Question Re: Minor's Criminal Record
Nov 29th 2003, 12:23 pm
#1
BE Forum Addict
Thread Starter
Joined: Feb 2003
Posts: 1,350
Question Re: Minor's Criminal Record
I am normally a denizen of the Marriage Based Immigration Boards, but find myself posting here for information. My husband has been in the US now for 5 months, and while our marriage is a happy one, we are seriously considering relocating to Oz because of the state of the local economy in our area and the fact that our money simply will buy far more in Oz than it will in the US -- i.e. a house free and clear. My husband believes that he can handily support my entire family on his salary in Oz, has a job waiting for him there that he has confirmed he can return to in a heartbeat if he ever goes home, and so we have been discussing possibilities.
This raises a serious question. I have three kids, a 20 year old, a 13 year old and a a 17 year old son. My son was convicted at 16 for resisting arrest during an incident that occurred when he was 15. The underlying arrest was originally charged with 3 counts including one for marijuana possession. He pled no contest to the resisting arrest charge and the other two were dismissed as part of the process of a plea bargain. He will be released from juvenile probation when he is 19, or if we depart the jurisdiction before that time.
If our family wishes relocate to Oz, he will be 18 by that time and will likely wish to accompany us. My eldest child will be 21. What are the immigration ramifications of the above, if any? Will my son be allowed a visa despite the juvenile conviction or probation, or will he have to independently qualified for one since he will be 18 at the time of the move? Will my 21 year old daughter be allowed to travel also? Finally, where is the best place to get general information about immigration to Oz?
Thanks for your help.
This raises a serious question. I have three kids, a 20 year old, a 13 year old and a a 17 year old son. My son was convicted at 16 for resisting arrest during an incident that occurred when he was 15. The underlying arrest was originally charged with 3 counts including one for marijuana possession. He pled no contest to the resisting arrest charge and the other two were dismissed as part of the process of a plea bargain. He will be released from juvenile probation when he is 19, or if we depart the jurisdiction before that time.
If our family wishes relocate to Oz, he will be 18 by that time and will likely wish to accompany us. My eldest child will be 21. What are the immigration ramifications of the above, if any? Will my son be allowed a visa despite the juvenile conviction or probation, or will he have to independently qualified for one since he will be 18 at the time of the move? Will my 21 year old daughter be allowed to travel also? Finally, where is the best place to get general information about immigration to Oz?
Thanks for your help.
Nov 29th 2003, 9:33 pm
#2
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,862
Re: Question Re: Minor's Criminal Record
Hi,
Thought I recognised the name from my forays into the US forums.
Welcome to the Aussie side of things!!
The main site for Oz immigration is www.immi.gov.au
I'm not sure but I think your kids would have to apply independently. The best thing would really be - especially with the criminal record issue - to speak to an immigration agent, some of them use this forum, so they might pick the questions up anyway. I didn't use an agent myself, but have had some good answers from Alan Collett of Go Matilda, and a lot of others have given him good reports.
Good luck!
Thought I recognised the name from my forays into the US forums.
Welcome to the Aussie side of things!!
The main site for Oz immigration is www.immi.gov.au
I'm not sure but I think your kids would have to apply independently. The best thing would really be - especially with the criminal record issue - to speak to an immigration agent, some of them use this forum, so they might pick the questions up anyway. I didn't use an agent myself, but have had some good answers from Alan Collett of Go Matilda, and a lot of others have given him good reports.
Good luck!
Last edited by Pollyana; Nov 30th 2003 at 11:13 pm.
Nov 30th 2003, 9:38 am
#3
Joined: Aug 2003
Posts: 11,149
Re: Question Re: Minor's Criminal Record
Originally posted by Dekka's Angel
I am normally a denizen of the Marriage Based Immigration Boards, but find myself posting here for information. My husband has been in the US now for 5 months, and while our marriage is a happy one, we are seriously considering relocating to Oz because of the state of the local economy in our area and the fact that our money simply will buy far more in Oz than it will in the US -- i.e. a house free and clear. My husband believes that he can handily support my entire family on his salary in Oz, has a job waiting for him there that he has confirmed he can return to in a heartbeat if he ever goes home, and so we have been discussing possibilities.
This raises a serious question. I have three kids, a 20 year old, a 13 year old and a a 17 year old son. My son was convicted at 16 for resisting arrest during an incident that occurred when he was 15. The underlying arrest was originally charged with 3 counts including one for marijuana possession. He pled no contest to the resisting arrest charge and the other two were dismissed as part of the process of a plea bargain. He will be released from juvenile probation when he is 19, or if we depart the jurisdiction before that time.
If our family wishes relocate to Oz, he will be 18 by that time and will likely wish to accompany us. My eldest child will be 21. What are the immigration ramifications of the above, if any? Will my son be allowed a visa despite the juvenile conviction or probation, or will he have to independently qualified for one since he will be 18 at the time of the move? Will my 21 year old daughter be allowed to travel also? Finally, where is the best place to get general information about immigration to Oz?
