spent convictions
#1
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Joined: Apr 2006
Location: lancs
Posts: 24
spent convictions
hello, this is our first time on this site. We are just about to start with the applications. My husband has got a couple of spent convictions and we are worried that it may hinder us. Has anyone been in this situation and had any problems?
#2
Joined: Sep 2005
Posts: 23,400
Re: spent convictions
Originally Posted by shaznstu
hello, this is our first time on this site. We are just about to start with the applications. My husband has got a couple of spent convictions and we are worried that it may hinder us. Has anyone been in this situation and had any problems?
It depends what they are and whether a custodial sentence was served I think.
Pollyanna is the one to answer this if shes online.
You must declare it on the visa form though as things have a habit of haunting you.
Good luck
#3
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Joined: Apr 2006
Location: lancs
Posts: 24
Re: spent convictions
thanks. no custodial sentence has been served, just got fines. Do you know if you have to put them on the application if it was before he was 17 years old?
#4
Joined: Sep 2005
Posts: 23,400
Re: spent convictions
Originally Posted by shaznstu
thanks. no custodial sentence has been served, just got fines. Do you know if you have to put them on the application if it was before he was 17 years old?
Yes you do, someone I heard, missed out spent convictions from ages ago and they showed up on police check.
Then DIMA take a very dim view if you didnt declare it.
It shouldnt be a problem but you must declare it on the form.
Its so much of a worry this business isnt it?
Weve got our medicals Tuesday and I just want it over and done with.
#5
Re: spent convictions
Originally Posted by shaznstu
thanks. no custodial sentence has been served, just got fines. Do you know if you have to put them on the application if it was before he was 17 years old?
If it was something serious then you could write a brief letter, stating that he is a reformed character and regrets it etc. And maybe get a character reference from someone official.
It should be OK, if in doubt contact an agent and see what their take is on it.
Good luck
#6
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Joined: Nov 2004
Location: The Sunshine Coast, QLD
Posts: 383
Re: spent convictions
Originally Posted by shaznstu
hello, this is our first time on this site. We are just about to start with the applications. My husband has got a couple of spent convictions and we are worried that it may hinder us. Has anyone been in this situation and had any problems?
Hi shaznstu, (name rings a bell)
Welcome to the site and all the best on your quest.
cheers ma dears, John & Jo.
#7
Re: spent convictions
declare it on the form,if its that long ago it wont show up anyway. My husband had a few misdermeaners on his police record they did show,we declared it,we are now living in Oz. It is no major big deal
#8
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Joined: Feb 2006
Location: Seacliff Park, Adelaide. Call in for a drink and a bbq if your passin'
Posts: 310
Re: spent convictions
Originally Posted by peppi
declare it on the form,if its that long ago it wont show up anyway. My husband had a few misdermeaners on his police record they did show,we declared it,we are now living in Oz. It is no major big deal
I'll let you know when I get mine back, I believe its getting delivered by fork lift truck LOL but my convictions are from 15 years ago.
Regards,
Paul
#9
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Joined: Apr 2006
Location: lancs
Posts: 24
Re: spent convictions
hi john n jo,
see you soon
see you soon
#10
Re: spent convictions
Originally Posted by shaznstu
hello, this is our first time on this site. We are just about to start with the applications. My husband has got a couple of spent convictions and we are worried that it may hinder us. Has anyone been in this situation and had any problems?
#11
Re: spent convictions
I had a few dates in court and live in Oz now so you can still get over. I was amazed when my police checks came back at how detailed they were, ie what clothes i was wearing when the crimes took place to what i was wearing when i went to court.
#12
Re: spent convictions
Originally Posted by karenjc
I had a few dates in court and live in Oz now so you can still get over. I was amazed when my police checks came back at how detailed they were, ie what clothes i was wearing when the crimes took place to what i was wearing when i went to court.
My hubby has a one off very old caution.
16 years old to be exact. never had anything since.
Any one put my mind at rest?????? :scared:
xRachx
#13
Re: spent convictions
To be honest i don't think that would count as its not a conviction and it was also done while a juvenile so it really would not count against you at all.
#14
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Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,810
Re: spent convictions
Firstly, technically speaking cautions need not be declared, but I would put them down anyway. Mainly because they may appear on the police check, even if they are only cautions, and that way noone can say you have hidden anything.
An old caution will not have an effect on emigration.
Secondly, no convictions are spent as far as emigration is concerned. Even if they need not be declared for other purposes (including some CRB checks for employment) they still have to be declared when seeking check for emigration. However, if they are old and do not involve custodial sentences, they will almost certainly be of no relevance.
The thing to remember is that undeclared stuff can surface years later. Honesty is definitely the best policy.
An old caution will not have an effect on emigration.
Secondly, no convictions are spent as far as emigration is concerned. Even if they need not be declared for other purposes (including some CRB checks for employment) they still have to be declared when seeking check for emigration. However, if they are old and do not involve custodial sentences, they will almost certainly be of no relevance.
The thing to remember is that undeclared stuff can surface years later. Honesty is definitely the best policy.
#15
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Joined: Apr 2006
Location: lancs
Posts: 24
Re: spent convictions
Originally Posted by karenjc
I had a few dates in court and live in Oz now so you can still get over. I was amazed when my police checks came back at how detailed they were, ie what clothes i was wearing when the crimes took place to what i was wearing when i went to court.