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-   -   Criminal record anyone??? (https://britishexpats.com/forum/australia-54/criminal-record-anyone-293468/)

Ransi Mar 31st 2005 12:34 pm

Criminal record anyone???
 
Just paid an agent and am now worried that were not gonna get our visas due to my partner having a criminal record :( 16 years ago.
I would like to know from any one whos going through the same thing or know anybody who had their visas with having a criminal record.
Cheers

Pollyana Mar 31st 2005 12:51 pm

Re: Criminal record anyone???
 

Originally Posted by Ransi
Just paid an agent and am now worried that were not gonna get our visas due to my partner having a criminal record :( 16 years ago.
I would like to know from any one whos going through the same thing or know anybody who had their visas with having a criminal record.
Cheers

Depends on the record and sentence (pm me with details if you wish and I can be more specific) but if its a single offence 16 years ago its unlikely to make a difference.
There are people who have used this site who have had records for violence, drugs, burglary....they have all got their visas. the main thing is, its a lng time ago, and you can probably get character refernces to say how your partner has reformed.
What is the advice from the agent - have you told him/her the details?

Polly
(criminal record checker since 1989!)

Ransi Mar 31st 2005 12:58 pm

Re: Criminal record anyone???
 
Hi thanks for the reply.My partner was done for gbh was fined £150.
Our agent knows all about it and we've requested our police record checks but it can take up to 40 days!!! Agent doesnt think it will be a problem as it was so long ago so hopefully everything will go smoothly,but you never know!!

moneypenny20 Mar 31st 2005 1:02 pm

Re: Criminal record anyone???
 

Originally Posted by Ransi
Hi thanks for the reply.My partner was done for gbh was fined £150.
Our agent knows all about it and we've requested our police record checks but it can take up to 40 days!!! Agent doesnt think it will be a problem as it was so long ago so hopefully everything will go smoothly,but you never know!!

If your agent knows and doesn't see it as a prob you should be fine. Presumably he has behaved himself since. Give him a slap if it causes problems ;)

Ransi Mar 31st 2005 1:05 pm

Re: Criminal record anyone???
 
Oh ye...he's definately been a good boy since ;)

hayleyhails Mar 31st 2005 1:05 pm

Re: Criminal record anyone???
 
The conviction will be spent by now and should not even appear in a CRB check. You should be fine, don't worry!!

Ransi Mar 31st 2005 1:09 pm

Re: Criminal record anyone???
 
Well according to our local police man, offences stay on your record (unless you were a minor),regardless of when the crime took place!! :(

moneypenny20 Mar 31st 2005 1:15 pm

Re: Criminal record anyone???
 

Originally Posted by Ransi
Well according to our local police man, offences stay on your record (unless you were a minor),regardless of when the crime took place!! :(

Well, it will show up on the PCC but what Poll was saying was that people have got their visas with far worse convictions than GBH 16 years ago. Jail sentences have got through and if your agent doesn't think it would be a problem, chill :) The whole process is stressful enough without worrying about something extra.

hayleyhails Mar 31st 2005 1:16 pm

Re: Criminal record anyone???
 

Originally Posted by Ransi
Well according to our local police man, offences stay on your record (unless you were a minor),regardless of when the crime took place!! :(


They will stay on your record but will show up as spent. They would be unlikely to show up on a CRB check unless it was an ofence which was serious or could put say children at risk etc...
Spent convictions are just that spent, so u should be fine. i work within probation now and have worked as paralegal/fee earner at crown court level, spents hold no water and should not cause u any probs.

Notice i say should!! Can never be 100% on these things but wouldn't worry

Ransi Mar 31st 2005 1:21 pm

Re: Criminal record anyone???
 
Cheers you guys.Its good to hear reassuring positive attitude.
Im gonna stop worring now and look forward to the day we get our visas :D

Pollyana Mar 31st 2005 1:22 pm

Re: Criminal record anyone???
 

Originally Posted by hayleyhails
They will stay on your record but will show up as spent. They would be unlikely to show up on a CRB check unless it was an ofence which was serious or could put say children at risk etc...
Spent convictions are just that spent, so u should be fine. i work within probation now and have worked as paralegal/fee earner at crown court level, spents hold no water and should not cause u any probs.

Notice i say should!! Can never be 100% on these things but wouldn't worry

The checks done for migration purposes are done by the Police under Subject Access, not (as yet) by the CRB. That long ago, with that sentence, it is almost certainly spent, but may still appear on the Subject Access check, as that reveals all, including spent convictions.
Can't honestly see it making a difference though; you should be fine. :)

jc_hoops Mar 31st 2005 2:29 pm

Re: Criminal record anyone???
 

Originally Posted by Ransi
Just paid an agent and am now worried that were not gonna get our visas due to my partner having a criminal record :( 16 years ago.
I would like to know from any one whos going through the same thing or know anybody who had their visas with having a criminal record.
Cheers

Yes - like your partner, mine are for violence and a good few years ago.

I got the visa and it is activated now, but was informed by the young lady at the time of confirming my passport was in the post to me, that "I needed to makesure, that I got into no more trouble".

You should be ok.......good luck :)

karenjc Mar 31st 2005 3:15 pm

Re: Criminal record anyone???
 
Yeah i,ve had a couple of scrapes with the law. Same sort of thing and we got our visas last week so you should be ok. All the best Darren :beer:

Ransi Mar 31st 2005 3:26 pm

Re: Criminal record anyone???
 

Originally Posted by karenjc
Yeah i,ve had a couple of scrapes with the law. Same sort of thing and we got our visas last week so you should be ok. All the best Darren :beer:

Cheers Darren,
Good luck in Oz :beer:

pike Apr 1st 2005 6:51 am

Re: Criminal record anyone???
 
uncle had done 2 years inside 5 years before application and was refused for not saying took another two years too get their and he was married to an aus , Good Luck


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