Thanks for your help.
I am normally a denizen of the Marriage Based Immigration Boards, but find myself posting here for information. My husband has been in the US now for 5 months, and while our marriage is a happy one, we are seriously considering relocating to Oz because of the state of the local economy in our area and the fact that our money simply will buy far more in Oz than it will in the US -- i.e. a house free and clear. My husband believes that he can handily support my entire family on his salary in Oz, has a job waiting for him there that he has confirmed he can return to in a heartbeat if he ever goes home, and so we have been discussing possibilities.
This raises a serious question. I have three kids, a 20 year old, a 13 year old and a a 17 year old son. My son was convicted at 16 for resisting arrest during an incident that occurred when he was 15. The underlying arrest was originally charged with 3 counts including one for marijuana possession. He pled no contest to the resisting arrest charge and the other two were dismissed as part of the process of a plea bargain. He will be released from juvenile probation when he is 19, or if we depart the jurisdiction before that time.
If our family wishes relocate to Oz, he will be 18 by that time and will likely wish to accompany us. My eldest child will be 21. What are the immigration ramifications of the above, if any? Will my son be allowed a visa despite the juvenile conviction or probation, or will he have to independently qualified for one since he will be 18 at the time of the move? Will my 21 year old daughter be allowed to travel also? Finally, where is the best place to get general information about immigration to Oz?
Thanks for your help.
On the flip side I enjoy living here and won't be returning to the UK anytime soon despite that local housing is as unaffordable as the SE UK and I earn less money and pay more tax.
This is the DIMIA faq on character checks.
http://www.immi.gov.au/facts/79character.htm#2
Nov 30th 2003, 8:09 pm
#4
Guest
Posts: n/a
Re: Question Re: Minor's Criminal Record
Get some professional advice on the criminal record side of things -
it's too complex for online forums. The 'one-fails-all-fail' rule can
mean that an entire family's PR application is refused because of a
health or character issue with one family member.
Children aged 18-24 inclusive may be considered dependent if they are
still supported by their parents, and are unmarried (and not engaged
or in a de-facto relationship). However, this area can get complex
too, and professional advice is also recommended.
Jeremy
>On Sun, 30 Nov 2003 10:33:44 +0000, Pollyana <member7609@british_expats.com> wrote:
>Hi,
>Thought I recognised the name from my forays into the US forums.
>Welcome to the Aussie side of things!!
>The main site for Oz immigration is www.immi.gov.au
>I'm not sure but I think your kids would have to apply independently.
>The best thing would really be - especially with the criminal record
>issue - to speak to an immigration agent, some of them use this forum,
>so might pick the questions up anyway. I didn't use an agent myself, but
>have had some good answers from Alan Collett of Go Atilda, and a lot of
>others have given him good reports.
>Good luck!
>--
>Posted via http://britishexpats.com
This is not intended to be legal advice in any jurisdiction
it's too complex for online forums. The 'one-fails-all-fail' rule can
mean that an entire family's PR application is refused because of a
health or character issue with one family member.
Children aged 18-24 inclusive may be considered dependent if they are
still supported by their parents, and are unmarried (and not engaged
or in a de-facto relationship). However, this area can get complex
too, and professional advice is also recommended.
Jeremy
>On Sun, 30 Nov 2003 10:33:44 +0000, Pollyana <member7609@british_expats.com> wrote:
>Hi,
>Thought I recognised the name from my forays into the US forums.
>Welcome to the Aussie side of things!!
>The main site for Oz immigration is www.immi.gov.au
>I'm not sure but I think your kids would have to apply independently.
>The best thing would really be - especially with the criminal record
>issue - to speak to an immigration agent, some of them use this forum,
>so might pick the questions up anyway. I didn't use an agent myself, but
>have had some good answers from Alan Collett of Go Atilda, and a lot of
>others have given him good reports.
>Good luck!
>--
>Posted via http://britishexpats.com
This is not intended to be legal advice in any jurisdiction
Nov 30th 2003, 9:35 pm
#5
Guest
Posts: n/a
Re: Question Re: Minor's Criminal Record
Dear D.A.
Basically your kids can be included after turning 18 if they are still
students, the criminal record of any person would be assessed according to
the objective criteria, which boil down to not having a one year sentence or
a lesser sentence and some particularly bad crime involving sexual assault
or drugs. If he is on three years juvenile probation that doesn't sound
good, but a lot would turn on whether it is a suspended sentence or just a
period within which he must not reoffend.
Where it's serious, we normally engage the services of a consultant
criminologist with experience in sentencing procedures in Australian courts,
but I couldn't give a complete view of your need for such assistance without
seeing the official documentation.
Cheers
George Lombard
--
www.austimmigration.com.au
"Dekka's Angel" <member8849@british_expats.com> wrote in message
news:[email protected]...
