that.
As the card on the plane does ask, he would have to tick yes to that, but as he meets
8528 - NO CRIM CONVICTIONS
wheres the problem ?
As he meets the requirements for the evisitor he can use that.
As the card on the plane does ask, he would have to tick yes to that, but as he meets
8528 - NO CRIM CONVICTIONS
wheres the problem ?
Last edited by daftpunk2; Jun 21st 2016 at 3:54 pm.
Jun 21st 2016, 4:35 pm
#7
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Location: Western Australia
Posts: 21,139
Re: Visiting Aus for holiday with criminal conviction
As far as I am aware the evisitor does not ask a question regarding criminality.
As he meets the requirements for the evisitor he can use that.
As the card on the plane does ask, he would have to tick yes to that, but as he meets
8528 - NO CRIM CONVICTIONS
wheres the problem ?
As he meets the requirements for the evisitor he can use that.
As the card on the plane does ask, he would have to tick yes to that, but as he meets
8528 - NO CRIM CONVICTIONS
wheres the problem ?
UK tourist, follow Brit in Paris' and Bermuda Shorts advice and you'll be fine.
Jun 21st 2016, 4:51 pm
#8
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Posts: 6
Re: Visiting Aus for holiday with criminal conviction
This appears on the front page
eVisitor conditions
..........
If you are granted an eVisitor the following conditions will apply to you:
you must not engage in any studies or training for more than three months;
you are free from tuberculosis when you travel to, and enter, Australia; and
you have no criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not the sentence/s were served.
..........
If you are granted an eVisitor the following conditions will apply to you:
you must not engage in any studies or training for more than three months;
you are free from tuberculosis when you travel to, and enter, Australia; and
you have no criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not the sentence/s were served.
UK tourist, fill in the application and find out yourself.
Visa Class E-visitor (class TV)
Visa Subclass eVisitor (subclass 651)
Visa Grant Number
Visa Grant Date 2016
Travel Document Number
Travel Document Country BRITISH -CITIZEN
Must Not Arrive After 2017
Stay Period 3 month(s) from the date of each arrival
Travel Facility Multiple
Visa Conditions 8115 - BUSINESS VISITOR ACTIVITY
8201 - MAXIMUM 3 MONTHS STUDY
8527 - TUBERCULOSIS FREE
8528 - NO CRIM CONVICTIONS
Last edited by daftpunk2; Jun 21st 2016 at 5:14 pm.
Jun 21st 2016, 5:16 pm
#9
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Visiting Aus for holiday with criminal conviction
Incorrect, I've done one recently and no question appeared regarding criminality.
This appears on the front page
UK tourist, fill in the application and find out yourself.
Visa Class E-visitor (class TV)
Visa Subclass eVisitor (subclass 651)
Visa Grant Number
Visa Grant Date 2016
Travel Document Number
Travel Document Country BRITISH -CITIZEN
Must Not Arrive After 2017
Stay Period 3 month(s) from the date of each arrival
Travel Facility Multiple
Visa Conditions 8115 - BUSINESS VISITOR ACTIVITY
8201 - MAXIMUM 3 MONTHS STUDY
8527 - TUBERCULOSIS FREE
8528 - NO CRIM CONVICTIONS
This appears on the front page
UK tourist, fill in the application and find out yourself.
Visa Class E-visitor (class TV)
Visa Subclass eVisitor (subclass 651)
Visa Grant Number
Visa Grant Date 2016
Travel Document Number
Travel Document Country BRITISH -CITIZEN
Must Not Arrive After 2017
Stay Period 3 month(s) from the date of each arrival
Travel Facility Multiple
Visa Conditions 8115 - BUSINESS VISITOR ACTIVITY
8201 - MAXIMUM 3 MONTHS STUDY
8527 - TUBERCULOSIS FREE
8528 - NO CRIM CONVICTIONS
First 3 paragraphs.
Jun 21st 2016, 7:02 pm
#10
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Joined: Jun 2016
Posts: 6
Re: Visiting Aus for holiday with criminal conviction
Have you actually filled in one of these, there is NO place that mentions criminality except for
eVisitor conditions
..........
If you are granted an eVisitor the following conditions will apply to you:
..........
you have no criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not the sentence/s were served.
..........
If you are granted an eVisitor the following conditions will apply to you:
..........
you have no criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not the sentence/s were served.
Visa Conditions ....
8528 - NO CRIM CONVICTIONS
That, to remind you,
The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.
Where? This goes back to "have you actually filled in one of these recently" as there are no questions. There is on the ETA, and on the landing card, but not the evisitor.
Last edited by daftpunk2; Jun 21st 2016 at 7:13 pm.
Jun 21st 2016, 7:13 pm
#11
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Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Visiting Aus for holiday with criminal conviction
Which is covered by the landing card, NOT the evisitor.
Have you actually filled in one of these, there is NO place that mentions criminality except for
If you meet those requirements, and fill in the rest of the evisitor form you then deal with the criminality at the border, NOT on the evisitor. The evisitor even mentions
Visa Conditions ....
8528 - NO CRIM CONVICTIONS
Where? This goes back to "have you actually filled in one of these recently" as there are no questions. There is on the ETA, but not the evisitor.
Have you actually filled in one of these, there is NO place that mentions criminality except for
If you meet those requirements, and fill in the rest of the evisitor form you then deal with the criminality at the border, NOT on the evisitor. The evisitor even mentions
Visa Conditions ....
8528 - NO CRIM CONVICTIONS
Where? This goes back to "have you actually filled in one of these recently" as there are no questions. There is on the ETA, but not the evisitor.
Whatever you say.
Jun 21st 2016, 7:32 pm
#12
Just Joined
Joined: Jun 2016
Posts: 6
Re: Visiting Aus for holiday with criminal conviction
When proven wrong you revert to sarcasm.
Question was simple
You stated
I asked you where.
Lets go through the criteria again.
I look forward to a non-sarcastic reply as to where these questions are
Question was simple
You stated
Lets go through the criteria again.
You may be eligible for an eVisitor if you:
intend to visit Australia only temporarily and for tourism or business visitor purposes
are outside Australia
hold an eVisitor-eligible passport
are free of tuberculosis when you enter Australia
have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served).
intend to visit Australia only temporarily and for tourism or business visitor purposes
are outside Australia
hold an eVisitor-eligible passport
are free of tuberculosis when you enter Australia
have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served).
Last edited by daftpunk2; Jun 21st 2016 at 8:05 pm.
Jun 22nd 2016, 12:22 am
#13
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Location: Apparently I'm in the Place to Be x
Posts: 995
Re: Visiting Aus for holiday with criminal conviction
Why the argument? You are recommending the same visa!!
Jun 22nd 2016, 6:39 am
#14
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Visiting Aus for holiday with criminal conviction
Mr Daft, be quiet! Let's just wish UK Tourist well.
Jillibee, quite right
Jillibee, quite right
Jun 22nd 2016, 8:05 am
#15
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Joined: Jun 2016
Posts: 6
Re: Visiting Aus for holiday with criminal conviction
Disagreement is there is no question on criminality on 651, so the following is incorrect.
The OP needs to fill out the evisitor, fill out a landing card on the plane, and get a PNC check done for a tenner before he goes (even this isn't really necessary but saves time on arrival).
Originally Posted by BritInParis
You haven't received a 12 month or longer sentence so you can apply for a subclass 651 eVisitor visa online. Your application won't auto-grant as you have a conviction so I would do this well in advance of your trip as it will require a human to look at it..
Last edited by daftpunk2; Jun 22nd 2016 at 8:10 am.