Police Checks & DIAC
Mar 16th 2010, 5:29 pm
#1
Just Joined
Thread Starter
Joined: Mar 2010
Posts: 2
Police Checks & DIAC
Hello out there,
Looking for some sound advice. I have the opportunity to relocate to Aus with my company. The problem is I have a conviction for GBH from 24 years ago but with no custodial sentence, just a fine. Having researched the ACPO site I know this should show up as no live trace on a Police Certificate but the DIAC will want to know the details. I also have, through no real fault of my own, a lesser conviction (Cat C under the ACPO scheme) for failing to notify a change in circumstances in accordance with provision to obtain benefit brought by my local council some 7 years ago. The circumstances of which to my mind were quite ridiculous. I was claiming council tax benefit as I was out of work, the council advised my wife to claim working families tax credit (wftc) as she was working, a little time after the tax credit was awarded, my wife and I received court summons for failing to notify a change in circumstances with us receiving ~GBP100 in Council tax benefit we were not entitled to as my wife had started to receive wftc. Although the prosecution did not have to prove dishonesty, I was still found guilty because in the eyes of the law I was obligated to inform the Council that my wife was receiving wftc.
Given all of the above I would like to here from people who have experience of the DIAC and how they may treat such an application for a temp working visa given how long the GBH conviction was in the past and the mitigating circumstances surrounding the failing to notify conviction. Or am I more than likely busted in terms of being approved for a work visa and just resign myself to working in the UK for the rest of my career?
Looking for some sound advice. I have the opportunity to relocate to Aus with my company. The problem is I have a conviction for GBH from 24 years ago but with no custodial sentence, just a fine. Having researched the ACPO site I know this should show up as no live trace on a Police Certificate but the DIAC will want to know the details. I also have, through no real fault of my own, a lesser conviction (Cat C under the ACPO scheme) for failing to notify a change in circumstances in accordance with provision to obtain benefit brought by my local council some 7 years ago. The circumstances of which to my mind were quite ridiculous. I was claiming council tax benefit as I was out of work, the council advised my wife to claim working families tax credit (wftc) as she was working, a little time after the tax credit was awarded, my wife and I received court summons for failing to notify a change in circumstances with us receiving ~GBP100 in Council tax benefit we were not entitled to as my wife had started to receive wftc. Although the prosecution did not have to prove dishonesty, I was still found guilty because in the eyes of the law I was obligated to inform the Council that my wife was receiving wftc.
Given all of the above I would like to here from people who have experience of the DIAC and how they may treat such an application for a temp working visa given how long the GBH conviction was in the past and the mitigating circumstances surrounding the failing to notify conviction. Or am I more than likely busted in terms of being approved for a work visa and just resign myself to working in the UK for the rest of my career?
Mar 16th 2010, 6:18 pm
#2
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Police Checks & DIAC
It is my opinion that neither of those two offences would be a bar to migration. It takes something much more serious and a custodial sentence before there is really anything to worry about. Just be honest about it throughout the process or it could come bacl to bite you.
Good luck.
Good luck.
Mar 16th 2010, 10:47 pm
#3
Just Joined
Thread Starter
Joined: Mar 2010
Posts: 2
Re: Police Checks & DIAC
Thinking back now the conviction of 24 years ago was assault occasioning actual bodily harm which is a lesser offence than GBH and is catorgorised as group C under the ACPO retention scheme.
