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Subclass 457 Visa- Client Info Questionnaire

Subclass 457 Visa- Client Info Questionnaire

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Old Mar 26th 2016, 10:00 pm
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Default Subclass 457 Visa- Client Info Questionnaire

Hi,
Really good forum.

Can someone shed some light on my visa application.
I'm being sponsored for the subclass 457 visa, the company's visa agent has been in contact with me, she requires a client information questionnaire (Temp Visa Questionnaire)to be filled out. Apparently this isn't a visa application form it's only for the agent to gather more information.

On the questionnaire it's asking about criminal convictions.
In the past I have had two community orders (probation periods) lasting over 12 months, with other offences like criminal damage charges, these are spanning over 10 years ago to last year. I have sent off for police check and awaiting to see exactly the extent.

What do you guys think, will I be granted a Visa or will I be wasting my time and money applying?
Why does the agent want to know about these in the client information questionnaire? I thought immigration would only ask for police check if they suspected anything.

Thanks,
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Old Mar 26th 2016, 11:05 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by pocket11
Hi,
Really good forum.

Can someone shed some light on my visa application.
I'm being sponsored for the subclass 457 visa, the company's visa agent has been in contact with me, she requires a client information questionnaire (Temp Visa Questionnaire)to be filled out. Apparently this isn't a visa application form it's only for the agent to gather more information.

On the questionnaire it's asking about criminal convictions.
In the past I have had two community orders (probation periods) lasting over 12 months, with other offences like criminal damage charges, these are spanning over 10 years ago to last year. I have sent off for police check and awaiting to see exactly the extent.

What do you guys think, will I be granted a Visa or will I be wasting my time and money applying?
Why does the agent want to know about these in the client information questionnaire? I thought immigration would only ask for police check if they suspected anything.

Thanks,
Hi

All applicants for temporary or permanent migration are required to meet character requirements.

From DIBP website :

How character is assessed

You will not pass the character test if:
•you have a substantial criminal record, meaning you have been sentenced to 12 months or more in prison, or multiple sentences that add up to more than 12 months in prison. A suspended sentence is considered a prison sentence.
•you have been convicted of escaping from immigration detention, or convicted for an offence that you committed: ◦while you were in immigration detention
◦during an escape from immigration detention
◦after an escape, but before you were taken into immigration detention again.

•you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister for Immigration reasonably suspects of involvement in criminal conduct
•the Minister for Immigration reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
•your past and present criminal or general conduct shows that you are not of good character
•there is a risk that while you are in Australia you would: ◦engage in criminal conduct
◦harass, molest, intimidate or stalk another person
◦vilify a segment of the Australian community
◦incite discord in the Australian community or in a part of it
◦be a danger to the Australian community or a part of it.

•you have been convicted of, or found guilty or had a charge proven for one or more sexually based offences involving a child,
•you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
•you are subject to an Interpol notice, from which it is reasonable to infer that you a direct or indirect risk to the Australian community, or a segment of the Australian community.
You need to be completely honest when applying for a visa, and you will need to supply police checks to DIBP. The agent wants to know if there is any reason why you would not get a visa as there is additional expenses to the sponsor and if it is unlikely you would get a visa they may not want to proceed.
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Old Mar 27th 2016, 12:06 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Doesn't look good for me then. I'm waiting for police check. Will have to evaluate exactly what shows up as can't remember sentences.

Slightly peeved off now.

It's not easy keeping a clean slate when you live in a rough neighbourhood, no matter how good a person you actually are.
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Old Mar 27th 2016, 12:58 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by pocket11
Doesn't look good for me then. I'm waiting for police check. Will have to evaluate exactly what shows up as can't remember sentences.

Slightly peeved off now.

It's not easy keeping a clean slate when you live in a rough neighbourhood, no matter how good a person you actually are.
Having lived in some not very good areas myself, will have to disagree with you on that - but that's not the point. The point is that you do have a record, and you may be inadmissible, but only DIBP can tell you for certain. Have you been to Australia before?
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Old Mar 27th 2016, 3:44 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by pocket11
Doesn't look good for me then. I'm waiting for police check. Will have to evaluate exactly what shows up as can't remember sentences.

Slightly peeved off now.

