Criminal Record
Jul 8th 2006, 2:15 am
#1
I never gave up trying
Thread Starter
Joined: Nov 2003
Location: Belair, S.A.
Posts: 86
Criminal Record
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Jul 8th 2006, 2:45 am
#2
BE Forum Addict
Joined: May 2005
Location: Bunbury WA
Posts: 1,844
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Im not sure how it works on criminal matters, but as long as he is up front, he may be ok.
Hope all works out for him, and it does not go against him, we all make mistakes in life, we just have to learn from them, glad he has.
Good luck to him.
Denise
Jul 8th 2006, 3:52 am
#3
Anything,Anytime,Anywhere
Joined: Jan 2004
Location: The Magic Roundabout
Posts: 8,141
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Hi Gunner, can't advise you directly but if you PM Pollyana (my OH), she should be able to. May take a little while as she is UK at the moment but will definately back in Oz on Monday, though she pops on now and again from over there.
Jul 8th 2006, 3:52 am
#4
Proudly Deplorable
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Good luck.
Last edited by Amazulu; Jul 8th 2006 at 4:04 am.
Jul 8th 2006, 4:48 am
#5
Banned
Joined: Jan 2006
Location: Godzone, utopia, Paradise Island under the sun.
Posts: 1,177
Re: Criminal Record
l think the problem is his been caught drink driving twice, once you can say it was a mistake and learnt your lesson, but you can't say that if you have done it twice. The OZ government would be worried that he could re-offend
drink driving in OZ and kill someone on the road.
drink driving in OZ and kill someone on the road.
Jul 8th 2006, 8:04 am
#6
Jedi Princess
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Secondly they are two separate incidents 13 yrs apart (perhaps personal problems at the time).
Thirdly only one term of imprisonment, which was under 12 months in duration.
I don't think your brother has much to worry about as long as he declares them and any evidence of rehabiltation since.
The only thing that would concern me is the length of the ban imposed seems excessive given the charge, but even so, I doubt it would prevent him successfully applying to live here.
Jul 8th 2006, 8:50 am
#7
BE Enthusiast
Joined: Oct 2005
Location: Blighty
Posts: 950
Re: Criminal Record
Originally Posted by kiwi_child
Firstly these offences are not technically "criminal". They are traffic offences.
Secondly they are two separate incidents 13 yrs apart (perhaps personal problems at the time).
Thirdly only one term of imprisonment, which was under 12 months in duration.
I don't think your brother has much to worry about as long as he declares them and any evidence of rehabiltation since.
The only thing that would concern me is the length of the ban imposed seems excessive given the charge, but even so, I doubt it would prevent him successfully applying to live here.
Secondly they are two separate incidents 13 yrs apart (perhaps personal problems at the time).
Thirdly only one term of imprisonment, which was under 12 months in duration.
I don't think your brother has much to worry about as long as he declares them and any evidence of rehabiltation since.
The only thing that would concern me is the length of the ban imposed seems excessive given the charge, but even so, I doubt it would prevent him successfully applying to live here.
Whaaaaat????????????Traffice offences????? Maybe in some countries??
That's like saying 'deliberatley running someone over is not murder...just a traffice offence'
DRINK DRIVING IN THE UK IS A CRIMINAL OFFENCE AND THE CRIMINALS NEED TO PAY FOR THEIR CRIME.
Jul 8th 2006, 9:36 am
#8
Fighting my corner
Joined: Aug 2005
Location: Adelaide, South Australia
Posts: 11,948
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
Jul 8th 2006, 9:41 am
#9
BE Forum Addict
Joined: Jun 2004
Location: Mountain Creek, Sunshine Coast
Posts: 1,643
Re: Criminal Record
Originally Posted by touchingcloth
Whaaaaat????????????Traffice offences????? Maybe in some countries??
That's like saying 'deliberatley running someone over is not murder...just a traffice offence'
DRINK DRIVING IN THE UK IS A CRIMINAL OFFENCE AND THE CRIMINALS NEED TO PAY FOR THEIR CRIME.
That's like saying 'deliberatley running someone over is not murder...just a traffice offence'
DRINK DRIVING IN THE UK IS A CRIMINAL OFFENCE AND THE CRIMINALS NEED TO PAY FOR THEIR CRIME.
I think he should sort his drinking problem sorted rather than worrying about moving to OZ.
If he got banned for 3 years he must have been well over the limit. Is he an alchoholic?
Jul 8th 2006, 12:55 pm
#10
Banned
Joined: Jan 2006
Location: Godzone, utopia, Paradise Island under the sun.