> I am normally a denizen of the Marriage Based Immigration Boards, but
> find myself posting here for information. My husband has been in the US
> now for 5 months, and while our marriage is a happy one, we are
> seriously considering relocating to Oz because of the state of the local
> economy in our area and the fact that our money simply will buy far more
> in Oz than it will in the US -- i.e. a house free and clear. My husband
> believes that he can handily support my entire family on his salary in
> Oz, has a job waiting for him there that he has confirmed he can return
> to in a heartbeat if he ever goes home, and so we have been discussing
> possibilities.
> This raises a serious question. I have three kids, a 20 year old, a 13
> year old and a a 17 year old son. My son was convicted at 16 for
> resisting arrest during an incident that occurred when he was 15. The
> underlying arrest was originally charged with 3 counts including one for
> marijuana possession. He pled no contest to the resisting arrest charge
> and the other two were dismissed as part of the process of a plea
> bargain. He will be released from juvenile probation when he is 19, or
> if we depart the jurisdiction before that time.
> If our family wishes relocate to Oz, he will be 18 by that time and
> will likely wish to accompany us. My eldest child will be 21. What
> are the immigration ramifications of the above, if any? Will my son be
> allowed a visa despite the juvenile conviction or probation, or will he
> have to independently qualified for one since he will be 18 at the time
> of the move? Will my 21 year old daughter be allowed to travel also?
> Finally, where is the best place to get general information about
> immigration to Oz?
> Thanks for your help.
> --
> Dekka's Angel
> Posted via http://britishexpats.com
Basically your kids can be included after turning 18 if they are still
students, the criminal record of any person would be assessed according to
the objective criteria, which boil down to not having a one year sentence or
a lesser sentence and some particularly bad crime involving sexual assault
or drugs. If he is on three years juvenile probation that doesn't sound
good, but a lot would turn on whether it is a suspended sentence or just a
period within which he must not reoffend.
Where it's serious, we normally engage the services of a consultant
criminologist with experience in sentencing procedures in Australian courts,
but I couldn't give a complete view of your need for such assistance without
seeing the official documentation.
Cheers
George Lombard
--
www.austimmigration.com.au
"Dekka's Angel" <member8849@british_expats.com> wrote in message
news:[email protected]...
> I am normally a denizen of the Marriage Based Immigration Boards, but
> find myself posting here for information. My husband has been in the US
> now for 5 months, and while our marriage is a happy one, we are
> seriously considering relocating to Oz because of the state of the local
> economy in our area and the fact that our money simply will buy far more
> in Oz than it will in the US -- i.e. a house free and clear. My husband
> believes that he can handily support my entire family on his salary in
> Oz, has a job waiting for him there that he has confirmed he can return
> to in a heartbeat if he ever goes home, and so we have been discussing
> possibilities.
> This raises a serious question. I have three kids, a 20 year old, a 13
> year old and a a 17 year old son. My son was convicted at 16 for
> resisting arrest during an incident that occurred when he was 15. The
> underlying arrest was originally charged with 3 counts including one for
> marijuana possession. He pled no contest to the resisting arrest charge
> and the other two were dismissed as part of the process of a plea
> bargain. He will be released from juvenile probation when he is 19, or
> if we depart the jurisdiction before that time.
> If our family wishes relocate to Oz, he will be 18 by that time and
> will likely wish to accompany us. My eldest child will be 21. What
> are the immigration ramifications of the above, if any? Will my son be
> allowed a visa despite the juvenile conviction or probation, or will he
> have to independently qualified for one since he will be 18 at the time
> of the move? Will my 21 year old daughter be allowed to travel also?
> Finally, where is the best place to get general information about
> immigration to Oz?
> Thanks for your help.
> --
> Dekka's Angel
> Posted via http://britishexpats.com
Dec 1st 2003, 2:21 am
#6
BE Forum Addict
Thread Starter
Joined: Feb 2003
Posts: 1,350
Re: Question Re: Minor's Criminal Record
Originally posted by bondipom
Do some serious research on the Aussie economy and house prices. For a start try www.domain.com.au . For Sydney and increasingly in the regional capitals the big cheap house lots of land thing is a myth. It is relative to what you are coming from. Not too many people have become wealthier from migrating to Oz and the %52 pommie return rate is an indicator of what you will be getting yourself into.
On the flip side I enjoy living here and won't be returning to the UK anytime soon despite that local housing is as unaffordable as the SE UK and I earn less money and pay more tax.
This is the DIMIA faq on character checks.
http://www.immi.gov.au/facts/79character.htm#2
Do some serious research on the Aussie economy and house prices. For a start try www.domain.com.au . For Sydney and increasingly in the regional capitals the big cheap house lots of land thing is a myth. It is relative to what you are coming from. Not too many people have become wealthier from migrating to Oz and the %52 pommie return rate is an indicator of what you will be getting yourself into.
On the flip side I enjoy living here and won't be returning to the UK anytime soon despite that local housing is as unaffordable as the SE UK and I earn less money and pay more tax.
This is the DIMIA faq on character checks.
http://www.immi.gov.au/facts/79character.htm#2
Thanks to everyone who has provided information. Does anyone have the name of a reputable migration agent who can provide general advice while we are at this investigatory stage of things?
