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ETA tourist visa ??criminal record help!!!!!!

ETA tourist visa ??criminal record help!!!!!!

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Old Jun 27th 2004, 12:30 am
  #1  
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Default ETA tourist visa ??criminal record help!!!!!!

Hi my fiancee and i are travelling to aus in jan as part of a round the world trip.
We will be in oz for about a month and the uk comes under ETA tourist visa.
I have been told by someone at go matilda when asking about emigrating that if i have HAD a couple driving bans (1 drink driving,1 drunk in charge, 6 and 9 years ago,) and other tiny offences in my long and distant past that i would haved to apply in person to the aussie embassy in london,otherwise i may be refused entry when we get there?????

IS THIS TRUE??

surely all the people going through an airport like sydney a day they cant ask everyones history as it takes 40days in the uk to come through now??

Should i do as ive been told about presenting my case to australia house or am i being sent the wrong information, as i live in manchester 250 miles away and work 6 days a week??

Please help

alk
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Old Jun 27th 2004, 3:11 am
  #2  
Roger Martin
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Default Re: ETA tourist visa ??criminal record help!!!!!!

"alkristensen" <[email protected]> wrote in message
news:[email protected]...
    > Hi my fiancee and i are travelling to aus in jan as part of a round the
    > world trip.
    > We will be in oz for about a month and the uk comes under
    > ETA tourist visa.
    > I have been told by someone at go matilda when asking
    > about emigrating that if i have HAD a couple driving bans (1 drink
    > driving,1 drunk in charge, 6 and 9 years ago,) and other tiny offences
    > in my long and distant past that i would haved to apply in person to
    > the aussie embassy in london,otherwise i may be refused entry when we
    > get there?????
    > IS THIS TRUE??
    > surely all the people going through an
    > airport like sydney a day they cant ask everyones history as it takes
    > 40days in the uk to come through now??
    > Should i do as ive been told
    > about presenting my case to australia house or am i being sent the wrong
    > information, as i live in manchester 250 miles away and work 6 days a
    > week??
    > Please help
    > alk
    > --
    > themensroom
    > Posted via http://britishexpats.com

I'd just go ahead and apply for the ETA - I dont think that drink driving is
considered a criminal offence - I maybe wrong, but I think "criminal"
involves offences along the lines of theft, assault, drug trafficking,
beating us at rugby union. For offences committed as a minor you would have
no problem about not disclosing them and other "old" convictions over about
9 years ago.

You may find it impossible to rent a vehicle though.

-- Check out a few BMW & Land Rover parts for sale
http://cgi6.ebay.com.au/ws/eBayISAPI...sort=3&rows=50
 
Old Jun 27th 2004, 9:42 am
  #3  
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Default Re: ETA tourist visa ??criminal record help!!!!!!

Hi i need to know a definite answer please as its a long way to be turned back \from!!

al
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Old Jun 27th 2004, 12:24 pm
  #4  
Dave Noble
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Default Re: ETA tourist visa ??criminal record help!!!!!!

On Sun, 27 Jun 2004 00:30:18 +0000, alkristensen
<[email protected]> wrote:

    >Hi my fiancee and i are travelling to aus in jan as part of a round the
    >world trip.
    >We will be in oz for about a month and the uk comes under
    >ETA tourist visa.
    >I have been told by someone at go matilda when asking
    >about emigrating that if i have HAD a couple driving bans (1 drink
    >driving,1 drunk in charge, 6 and 9 years ago,) and other tiny offences
    >in my long and distant past that i would haved to apply in person to
    >the aussie embassy in london,otherwise i may be refused entry when we
    >get there?????
    >IS THIS TRUE??
    >surely all the people going through an
    >airport like sydney a day they cant ask everyones history as it takes
    >40days in the uk to come through now??

The answer is quite clearly on the Australian immigration website.

"For both types of ETA available through this site, remember that you
will not be permitted to enter Australia unless you are in good health
and have no criminal convictions."

