JugheadJones

Hello folks,

I'm (hopefully) off to Sydney in January on a 457. I'm just getting all the necessary bits together at the moment (references,marriage cert, birth cert etc etc) to lodge with my visa.

The thing is my police check has just come back this morning and it's listed a caution that I got 9 years ago for possession of cannabis on it. Bit embarrassing - I'd forgotten all about it! Does anyone think this will make a difference to my visa getting accepted? I'm hoping they're only really interested in more serious recent offences but you never know. What do you all reckon?

Cheers,

Jugs

eljustino

Hi

personally you will probably need to declare it, if you dont it could come back to bite you in the ars*, they may even cancell the visa etc, might be worth getting professional advice of the people who are sponsoring you on the 457 visa.

Good luck

Justin

lawlaw

I'm sure you will be fine, I think this has been posted about before.

jonjon

You may need to query this as I am not sure but I think after 5 years they should be removed from your records.

As I say I am not 100% sure of this, but when I worked for the NHS we use to undertake CRB police checks on staff and it was common for us to get checks through with spent convictions and cautions on them and I was once told that they were not removing these from individuals personal records in accordance with their requirements to do so.

As I say I may be 100% wrong but I may be worth asking the question “how long is it meant to stay on my records for”

Regards

Jon

cam_uk

I didn't think they did police checks with a 457 application ...

i've not had any (that i know of) and my visa has been granted

geary11

[You should be okay, you say it was just a caution not a conviction for pushing or anything.

Have a read of the DIMIA guidelines - just make sure you're up front about it in your application.


From http://www.immi.gov.au/faq/general/general04.htm

A person will fail the character test when:

the person has a substantial criminal record, defined as where the person has been:
sentenced to a term of imprisonment for 12 months or more, or
sentenced to either death or life imprisonment, or
sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more, or
acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution,
the person either has, or has had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct,
there is a significant risk that the person will engage in criminal conduct in Australia; harass, molest, intimidate or stalk another person in Australia; vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community,
having regard to the person's past and present criminal conduct, the person is found not to be of good character, and
having regard to the person's past and present general conduct, the person is found to be not of good character.

lovealot

We were told by our agent that you need 10yrs clear but you need to look into this further
Good luck

Vanessa

We didn't need police checks on a 457 visa. Only chest xrays.

Your record is 'spent' however, for applications of this type they will show up and you do have to declare them.

gjs

Hi, police cautions are supposed to be removed after five years. Visit thesite.org for details, hope this helps,Diane

renth

Do you have to have the full medical for a 457? If you go for PR after a few years you will have to have one and there is a question on the form asking "have you ever taken illegal drugs" - if you declare the caution you'll have to tick the "yes" box on your meds.

I don't know if this will mean a problem. Probably not.