criminal convictions (police check)

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Old Jan 14th 2008, 3:00 pm
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Default criminal convictions (police check)

I want to apply for a 175 skilled independent visa but have 2 previous convictions (1 for criminal damage i.e. kicked taxi when drunk) another for drink driving. Both were about 8 years ago now. Are these 2 offences likely to prevent me getting the 175 visa?
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Old Jan 14th 2008, 5:26 pm
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Default Re: criminal convictions (police check)

Originally Posted by CaptainMerton
I want to apply for a 175 skilled independent visa but have 2 previous convictions (1 for criminal damage i.e. kicked taxi when drunk) another for drink driving. Both were about 8 years ago now. Are these 2 offences likely to prevent me getting the 175 visa?
the silence looks like it might be a 'yes' then.
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Old Jan 14th 2008, 5:40 pm
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Default Re: criminal convictions (police check)

Originally Posted by CaptainMerton
I want to apply for a 175 skilled independent visa but have 2 previous convictions (1 for criminal damage i.e. kicked taxi when drunk) another for drink driving. Both were about 8 years ago now. Are these 2 offences likely to prevent me getting the 175 visa?
By what I have read on previous posts you really need to have spent time in prison or commited fraud. Just be honest with them when they ask you on your application.
If I am wrong I am sure someone else will correct me.
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Old Jan 14th 2008, 5:51 pm
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Default Re: criminal convictions (police check)

Originally Posted by shabee
By what I have read on previous posts you really need to have spent time in prison or commited fraud. Just be honest with them when they ask you on your application.
If I am wrong I am sure someone else will correct me.
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Look here http://www.immi.gov.au/allforms/char...ents/index.htm
and here: http://www.immi.gov.au/faq/general/general04.htm

You need to satisfy "good character".

You will fail the character test if:

you have a substantial criminal record
you have, or have had an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
there is a significant risk that you will engage in criminal conduct in Australia; harass, molest, intimidate or stalk another person in Australia; vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community
with regard to your past and present criminal conduct, you are found not to be of good character
and
having regard to your past and present general conduct, you are found to be not of good character.

A substantial record applies if you have been to prison, so you should be fine.
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Old Jan 14th 2008, 8:08 pm
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Default Re: criminal convictions (police check)

Thanks for that. Not sure but both convictions may even be spent as they were a long time ago. From the guidance posted looks like i should be ok. Thanks.
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Old Jan 14th 2008, 8:20 pm
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Default Re: criminal convictions (police check)

just to be safe though from other posters that thought their little younger year mishaps were 'spent' declare them as other people have been suprised that they are still showing on the pcc from 10/17 years ago etc so then have to clarify why they were 'lying'? although they werent as they were 'spent'. if that makes any sense.
sorry to ramble. been a long day.


kathx

ps - unless you get the pcc check first then you know whats on there??
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Old Jan 14th 2008, 8:45 pm
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Default Re: criminal convictions (police check)

Will do cheers.
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Old Jan 15th 2008, 7:05 am
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Default Re: criminal convictions (police check)

Originally Posted by kjc79
just to be safe though from other posters that thought their little younger year mishaps were 'spent' declare them as other people have been suprised that they are still showing on the pcc from 10/17 years ago etc so then have to clarify why they were 'lying'? although they werent as they were 'spent'. if that makes any sense.
sorry to ramble. been a long day.


kathx

ps - unless you get the pcc check first then you know whats on there??

Kath is right; even spent convictions have to be declared for migration purposes.
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Old Feb 2nd 2008, 4:55 pm
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Default Re: criminal convictions (police check)

Originally Posted by ler01kjh
Kath is right; even spent convictions have to be declared for migration purposes.
hi there,
my husand has a criminal conviction for which he served a prison sentence in 1991. This showed up obviously on his police report. We still were granted our visa. You must be completely honest with dimia. Your agent will advise you of proceedures you will have to do to pass the character test.
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Old Feb 2nd 2008, 8:17 pm
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Default Re: criminal convictions (police check)

Hi,

I had three things on my police checks, one was an assault from when i was at school aged 15 yr's old, the second was another assault about 10 yr's ago and then a drunk and disorderly about 8 yr's ago.

I wrote a letter explaining the circumstances behind the incidents and how i was misled by the company i used to keep, and how i realize it was a "bad" part of my life........ I explained how i am now settled down and beginning a family and want to look forward to a safe and family orientated lifestyle.

Anyway i had no problems, i also got a couple of character references to send off with them aswell.

Chris.
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