Ability to get a visa with a suspended sentence?
#16
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?
#17
Banned






Joined: Jan 2009
Posts: 1,157











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.
#18
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.
#19
Forum Regular



Joined: May 2010
Posts: 195
From: The pointy end











It's not a criminal offence it's a regulatory offence.
#20
Reg. Migration Agent




Joined: Jan 2009
Posts: 319
From: Melbourne, Australia











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.
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.
#21
Reg. Migration Agent




Joined: Jan 2009
Posts: 319
From: Melbourne, Australia











And as for,
This is absolute rubbish.
You can be rejected on WHVs if you have a speeding fine
#22
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 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.
#23
#24
Banned






Joined: Jan 2009
Posts: 1,157











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.
#25
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.
#26
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
Cheers,
George Lombard
#27
Just Joined
Joined: Sep 2010
Posts: 4

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!!
Is this an opportunity to send in Character references etc.
ANY ADVISE would be great!!
#28
Reg. Migration Agent




Joined: Jan 2009
Posts: 319
From: Melbourne, Australia











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!!
Is this an opportunity to send in Character references etc.
ANY ADVISE would be great!!
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.
#29
Home and Happy










Joined: Dec 2002
Posts: 94,305
From: Keep true friends and puppets close, trust no-one else...











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.
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.
#30
Just Joined
Joined: Oct 2010
Posts: 18

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.
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.



