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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   DUI in USA is a criminal offense for the Australian Immigration? (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/dui-usa-criminal-offense-australian-immigration-630186/)

whutefeather Sep 11th 2009 2:51 am

DUI in USA is a criminal offense for the Australian Immigration?
 
Hi. I live in Canada now on a TRP and I cannot get PR here until 2012 so I opted for Australia.
I've got cought driving drunk by a safety roadcheck and got a DUI in USA in 2006. Would this prevent me (or anyone) to get a PR in Australia under the skilled worker class (or any other class)? Have you ever heared anyone being prevented to enter or immigrate to Australia because of an out of country DUI conviction?
Thank you

Zambia Sep 11th 2009 3:00 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 
It will come up as they will ask for a criminal record check from your time in Canada.

Your best bet is a Migration agent.

whutefeather Sep 11th 2009 3:09 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by Zambia (Post 7921977)
It will come up as they will ask for a criminal record check from your time in Canada.

Your best bet is a Migration agent.

I got that stamp in the USA in 2006 NOT in Canada! Canada let me stay temporarily on TRP, but cannot obtain PR here in Canada because of criminal inadmissibility so my target is the warm Autralia.
I know my DUI offence will come up, but my question is weather I become inadmissible or it prevents me in getting PR once applied as a skilled worker immigrant for Australia? Finaly why should I ever mention that I have ever landed foot on USA land? Thank you.

Dorothy Sep 11th 2009 4:52 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by whutefeather (Post 7921986)
I got that stamp in the USA in 2006 NOT in Canada! Canada let me stay temporarily on TRP, but cannot obtain PR here in Canada because of criminal inadmissibility so my target is the warm Autralia.
I know my DUI offence will come up, but my question is weather I become inadmissible or it prevents me in getting PR once applied as a skilled worker immigrant for Australia? Finaly why should I ever mention that I have ever landed foot on USA land? Thank you.

You have to declare it whether you like it or not. To not declare your DUI or your trip to the US where you obviously have so little disregard for the law (and other drivers) would be visa fraud. You have applied for PR in another country and that's a question on the visa application form. The reasons for refusal are also asked, so you will have to be honest. As for whether it will be a deterrant to your being granted a visa is up to the discretion of the case officer and his/her superiors.

eva-usa Sep 11th 2009 5:00 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by whutefeather (Post 7921986)
I got that stamp in the USA in 2006 NOT in Canada! Canada let me stay temporarily on TRP, but cannot obtain PR here in Canada because of criminal inadmissibility so my target is the warm Autralia.
I know my DUI offence will come up, but my question is weather I become inadmissible or it prevents me in getting PR once applied as a skilled worker immigrant for Australia? Finaly why should I ever mention that I have ever landed foot on USA land? Thank you.

No DUI offence wont come up as criminal records unless you were arrested by county police. Dont worry !!

JAJ Sep 11th 2009 5:01 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by whutefeather (Post 7921969)
Hi. I live in Canada now on a TRP and I cannot get PR here until 2012 so I opted for Australia.
I've got cought driving drunk by a safety roadcheck and got a DUI in USA in 2006. Would this prevent me (or anyone) to get a PR in Australia under the skilled worker class (or any other class)? Have you ever heared anyone being prevented to enter or immigrate to Australia because of an out of country DUI conviction?
Thank you

A single DUI without aggravating circumstances is not normally a bar to migration to Australia. Were you convicted in a court of law?

hoofie2002 Sep 11th 2009 5:09 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by whutefeather (Post 7921986)
I got that stamp in the USA in 2006 NOT in Canada! Canada let me stay temporarily on TRP, but cannot obtain PR here in Canada because of criminal inadmissibility so my target is the warm Autralia.
I know my DUI offence will come up, but my question is weather I become inadmissible or it prevents me in getting PR once applied as a skilled worker immigrant for Australia? Finaly why should I ever mention that I have ever landed foot on USA land? Thank you.

Declare it - you need to check if it was classifed as a conviction for a criminal offense. DO NOT EVEN THINK about lying to DIAC - it may just come back one day to bite you. It's not a bar to emigration to Australia unlike Canada. If you decide not to declare it though then please don't bother coming here since there are enough liars here as it is.

