Criminal Convictions - Australia

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Old Oct 6th 2012, 5:29 pm
  #1  
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Default Criminal Convictions - Australia

Hello,

I wondered if anyone could help me out with some advice?

I am planning on travelling in Austalia for 3 months, and therefore want to apply for a Tourist Visa to do so.

I am confused as to whether I disclose a drink driving conviction on the visa as when I apply or not. I am fully aware that I tick the relevant box and disclose it on the plane over, and am more than happy to provide documents at the other end to show a police records check and that I now have a full driving license again. However, do I disclose it on the visa, as, it reads, and also after speaking to the Imigration Office twice, they have indicated that you only disclose a conviction if you spent/served 12 months or more for a crime (imprisonment).

Has anyone had this situation, does anyone know of anyone getting refused entry at the border/or a visa due to a drink driving?

Any help and advise hugely appreciated.

Thank you so so much in advance.

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Old Oct 6th 2012, 6:48 pm
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Default Re: Criminal Convictions - Australia

You have to disclose all convictions regardless of sentence whenever asked on a visa application and then again on the landing card which you hand over to immigration control on arrival.

Though it would be highly unlikely a drink driving conviction would be an issue.

I disclosed juvenile convictions and got my visa fine. Then ticked the box yes on the landing card, was asked to wait while the officer checked something on the computer. Seemed like he was gone for hours but in reality it was about 10 mins. Then he stamped my passport and let me in. So you shouldn't have any bother.
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Old Oct 7th 2012, 2:54 am
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Default Re: Criminal Convictions - Australia

Sounds like you should be ok. But it is probably worth applying for the paper visa - not the online or eVisitor. The Department says
If you have had any criminal convictions in any country, you may want to consider applying for a Tourist visa (subclass 676), rather than an eVisitor. If arriving on an eVisitor with criminal convictions, you could be refused entry into Australia.
The relevant test they will use for granting the visa or not is the following:

THE CHARACTER TEST
A person will not pass the character test where:
- they have a substantial criminal record

SUBSTANTIAL CRIMINAL RECORDS
A person is deemed to have a substantial criminal record if they have been:
- sentenced to either death or life imprisonment
- sentenced to a term of imprisonment for 12 months or more
- sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
- acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.
http://www.immi.gov.au/media/fact-sh...haracter.htm#e
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Old Oct 7th 2012, 8:25 am
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Default Re: Criminal Convictions - Australia

Thank you so much for the advice - very helpful, especially Shellyj. I will declare on both - was just a bit unsure and after speaking to immigration twice really confused! I didn't want to be declaring something I didn't have to.

I hope i get in - but after spending days Googling couldn't find out whether or not it would be an issue. Fingers crossed!

Thank you once again.

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Old Oct 17th 2012, 6:44 am
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Default Re: Criminal Convictions - Australia

Just thought I should come back and say that conviction was declared and visa granted in under a week. Thank you for your help! Hope this is useful for people in the future! Thanks
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Old Oct 17th 2012, 7:55 am
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Default Re: Criminal Convictions - Australia

Enjoy your holiday.
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