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Australia tourist visa with criminal record

Australia tourist visa with criminal record

Old Feb 5th 2019, 11:20 pm
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Default Australia tourist visa with criminal record

Good evening everyone, I am new to this so my apologies if this is in the wrong place or if these posts crop up a lot.

I am hoping to apply for a tourist visa but I have seen many people get denied them for having a criminal record and similar offences to me.

I was was charged with GBH with intent when I was 19 and sentenced for it at 21. I received 2Y 6M for it. I had a pretty crap childhood. Alcoholic/abusive dad which led to parents getting divorced, sister was in intensive care with a serious eating disorder etc (probably a bit too much information but I’ve read other cases where things such as this play a factor in decisions, I am of course not using the above to excuse my actions or behaviour). Against the advise of friends who told me to lie on the online e-visa for the USA I applied through the correct channels and was denied a visa to the USA in 2015 due to a ‘crime of moral turpitude’ and permanently excluded as a result. I have read with Australia that it’s a good idea to present your case in a very professional manner ahead of making an application. I genuinely have changed my life completely now and grown up a lot. I am 30 now, I have two children, I work as a senior support worker for vulnerable adults (I’ve done that for almost 3Y now) and most importantly I have had no issues with the law since the altercation that happened when I was a teenager (19). I guess what I am asking for is a point in the right direction and if anyone who has expertise in the area to tell me if I have any hope of obtaining a holiday visa. It is a big dream of my daughters to visit Sydney as she has cousins out there and I would love to be a part of that.

Thanks for taking your time to read my thread

Tom
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Old Feb 6th 2019, 1:38 am
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Default Re: Australia tourist visa with criminal record

It might be worth reading this: Travelling to Australia - theInfoHub by Unlock | for people with convictions and criminal recordstheInfoHub by Unlock | for people with convictions and criminal records
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Old Feb 6th 2019, 8:52 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by TMayne1989 View Post
Good evening everyone, I am new to this so my apologies if this is in the wrong place or if these posts crop up a lot.

I am hoping to apply for a tourist visa but I have seen many people get denied them for having a criminal record and similar offences to me.

I was was charged with GBH with intent when I was 19 and sentenced for it at 21. I received 2Y 6M for it. I had a pretty crap childhood. Alcoholic/abusive dad which led to parents getting divorced, sister was in intensive care with a serious eating disorder etc (probably a bit too much information but I’ve read other cases where things such as this play a factor in decisions, I am of course not using the above to excuse my actions or behaviour). Against the advise of friends who told me to lie on the online e-visa for the USA I applied through the correct channels and was denied a visa to the USA in 2015 due to a ‘crime of moral turpitude’ and permanently excluded as a result. I have read with Australia that it’s a good idea to present your case in a very professional manner ahead of making an application. I genuinely have changed my life completely now and grown up a lot. I am 30 now, I have two children, I work as a senior support worker for vulnerable adults (I’ve done that for almost 3Y now) and most importantly I have had no issues with the law since the altercation that happened when I was a teenager (19). I guess what I am asking for is a point in the right direction and if anyone who has expertise in the area to tell me if I have any hope of obtaining a holiday visa. It is a big dream of my daughters to visit Sydney as she has cousins out there and I would love to be a part of that.

Thanks for taking your time to read my thread

Tom
Well the good news is that unlike the USA, Australia does take an individual approach and doesn't just have a blanket rule.

Personally, I would recommend contacting a registered migration agent - my own recommendation is George Lombard, he posts on here sometimes so do a search and his contact details are in his posts. He can advise the best way to put forward your case to Immigration.
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Old Feb 6th 2019, 9:23 am
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Default Re: Australia tourist visa with criminal record

Whether you decide to apply independently or with an agent make sure you apply in good time. It can take several months for an assessment of your character to be made.
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Old Feb 6th 2019, 12:07 pm
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Default Re: Australia tourist visa with criminal record

Thanks for the replies guys, I’ve sent George an email I’ll try to update this thread as I go so anyone in a similar position has something to reference, if anyone else has further advise it would be very much appreciated
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Old Feb 7th 2019, 2:52 am
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Default Re: Australia tourist visa with criminal record

No advice about your visa, however just wanted to say (without sounding patronising as it's not intended) well done on turning your life around and being involved in such an important job in society. Challenging/harsh childhoods do have an effect on lives. Yes it's not an excuse, but can be a large reason behind antisocial behaviour.

ps don't ever listen to anyone who tells you to lie, especially on legal documents!

There is no right way of doing the wrong thing after all.