Zambia Sep 11th 2009 5:40 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by whutefeather (Post 7921986)
I got that stamp in the USA in 2006 NOT in Canada! Canada let me stay temporarily on TRP, but cannot obtain PR here in Canada because of criminal inadmissibility so my target is the warm Autralia.
I know my DUI offence will come up, but my question is weather I become inadmissible or it prevents me in getting PR once applied as a skilled worker immigrant for Australia? Finaly why should I ever mention that I have ever landed foot on USA land? Thank you.

Oops so you did.

Chances are it might not come up then. Up to you.

Dorothy Sep 11th 2009 6:30 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by eva-usa (Post 7922173)
No DUI offence wont come up as criminal records unless you were arrested by county police. Dont worry !!


Originally Posted by Zambia (Post 7922245)
Oops so you did.

Chances are it might not come up then. Up to you.

I cannot believe that people are advocating omitting information on the OP's application. The forms are very clear and lying by omission is still lying.

comet555 Sep 11th 2009 11:11 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 
First off it should be declared on the forms (morally and legally). You are expected to declare everything, and if you don't and alre later caught then your visa could be taken away.

Second... you have no idea of what would turn up on the computers when you try to enter Australia. If something comes up then it could seriously complicate things if you neglected to mention it to immigration.

dxbmsr Sep 11th 2009 11:31 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by comet555 (Post 7922791)
First off it should be declared on the forms (morally and legally). You are expected to declare everything, and if you don't and alre later caught then your visa could be taken away.

Second... you have no idea of what would turn up on the computers when you try to enter Australia. If something comes up then it could seriously complicate things if you neglected to mention it to immigration.

You need to be honest with the DIAC and if they found it even after issuing visa they will cancel your visa anyway.

eva-usa Sep 12th 2009 1:56 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by Dorothy (Post 7922330)
I cannot believe that people are advocating omitting information on the OP's application. The forms are very clear and lying by omission is still lying.

People are just trying to share their views ....no offence ...

Pollyana Sep 12th 2009 5:33 am

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by eva-usa (Post 7924634)
People are just trying to share their views ....no offence ...

A view that encourages people to lie by omission really isn't wanted on here. BE doesn't encourae posts that incite people to break the law or to commit visa fraud.
ANd remember guys, it's a known fact that some employees of DIAC browse BE regularly.

JAJ Sep 12th 2009 2:15 pm

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by comet555 (Post 7922791)
First off it should be declared on the forms (morally and legally). You are expected to declare everything, and if you don't and alre later caught then your visa could be taken away.


You are expected to answer the questions truthfully. Not the same thing.

whutefeather Sep 12th 2009 4:20 pm

Re: DUI in USA is a criminal offense for the Australian Immigration?
 

Originally Posted by hoofie2002 (Post 7922190)
... It's not a bar to emigration to Australia unlike Canada. If you decide not to declare it though then please don't bother coming here since there are enough liars here as it is.

.
Dear Hoofie
.
Anything negative does harm in an application file. When you want something it is better to present yourself positive. Finally you have to go through a bureaucracy which means nothing else then people hired for a salary to decide YOUR future without knowing you. One cannot compete with those without a dui. I paid enough to consider myself "rehabilitated" from my youth party-fever and negligence. You have to pardon yourself first in order to be able to go forward in life and shouldn't carry the burden of a past negligence and feel convicted all your life. Forget it Hoofie. My question was: if I claimed my DUI would that be a bar to enter AU? Thanks for your answers, but the real answer was: don't ever mention it! Not even try, because it doesn't help. I can cut myself from the chance of being among those one hundred thousand yearly newcomers.
.
Quote: "A DUI conviction in Kennebunkport, Maine didn’t seem to stop a young George W. Bush from going on to become the future President. And two convictions of Dick Cheney didn’t stop him from later becoming a Vice-President."
.
"Tennessee State Senator Jerry Cooper recently received a DUI. As did Al Gore’s son Al Gore, Jr. when visiting California."
.
"Even prosecutors get in on the act sometimes. As is the case in Miami where the city prosecutor hit two people riding a scooter while he was driving under the influence."
.
"Remember, it’s best not to drink and drive. But if you have been convicted it doesn’t mean your life is over."
.
Thank you for all your answers.
PLEASE TURN THE PAGE TO CONTINUE !!!


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