Posts: 1,177
Re: Criminal Record
Originally Posted by kevinbloomfield
Bloody right, I think drink driving is far more serious than things like shoplifting, fraud, not paying council tax etc (all of them criminal and can end up with prison sentences). Drink drivers are low life scum in my eyes.
I think he should sort his drinking problem sorted rather than worrying about moving to OZ.
If he got banned for 3 years he must have been well over the limit. Is he an alchoholic?
I think he should sort his drinking problem sorted rather than worrying about moving to OZ.
If he got banned for 3 years he must have been well over the limit. Is he an alchoholic?
Jul 8th 2006, 1:38 pm
#11
Forum Regular
Joined: Feb 2005
Location: Newcastle, Australia
Posts: 140
Re: Criminal Record
As I understand it, if it is not a custodial sentence then there is no problem. If it is then they look at,
1 How long ago.
2 The severity of the crime.
3 If they have been reformed.
4 If the sentance has been 'spent'
5 The likelyhood that he /she will re offend.
Also note there is a program on Channel 7 at the moment, the story was that a New Zelander came over to Oz and he had a few previous convictions for Robbery, to cut a long story short they gave him him entry because the crime had been comitted 5+ years ago, he was honest wit the officials throughout, hadsome glowing referneces from police and other officials in NZ to show that he had reformed.
The bottom line is they assess the likelyhood of reoffence, so you will need to present your best possible case to convince them that this is unlikely.
1 How long ago.
2 The severity of the crime.
3 If they have been reformed.
4 If the sentance has been 'spent'
5 The likelyhood that he /she will re offend.
Also note there is a program on Channel 7 at the moment, the story was that a New Zelander came over to Oz and he had a few previous convictions for Robbery, to cut a long story short they gave him him entry because the crime had been comitted 5+ years ago, he was honest wit the officials throughout, hadsome glowing referneces from police and other officials in NZ to show that he had reformed.
The bottom line is they assess the likelyhood of reoffence, so you will need to present your best possible case to convince them that this is unlikely.
Jul 8th 2006, 1:57 pm
#12
Trainee Domestic Goddess
Joined: May 2006
Location: Melbourne
Posts: 138
Re: Criminal Record
Originally Posted by kiwi_child
Firstly these offences are not technically "criminal". They are traffic offences.
Secondly they are two separate incidents 13 yrs apart (perhaps personal problems at the time).
Thirdly only one term of imprisonment, which was under 12 months in duration.
I don't think your brother has much to worry about as long as he declares them and any evidence of rehabiltation since.
The only thing that would concern me is the length of the ban imposed seems excessive given the charge, but even so, I doubt it would prevent him successfully applying to live here.
Secondly they are two separate incidents 13 yrs apart (perhaps personal problems at the time).
Thirdly only one term of imprisonment, which was under 12 months in duration.
I don't think your brother has much to worry about as long as he declares them and any evidence of rehabiltation since.
The only thing that would concern me is the length of the ban imposed seems excessive given the charge, but even so, I doubt it would prevent him successfully applying to live here.
Jul 8th 2006, 2:08 pm
#13
BE Enthusiast
Joined: Oct 2005
Location: Blighty
Posts: 950
Re: Criminal Record
Originally Posted by baglady
I don't know how it will affect the visa application but A Road Traffic Offence is actually technically a Criminal Offence.
Then howcome my 'crime' of doing 34mph on a 30mph speed limit road didn't appear in my police check.
So all applicants for Oz migration should declare road traffic offences????? I doubt it!
Jul 8th 2006, 2:15 pm
#14
Trainee Domestic Goddess
Joined: May 2006
Location: Melbourne
Posts: 138
Re: Criminal Record
Originally Posted by touchingcloth
Then howcome my 'crime' of doing 34mph on a 30mph speed limit road didn't appear in my police check.
So all applicants for Oz migration should declare road traffic offences????? I doubt it!
So all applicants for Oz migration should declare road traffic offences????? I doubt it!
I was just pointing out that it is incorrect to say that an RTO is not technically a "criminal" offence. It is.
Jul 8th 2006, 4:43 pm
#15
Confused member
Joined: Aug 2004
Location: Perth WA
Posts: 1,109
Re: Criminal Record
Originally Posted by baglady
No, of course they don't. They'll just be on your driving licence won't they? and eventually spent.
I was just pointing out that it is incorrect to say that an RTO is not technically a "criminal" offence. It is.
I was just pointing out that it is incorrect to say that an RTO is not technically a "criminal" offence. It is.