Criminal Records

Reply

Old Oct 14th 2017, 10:36 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Sep 2017
Location: Sydney
Posts: 69
WRUSSELL is an unknown quantity at this point
Default Criminal Records

In a previous post I tried to inform members about the policy concerning character issues, but it was lost in the flak.

Citizenship and visas are being refused and visas are being cancelled for traffic offences and the minister has cancelled visas because he 'reasonably suspected' association with a 'designated' organisation. Contrary to popular belief, it is not necessary to have a 'substantial criminal record' or any criminal record to fall foul of the character provisions.

A Google search could find relevant references.
WRUSSELL is offline  
Reply With Quote
Old Oct 14th 2017, 10:47 pm
  #2  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 91,754
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by WRUSSELL View Post
In a previous post I tried to inform members about the policy concerning character issues, but it was lost in the flak.

Citizenship and visas are being refused and visas are being cancelled for traffic offences and the minister has cancelled visas because he 'reasonably suspected' association with a 'designated' organisation. Contrary to popular belief, it is not necessary to have a 'substantial criminal record' or any criminal record to fall foul of the character provisions.

A Google search could find relevant references.
Do you have any links for those who have had visas cancelled just for traffic offences?
Pollyana is offline  
Reply With Quote
Old Oct 14th 2017, 10:58 pm
  #3  
BE Administrator
 
BEVS's Avatar
 
Joined: Oct 2003
Location: Below
Posts: 31,127
BEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by WRUSSELL View Post
In a previous post I tried to inform members about the policy concerning character issues, but it was lost in the flak.

Citizenship and visas are being refused and visas are being cancelled for traffic offences and the minister has cancelled visas because he 'reasonably suspected' association with a 'designated' organisation. Contrary to popular belief, it is not necessary to have a 'substantial criminal record' or any criminal record to fall foul of the character provisions.

A Google search could find relevant references.
As it is you that has made this claim, please provide the relevant links to back this.

1 - The policy
2 - Case history examples.

Thank you.
BEVS is offline  
Reply With Quote
Old Oct 14th 2017, 11:24 pm
  #4  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 10,867
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Criminal Records

Association with a outlaw bikie gang may be enough to lead to visa cancellation if the AFP has insufficient evidence to arrest and charge you with a particular crime but I would be sceptical of the claim that a 'traffic offence', in and of itself, would meet the character test threshold for refusal/cancellation under S.501.
BritInParis is online now  
Reply With Quote
Old Oct 15th 2017, 10:21 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Sep 2017
Location: Sydney
Posts: 69
WRUSSELL is an unknown quantity at this point
Default Re: Criminal Records

Any conviction, or number of convictions (for any offences) that result in cumulative sentences of 12 months or longer, even if fully suspended, will result in an applicant failing to meet the character test. This applies to visa applications and more stringently to citizenship applications.

For more, may I suggest that you contact: About | McKkr's
where the article to which I originally referred was published in the ME newsletter by the principal Praveen Goyal.

Have alook at this:

Key visa cancellation statistics

and notice the trend.

For bettter particulars of offences an FoI request might be productive.
WRUSSELL is offline  
Reply With Quote
Old Oct 15th 2017, 11:28 pm
  #6  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 10,867
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by WRUSSELL View Post
Any conviction, or number of convictions (for any offences) that result in cumulative sentences of 12 months or longer, even if fully suspended, will result in an applicant failing to meet the character test. This applies to visa applications and more stringently to citizenship applications.

For more, may I suggest that you contact: About | McKkr's
where the article to which I originally referred was published in the ME newsletter by the principal Praveen Goyal.

Have alook at this:

Key visa cancellation statistics

and notice the trend.

For bettter particulars of offences an FoI request might be productive.
The 12 month rule is nothing new. Any evidence that a traffic offence alone would lead to a refusal/cancellation or was that just hyperbole?
BritInParis is online now  
Reply With Quote
Old Oct 16th 2017, 12:11 am
  #7  
Lost in BE Cyberspace
 
Joined: Dec 2010
Posts: 11,797
Beoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond reputeBeoz has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by WRUSSELL View Post
In a previous post I tried to inform members about the policy concerning character issues, but it was lost in the flak.

Citizenship and visas are being refused and visas are being cancelled for traffic offences and the minister has cancelled visas because he 'reasonably suspected' association with a 'designated' organisation. Contrary to popular belief, it is not necessary to have a 'substantial criminal record' or any criminal record to fall foul of the character provisions.

A Google search could find relevant references.
A traffic offence that carries a 12 month sentence would be pretty serious right, and rightly so needs judging for visa purposes.