If you have a criminal conviction then you need to apply for a tourist
visa. There is nothing on there that says that certain convictions are
exempt.

If you attempt to enter on an ETA you may well be refused entry and
sent back as well as being prohibited future entry into the country


Dave
 
Old Jun 27th 2004, 7:29 pm
  #5  
Jan
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Default Re: ETA tourist visa ??criminal record help!!!!!!

alkristensen wrote:
    > Hi i need to know a definite answer please as its a long way to be
    > turned back \from!!
    > al

Why not contact Australia House and ask their advice? see
http://www.australia.org.uk/vti/html/

Jan
 
Old Jun 30th 2004, 5:24 pm
  #6  
Ralph
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Default Re: ETA tourist visa ??criminal record help!!!!!!

    > The answer is quite clearly on the Australian immigration website.
    >
    > "For both types of ETA available through this site, remember that you
    > will not be permitted to enter Australia unless you are in good health
    > and have no criminal convictions."

The other poster has a point, however. To the best of my knowledge,
"Criminal conviction" is a technical term used in law and implies a
certain kind of offense - not every offense is a crime!

OP: Just find out if the offenses committed are considered criminal in
British law (doubt it) - it won't be different in Australia (highly
similar legal system).

Cheers,
R
 
Old Jun 30th 2004, 9:09 pm
  #7  
Dave Noble
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Default Re: ETA tourist visa ??criminal record help!!!!!!

On Wed, 30 Jun 2004 19:24:59 +0200, Ralph <[email protected]> wrote:

    >> The answer is quite clearly on the Australian immigration website.
    >>
    >> "For both types of ETA available through this site, remember that you
    >> will not be permitted to enter Australia unless you are in good health
    >> and have no criminal convictions."
    >The other poster has a point, however. To the best of my knowledge,
    >"Criminal conviction" is a technical term used in law and implies a
    >certain kind of offense - not every offense is a crime!
    >OP: Just find out if the offenses committed are considered criminal in
    >British law (doubt it) - it won't be different in Australia (highly
    >similar legal system).

It is quite easy. If the person went to a magistrates or crown court
court and pled guilty or was found guilty then he has a criminal
conviction.

Dave
 
Old Jul 3rd 2004, 6:19 am
  #8  
Roger Martin
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Default Re: ETA tourist visa ??criminal record help!!!!!!

Found this on the Immigration Dept website

The test puts the onus on visa applicants, and visa holders already in
Australia, to prove that they are of good character.

The provision also contains discretionary powers to either refuse or cancel
visas when issues of character arise.

A person will fail the character test when:

the person has a substantial criminal record, defined as where the person
has been:

sentenced to a term of imprisonment for 12 months or more, or
sentenced to either death or life imprisonment, or
sentenced to two or more terms of imprisonment (whether on one or more
occasions), where the total of those terms is two years or more, or
acquitted of an offence on the grounds of either unsoundness of mind or
insanity and, as a result, the person has been detained in a facility or
institution,
the person either has, or has had, an association with an individual, group
or organisation suspected of having been, or being, involved in criminal
conduct,
there is a significant risk that the person will engage in criminal conduct
in Australia; harass, molest, intimidate or stalk another person in
Australia; vilify a segment of the Australian community; or incite discord
in the Australian community or in a segment of that community,
having regard to the person's past and present criminal conduct, the person
is found not to be of good character, and
having regard to the person's past and present general conduct, the person
is found to be not of good character.
A person whose visa is cancelled on criminal grounds is permanently excluded
from Australia.
 
Old Jul 28th 2004, 3:38 pm
  #9  
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Joined: May 2004
Location: Cardiff, South Wales
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Default Re: ETA tourist visa ??criminal record help!!!!!!

Yes, my boyfriend had a conviction for breaking a window 10 years ago whilst drinking with mates!!! He had to apply for a visitor's visa on the form 48 which you can get from the dima website. Fill it in and send it off to London with £25, We also sent a police check. The visa came back in the passport within a week. No problems!
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