wannagonow

hi quick question would someone qualify for a visa for oz having spent a few years in prison for affray? hoping to get in on 5 point investment. age 40 thanks

JAJ

Very unusual to get such a long sentence for affray.
http://en.wikipedia.org/wiki/Affray

Bottom line is that with a sentence exceeding 12 months you have a "substantial criminal record" and you will have to do a lot of explanations (circumstances, subsequent rehabilitation) to even have a chance of a visa.

Also, it's not clear whether you even qualify, there's no "5 point investment" visa.

wannagonow

It was more like attempted murder from what i understand, (not enquiring for myself BTW!), also not on sol, modl or csl?

cat in hells chance???

JAJ

Why on earth did you say "affray" when you meant "attempted murder"? There is - as a general rule - an enormous difference between these crimes.

No point even thinking about the character issues unless there is a migration pathway:
http://britishexpats.com/wiki/How_to...k_in_Australia

Certainly, obtaining permission to migrate (if there was a visa option available) would be very difficult with this conviction. Not necessarily impossible, depends on the circumstances, but very difficult.

http://www.immi.gov.au/media/fact-sh...9character.htm

He probably would need a visa to visit Australia, as well.

wannagonow

Think it was inbetween the 2?! should be interesting to see how they get on...

JAJ

Regardless, as a general rule:

more than 12 months in prison = big problem getting visa.

wannagonow

Thanks, i shall pass this onto them, they are adament they qualify.

Dorothy

They may qualify on skills and age grounds, but not necessarily on character grounds.

Pollyana

As JAJ says - huge difference between the two. Affray is usually the charge used after a minor fight!
They should get advice from a registered agent, and make sure that they are completely upfront about asking whether the agent has experience cases with serious criminal convictions.

mscrashed

Dear All,

One of my friend applied for a 175 VISA and he is worried for following.

What are the chances of getting a VISA with a conviction for Using Fake Drivers License? Court Fined $1800. he had no work rights at that time and had no money to pay it.and he had to return home because his VISA was expiring. and he left Australia without paying the fine. So now what are the chances getting a VISA with a Conviction and unpaid Fine?

Need your advice on this guys.

Les Mighalls

From my experience and knowledge together with a modest amount of research today I know of no cases where someone with a 12 month prison sentence in their past has gained a visa. Several have given false information to gain entry to Australia but have subsequently been thrown out under s109.

Les Mighalls

I could not provide meaningful advice without a far greater knowledge of your friend's situation, but speaking generally:

1. A conviction for using fake documents very definitely goes to 'character'
2. Having left Australia without paying the fine, even more so
3. Were there mitigating circumstances?
4. How long ago did this occur?
5. Have there been any major changes in your friend's life since then?
6. Has he disclosed this information on Form 80?
7. If not, he needs to read ss101, 106 and 109 of the Migration Act.

billymacker

Not so long ago you would have got in for free and had free travel.

Pollyana

Thats interesting, (mainly cos in my past life I used to do Subject Access police checks back in the UK!). I don't think we've ever had a definitive answer on here about how bad a sentence would be a bar. Would you suggest that anyone in this position still has a chance and might benefit from hiring an agent?

mscrashed

Dear Les,

Thanks for your response. I wish you could help more with following INFO.
1. It occured in 2005 ( just a month before his VISA expiry date)
2. Yes he admitted in Form 80.
3. He had no work and no money to pay the fine, that is why he left.
4. what do u mean by mitigating cirmcum?
5. Now he is able to pay the fine. is it ok if he pays now?

What are the chances his VISA will refuse for this?