So what? What's the beef?
Beoz is offline  
Reply With Quote
Old Oct 16th 2017, 1:14 am
  #8  
BE Administrator
 
BEVS's Avatar
 
Joined: Oct 2003
Location: Below
Posts: 31,127
BEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by BritInParis View Post
The 12 month rule is nothing new. Any evidence that a traffic offence alone would lead to a refusal/cancellation or was that just hyperbole?
Well, I'd hate to think it was scaremongering.

I asked for
1 Policy
2 Case history

That has not been forthcoming.
BEVS is offline  
Reply With Quote
Old Oct 16th 2017, 5:20 am
  #9  
MODERATOR
 
old.sparkles's Avatar
 
Joined: Sep 2009
Location: slough - Adelaide
Posts: 26,811
old.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond reputeold.sparkles has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by WRUSSELL View Post
Any conviction, or number of convictions (for any offences) that result in cumulative sentences of 12 months or longer, even if fully suspended, will result in an applicant failing to meet the character test. This applies to visa applications and more stringently to citizenship applications.

For more, may I suggest that you contact: About | McKkr's
where the article to which I originally referred was published in the ME newsletter by the principal Praveen Goyal.

Have alook at this:

Key visa cancellation statistics

and notice the trend.

For bettter particulars of offences an FoI request might be productive.
I believe this is the article you mean - Pg Connects 13/10/17 - ME Alliance

I deleted the quote because you cannot copy an entire piece - see site rule 7 Site Rules | British Expatriate Community , and at the time I could not find a link to the piece to either verify it, or edit and post a link.

Even then, it is still an opinion piece. DIBP character requirements are Fact Sheet - The Character Requirement
old.sparkles is offline  
Reply With Quote
Old Dec 19th 2017, 6:22 pm
  #10  
Just Joined
 
Joined: Dec 2017
Posts: 4
rickyboyo is an unknown quantity at this point
Default Re: Criminal Records

Can anyone tell me if a conditional discharge I received for a family row with my ex wife 7 years ago will go against my Spousal visa aplication? (no violence)
12 month discharged
rickyboyo is offline  
Reply With Quote
Old Dec 19th 2017, 6:25 pm
  #11  
Just Joined
 
Joined: Dec 2017
Posts: 4
rickyboyo is an unknown quantity at this point
Default Re: Criminal Records

I've been asked for a character ref and asked to explain what happens before leading up to, and after the event.. Done this.. Health check asked for at the same time. Done this too. all sent off and now waiting to hear.
rickyboyo is offline  
Reply With Quote
Old Dec 19th 2017, 6:31 pm
  #12  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 91,754
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by rickyboyo View Post
Can anyone tell me if a conditional discharge I received for a family row with my ex wife 7 years ago will go against my Spousal visa aplication? (no violence)
12 month discharged
Wouldn't like to hazard a guess I'm afraid.
Australia has a real issue with domestic violence so I would suggest showing that its a one-off (as hopefully it was) and that there were mitigating circumstances.
Best of luck
Pollyana is offline  
Reply With Quote
Old Dec 19th 2017, 8:04 pm
  #13  
Just Joined
 
Joined: Dec 2017
Posts: 4
rickyboyo is an unknown quantity at this point
Default Re: Criminal Records

Domestic violence!??
I have a good relationship with my ex and good dad too.
never, was domestic violence mentioned.
I'm ex military, school teacher, and raised ££££ for charity . I've been a mentor for young children..
not he end of the world if I don't get visa.. was just hoping for some good news before Xmas.. thanks anyways.
rickyboyo is offline  
Reply With Quote
Old Dec 19th 2017, 11:52 pm
  #14  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 10,867
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Criminal Records

You wouldn't receive a 12 month conditional discharge for a "family row" unless it was considered domestic violence. Anything involving domestic violence would be automatically referred to VACCU which can take several months to make an assessment.
BritInParis is online now  
Reply With Quote
Old Dec 20th 2017, 2:07 am
  #15  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 91,754
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Criminal Records

Originally Posted by rickyboyo View Post
Domestic violence!??
I have a good relationship with my ex and good dad too.
never, was domestic violence mentioned.
I'm ex military, school teacher, and raised ££££ for charity . I've been a mentor for young children..
not he end of the world if I don't get visa.. was just hoping for some good news before Xmas.. thanks anyways.
As BritInParis says, a mere family row would not get you a 12 month Con Dis.
Domestic Violence is not always 'violence' in the traditional sense of the word - it can include verbal attacks for instance.

I'm not saying that it will stop you getting the visa, I just wouldn't know that, just warning you that it may take some time - in fact, as BiP says it could be several months.

Last edited by Pollyana; Dec 20th 2017 at 2:12 am.
Pollyana is offline  
Reply With Quote

Contact Us Archive Advertising Cookie Policy Privacy Statement