chocogirl0

Im new to this forum, and am going to enjoy reading through all your different threads.

My family emigrated to Australia when i was 10, we settled in Adelaide, brought a house, etc and then after a couple of years we came back to England as Mum was still very homesick.

Now that i have my own family i have started to think about emigrating, i work in the teaching sector and my husband is a HGV Class 1 driver but there is one thing that bothers me,

when my husband was young he had a criminal record, it was not drug related - (this has now been spent) and a couple of years ago he got a charge for being drunk and swearing (words/behavior - harassment ), he says they will not let him in with a criminal record and i should stop thinking about emigrating, but i would just like to know if there is any possibility as i so want to leave Britain and bring my children up in Australia.

waiting in anticipation for your answers

Wendy

Hi honey, welcome to BE

Unless your OH has had a custodial sentence of more than 12 months there is hope, so long as you meet the criteria for getting here.

Did your parents get citizenship? or more importantly have you got it?

If not what do you and your OH do for a living?

ub40fan

Welcome to BE

My advice, for what it's worth, listen to Wendy, she is very sensible and knows all sorts.

Shirley

chocogirl0

Hi Wendy and Shirley,

Wendy, Im not sure if mum and dad got citizenship - i think they may have - will ask them.

My husband drives Class 1 Lorry's (HGV) and i work as a Teaching Assistant and have a level 3 qualification in this too, as well as a nursery nurse qualification.

Will have to find out about the custodial sentance,am unsure if he did and if he did not sure for how long, if he did have one, the criminal record is spent as this was about 15 years ago will this make a difference

chocogirl0

The custodial sentence was for 6 months. Still not found out about citizenship.

camacazi

Hi!
my oh also has a criminal record for abh or gbh can't remember which one, but it was years ago and a silly drunken fight. the lawyer (from brisbane ) whom we are hoping to do our visa with reassures us that he doesn't think it will be a problem as he has dealt with much worse cases and that also that it was years ago and since then he has settled down, got married, had children and has never been in trouble any other time.

I also have child care qualification, but only level 2. what part r u hoping to move too?

chocogirl0

We are not sure yet - we are just starting to talk about it. When i was younger we traveled around the whole of australia and then settled down in Adelaide which was nice, my cousin lives in Sydney and Brisbane is lovely too.
Where are you going to?
Good luck with your visa.

camacazi

we are going up the sunshine coast maybe redcliffe or caloundra.went over in april to see what it was like and really liked these areas.
found out a couple off weeks ago that it doesnt matter how long ago your criminal record was, it will still show up.somebodies record showed up from 23 years ago!
just decided last week that we are going to go.final decision was up to me
glad i have made my mind up and settled things with parents,was bit of a rough week!!!
Just have to get the ball rolling now!
Were do you come from?

Wendy

Having citizenship will make a huge difference to you because you won't need to go down the skilled visa route. I don't know a great deal about spouse visa's but that is all you would need for your hubby. If you don't have citizenship then you will need a skilled migrant visa.

Criminal records are not classed as spent for immigration purposes and would need to be declared. A letter written by your hubby, explaining the situations and saying how he is a reformed character will help. A custodial sentence of over 12 months will affect the decision greatly and could mean that you would be turned down.

I would suggest having a chat with a MARA registered migraion agent about your specific case as they will be able to advise you of the way forward with an application

chocogirl0

Hi, we come from Milton Keynes, where are you?

Thanks Wendy for getting back to me.