It's not easy keeping a clean slate when you live in a rough neighbourhood, no matter how good a person you actually are.
Unless you have had a custodial or suspended sentence of over 12 months, a criminal record will be unlikely to prevent a visa grant. That seems oretty reasonable to me and nothing to be peeved off about.

One thing you will need to show though, is remorse and taking responsibility for your past actions. Blaming it on the neighbourhood and / or other people is not going to help. And thankfully most people do manage to keep a clean slate.
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Old Mar 27th 2016, 3:50 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

I think the worry may be that OP says record ranges from 10 years ago to last year.
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Old Mar 27th 2016, 4:34 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by old.sparkles
I think the worry may be that OP says record ranges from 10 years ago to last year.
Yes you are right, I skim read and thought it was a record from ten years ago. That the offences are recent and repeat will likely put things into a different light with immigration.
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Old Mar 27th 2016, 8:21 am
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by Bermudashorts
Yes you are right, I skim read and thought it was a record from ten years ago. That the offences are recent and repeat will likely put things into a different light with immigration.
Especially as they are looking into character issues a lot more now.

In the OPs favour, its a 457 not a permanent residence visa, but I reckon they should be prepared to offer mitgating circumstances, character references etc, and the processing will take longer than normal.
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Old Mar 27th 2016, 12:40 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by pocket11

It's not easy keeping a clean slate when you live in a rough neighbourhood, no matter how good a person you actually are.
Seriously? My partner grew up in a rough area and has managed to live the last 54 years with a spotless slate.

How about taking some responsibility for your actions and not blame your surroundings for your criminality?
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Old Mar 27th 2016, 12:58 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by Dorothy
Seriously? My partner grew up in a rough area and has managed to live the last 54 years with a spotless slate.

How about taking some responsibility for your actions and not blame your surroundings for your criminality?
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Old Mar 27th 2016, 1:20 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by Dorothy
Seriously? My partner grew up in a rough area and has managed to live the last 54 years with a spotless slate.

How about taking some responsibility for your actions and not blame your surroundings for your criminality?
I have already sent you karma but want to publicly endorse your post. The town of my upbringing has recently been announced as the most deprived area in the UK. But I am a successful chartered accountant and my sisters are also very successful in their careers, one in the hospitality industry and the other a nurse. During my childhood we endured many years of unemployment and hardship but nobody in my family has a criminal record.

My husband is from a working class family from another deprived area of the UK.. In all honesty, I worry about parking my car there when we visit. There is s little story they tell me about him as an eight year old asking whether he should use the "dry teabags" (that is the already used ones) when the family came to visit. But my husband and his two brothers are also successful people with careers and no criminal records.

The OP assertation that people from deprived backgrounds must be criminals is frankly insulting.
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Old Mar 27th 2016, 1:22 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by Dorothy
Seriously? My partner grew up in a rough area and has managed to live the last 54 years with a spotless slate.

How about taking some responsibility for your actions and not blame your surroundings for your criminality?
Well said Dorothy . I Was homeless and without any family support, not by choice btw, at the age of 13 onwards, yet somehow managed to finish high school, uni and get a trade to boost, with a clean slate and all without any support and rowdy crowd telling me there was an "easier way". Comes down to choices.
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Old Mar 27th 2016, 1:27 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Lets not take this thread down the moral compass road. The OP wanted to know his chances having criminal record. I think we've established it's going to be tricky.

Let's not put the boot in and hear everyone's story, unless you've some positive suggestions on his dilemma.
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Old Mar 27th 2016, 1:29 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by teza
Well said Dorothy . I Was homeless and without any family support, not by choice btw, at the age of 13 onwards, yet somehow managed to finish high school, uni and get a trade to boost, with a clean slate and all without any support and rowdy crowd telling me there was an "easier way". Comes down to choices.
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Old Mar 27th 2016, 1:38 pm
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Default Re: Subclass 457 Visa- Client Info Questionnaire

Originally Posted by pocket11
Lets not take this thread down the moral compass road. The OP wanted to know his chances having criminal record. I think we've established it's going to be tricky.

Let's not put the boot in and hear everyone's story, unless you've some positive suggestions on his dilemma.
People with criminal records that are seeking a visa to Australia need to show remorse and need to show that they have learnt and grown from their experiences. Whining that they had a hard life will not reflect well on the immigration process.
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