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Ability to get a visa with a suspended sentence?

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Ability to get a visa with a suspended sentence?

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Old Sep 13th 2010 | 9:59 pm
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by Weebie
No working holiday visas go on character. Although I doubt it happens often in Australia countries liek Canada, USA you need a total clean sheet to get a WHV.Minor offences such as Drink Driving or assualt will in most cases if its within 5 years May deny you a Aus WHV.
You said Working Holiday Visa is different and much harder if you have convictions. You can be rejected on WHVs if you have a speeding fine let alone serious convictions. As I said, speeding is not a criminal offense, so would not prevent anyone from obtaining a visa to Australia, Canada, USA or likely any other country.

So, do you have a link to your information? Can you provide an example of where someone has had a visa denied on the grounds of speeding?

And just one last point, this is the Australia forum, so what does obtaining a visa to Canada or USA have to do with anything?
 
Old Sep 14th 2010 | 12:23 am
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Default Re: Ability to get a visa with a suspended sentence?

Go have a look for yourself. My time is valuabe, I'm busy and I don't have time or care to prove a point to you. The information is available and if you had any knowledge on visas you should know anyway. If you knew many of the tens of thousands of working holiday visas in this country you would know as well.
 
Old Sep 14th 2010 | 12:27 am
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by Weebie
Go have a look for yourself. My time is valuabe, I'm busy and I don't have time or care to prove a point to you. The information is available and if you had any knowledge on visas you should know anyway. If you knew many of the tens of thousands of working holiday visas in this country you would know as well.
Perhaps you should post supporting information instead of coming up with this nonsense then. Speeding fines are NOT a barrier to a working holiday visa in any country that I could find.
 
Old Sep 14th 2010 | 12:37 am
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Default Re: Ability to get a visa with a suspended sentence?

It's not a criminal offence it's a regulatory offence.
 
Old Sep 14th 2010 | 4:24 am
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Default Re: Ability to get a visa with a suspended sentence?

12 months served or suspended is 99.9% of the time the benchmark. Put it this way New Zealanders are automatically rejected at the 12 months and they don't need a visa.
Absolute nonsense on both counts.

A 12 month sentence is not a benchmark in any sense of the word. It is an administrative threshold which creates a prima facie case of 'bad character'. However that 'character' issue can also be enlivened by a series of offences which show a pattern of behaviour without that threshold being breached.

Any consideration of character also has to be looked at in the light of Ministerial Directive No. 41.

Character does not lend itself to simplistic notions.

Your statement about New Zealanders is equally nonsense. Have you heard of the Subclass 444 visa? Obviously not.
 
Old Sep 14th 2010 | 4:39 am
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Default Re: Ability to get a visa with a suspended sentence?

And as for,

You can be rejected on WHVs if you have a speeding fine
This is absolute rubbish.
 
Old Sep 20th 2010 | 1:31 pm
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by Les Mighalls
Absolute nonsense on both counts.

A 12 month sentence is not a benchmark in any sense of the word. It is an administrative threshold which creates a prima facie case of 'bad character'. However that 'character' issue can also be enlivened by a series of offences which show a pattern of behaviour without that threshold being breached.

Any consideration of character also has to be looked at in the light of Ministerial Directive No. 41.

Character does not lend itself to simplistic notions.

Your statement about New Zealanders is equally nonsense. Have you heard of the Subclass 444 visa? Obviously not.
A New Zealander who is a "behaviour concern non-citizen" - which includes those sentenced to 12+ months imprisonment - cannot be granted a Subclass 444 visa. As far as I am aware.
 
Old Sep 20th 2010 | 2:19 pm
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by JAJ
A New Zealander who is a "behaviour concern non-citizen" - which includes those sentenced to 12+ months imprisonment - cannot be granted a Subclass 444 visa. As far as I am aware.
Ah - I read Les' comment as referring to the previous poster's statement that New Zealanders didn't need a visa
 
Old Sep 20th 2010 | 2:20 pm
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Default Re: Ability to get a visa with a suspended sentence?

Yup with Australia 12 months is th benchmark. You can't be given that subclass 444 visa if you are sentanced (suspended included) at 12 months.
 
Old Sep 20th 2010 | 2:34 pm
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by Weebie
Yup with Australia 12 months is th benchmark. You can't be given that subclass 444 visa if you are sentanced (suspended included) at 12 months.
But you can get other visas (although you have to overcome the character requirement) - and also, only if you meet the other requirements for that visa.
 
Old Sep 20th 2010 | 3:20 pm
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Default Re: Ability to get a visa with a suspended sentence?

The same character provisions - in s.501 of the Migration Act and associated provisions - apply to all Australian visa applications. There is some scope for differential treatment for permanent and temporary visas but in practical terms its the same set of issues and standards.

Cheers,

George Lombard
 
Old Sep 20th 2010 | 8:14 pm
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Default Re: Ability to get a visa with a suspended sentence?

I have applied - they have come back and asked for a poilice certificate, and my account of the events.

Is this an opportunity to send in Character references etc.

ANY ADVISE would be great!!
 
Old Sep 21st 2010 | 1:20 pm
  #28  
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Default Re: Ability to get a visa with a suspended sentence?

I have applied - they have come back and asked for a poilice certificate, and my account of the events.

Is this an opportunity to send in Character references etc.

ANY ADVISE would be great!!
The best advice I can give you is to talk to George or someone else with experience in dealing with applicants with convictions.

Character issues do not lend themselves to reactive DIY. You need to be pro-active.

I've got a number with VACCU at the moment who have a three month delay on allocating the apps for character consideration. Each one of my submissions were 5 pages of A4 plus supportimng documentation.
 
Old Sep 21st 2010 | 4:19 pm
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Default Re: Ability to get a visa with a suspended sentence?

Originally Posted by Les Mighalls
The best advice I can give you is to talk to George or someone else with experience in dealing with applicants with convictions.

Character issues do not lend themselves to reactive DIY. You need to be pro-active.

I've got a number with VACCU at the moment who have a three month delay on allocating the apps for character consideration. Each one of my submissions were 5 pages of A4 plus supportimng documentation.
I'd echo Les's advice, get professional assistance before you go any further, either from him or George Lombard (above) or another registered agent with experience in that area.
 
Old Oct 5th 2010 | 9:30 pm
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Default Re: Ability to get a visa with a suspended sentence?

TinyDancer,

Have you had anymore luck with your application for a Working Holiday Visa? My boyfriend is in a similar situation with a 2 year suspended sentence and looking to apply for a visa.
 


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