Wish you and your family all the best.
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Old Feb 7th 2019, 8:18 am
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Default Re: Australia tourist visa with criminal record

GBH = Moral Turpitude? What did you do? Intend the "evil intent" in advance? That's what moral turpitude is all about ..... not a drunken pub fight.
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Old Feb 7th 2019, 9:42 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by Beoz View Post
GBH = Moral Turpitude? What did you do? Intend the "evil intent" in advance? That's what moral turpitude is all about ..... not a drunken pub fight.
The OP said it was ‘GBH with intent’, so yes.
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Old Feb 8th 2019, 12:59 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by Still Game View Post
No advice about your visa, however just wanted to say (without sounding patronising as it's not intended) well done on turning your life around and being involved in such an important job in society. Challenging/harsh childhoods do have an effect on lives. Yes it's not an excuse, but can be a large reason behind antisocial behaviour.

ps don't ever listen to anyone who tells you to lie, especially on legal documents!

There is no right way of doing the wrong thing after all.

Wish you and your family all the best.
Thanks man :-)

Originally Posted by Beoz View Post
GBH = Moral Turpitude? What did you do? Intend the "evil intent" in advance? That's what moral turpitude is all about ..... not a drunken pub fight.
this is something I have often thought I could use to challenge the decision made as I never had an ‘evil intention’.. a friend was getting beaten up so I intervened. Unfortunately GBH with intent is a rather easy category to fall into, the intention comes from the ‘intention to cause harm’ and is nothing to do with if the crime was premeditated or not.. for example if I pushed somebody and they fell over and broke their arm I could be charged with ‘GBH’ but if I punched somebody with a closed fist and broke their jaw I could be charged with ‘GBH with intent’
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Old Feb 8th 2019, 1:08 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by TMayne1989 View Post

this is something I have often thought I could use to challenge the decision made as I never had an ‘evil intention’.. a friend was getting beaten up so I intervened. Unfortunately GBH with intent is a rather easy category to fall into, the intention comes from the ‘intention to cause harm’ and is nothing to do with if the crime was premeditated or not.. for example if I pushed somebody and they fell over and broke their arm I could be charged with ‘GBH’ but if I punched somebody with a closed fist and broke their jaw I could be charged with ‘GBH with intent’
Here in Australia anyway, intent comes down to if you knew that your actions would probably cause the GBH.
.
(I did jury service where the accused (who had already admitted GBH previously) was found not guilty of intent, as the bloke he punched fell over, hit his face on a bar stool and suffered injuries way beyond what would be expected from a punch).
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Old Feb 8th 2019, 7:30 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by TMayne1989 View Post


Thanks man :-)
Fixed it for you

Thanks wo(man) :-)


Doesn't quite have the same sound to it!
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Old Feb 8th 2019, 8:18 am
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Default Re: Australia tourist visa with criminal record

Originally Posted by Still Game View Post
Fixed it for you

Thanks wo(man) :-)


Doesn't quite have the same sound to it!
Thanks, Sheila? (He is after all looking to come to Australia)
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Old Feb 8th 2019, 7:57 pm
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Default Re: Australia tourist visa with criminal record

Originally Posted by TMayne1989 View Post


Thanks man :-)



this is something I have often thought I could use to challenge the decision made as I never had an ‘evil intention’.. a friend was getting beaten up so I intervened. Unfortunately GBH with intent is a rather easy category to fall into, the intention comes from the ‘intention to cause harm’ and is nothing to do with if the crime was premeditated or not.. for example if I pushed somebody and they fell over and broke their arm I could be charged with ‘GBH’ but if I punched somebody with a closed fist and broke their jaw I could be charged with ‘GBH with intent’
I always thought moral turpitude was something like intending to steal or intending to take drugs, and following through with that action.

I think murder in the heat of the moment isn't regarded as moral turpitude.

Anyway, make it confusing as possible so the Americans can refuse your Visa with no clear cut reason.

Not sure about Australia and how it works to criminal convictions.
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Old Feb 8th 2019, 9:49 pm
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Default Re: Australia tourist visa with criminal record

Originally Posted by Beoz View Post
I always thought moral turpitude was something like intending to steal or intending to take drugs, and following through with that action.

I think murder in the heat of the moment isn't regarded as moral turpitude.

Anyway, make it confusing as possible so the Americans can refuse your Visa with no clear cut reason.

Not sure about Australia and how it works to criminal convictions.
Australia reviews each case individually and usually asks for a complete description of events, plus character references. There is a unit called the Visa Applicant Character Consideration Unit which carries out th reviews. They have tightened up a lot in recent years, as well as taking longer to make decisions, but they still have no blanket rules banning people the way the USA does for drug convictions, for instance. Its a much more individual approach.
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