SShinichi

Hi Everyone,

I'm new to this forum so sorry If the answer to this question is deep in old threads but I guess no two cases are the same either!

I've recently graduated University and planning to go travelling with my good friend December/January time and have been looking into working Holiday Visas. The issue for me is that I do have a Criminal Record for Assault occasioning ABH (I'm from the UK) which is now spent under the Rehabilitation of Offenders Act 2014 - I was sentenced to a Community Order and a fine in court - it took place in 2016 - so it's not very old but is now spent under that law (which applies to the UK).

My query today is really what my options are realistically when it comes to applying for Working Holiday Visas.

I've taken a long look at Australia, from the entry requirements I believe I meet them, I served no prison time and the conviction is now spent and wouldn't classify as something that disproves good character. I also did some research into New Zealand and I believe this to be a similar situation as I pass the good character test (on the basis of the website entry requirements).

Another option my friend wants to take a look at is Canada - Now from what I'm aware they go off of the 1974 Act which states a conviction isn't deemed spent for 10 years and then you are deemed rehabilitated - You can however apply for rehabilitation if you're not accepted through the ETA but I'm just not sure what there stance is. I thought that since I've not re-offended in the time (even though Inno it's a short period) since and have gone on to graduate and complete my order I may be able to discuss being rehabilitated (may be slim inno)

I'm also getting told by a visa company it's worth just applying to see what they say (they're obviously just trying to make a quick book out of me - £330 for their fees and then the obvious £150 for government fees on top makes it an expensive gamble) considering trying it direct to cut costs but thought I'd do some research first.

I wanted to just reach out to some people on here to see if any are more knowledgable than myself on the situation - I've tried to contact the embassies however they never seem to answer

I suppose my main questions would be;

1, Am I correct on the way Australian and New Zealand visas work and on face value at least be eligible?

2, Has anyone any knowledge of the Canadian process for rehabilitation and do you believe it would be worth making an application?

3, Are there any other countries I should take a look at in terms of working holiday possibilities and any I should be wary or avoid with my current situation?

I appreciate any and all help, and fully understand my situation isn't Ideal. Following that I respect that I made a mistake and have to deal with the consequences and have been completely forthcoming in the post to try and get the clearest information possible so please feel free to be honest.

Thanks for taking the time to read through

christmasoompa

Hi, welcome to BE.

Not a clue about Oz or NZ I'm afraid, but I'd forget Canada - you're not even eligible to apply for rehab until at least 5 years from the end of sentence (which in your case will be the date you paid the fine or the date the community order ended, whichever came last).

So I'd head Down Under instead!

Best of luck.

SShinichi

Hi Christmasoompa,

Yeah I believe that's the route i'm going to take if Canada isn't plausible.

I can't post a URL To Temporary resident permits due to having less than five posts but i contacted a criminal charity here in the UK who made me aware it would be a plausible route for me to take? what's your thoughts on this method?

Kind Regards

Pollyana

SShinichi

Hi Pollyana,

Thanks for the response!

When you say Recent cases where someone has had a criminal record have been taking several months to process, can I assume you work within the immigration department?

I'm happy to wait also if that's the process, do you know on average how many months the process has been taking so I can apply in a timely manner?

Once again thanks for the help!

BritInParis

The Rehabilitation of Offenders Act 1974 isn't recognised outside the UK so having a 'spent' or 'stepped-down' offence is meaningless for most other legal jurisdictions. You have a recent conviction for violence; not good. However you were not sentenced to any prison time - suspended or otherwise - so that's a positive. Context will also be important. If you're applying for an Australian visa then they will be keen to know the circumstances. Domestic violence is going to be a lot more heavily scrutinised than a pub brawl. I would obtain an ACRO Police Certificate and provide a written statement giving the circumstances of the crime, any mitigating circumstances and the efforts you have made to rehabilitate yourself. Doing this from the get-go should reduce the time it takes to process your application but you should still be prepared for a long wait. Give yourself six months and it arrives sooner then that's a bonus. As with any visa you shouldn't book flights or make any concrete plans until you have your grant notification.

christmasoompa

TRP's are for those that have a good reason to be in Canada before the 5 year period is up, but you do need a very good reason - something like a business trip that's essential to your job, or visiting for a close relative's funeral etc. Wanting a working holiday isn't going to be a good enough reason IMO. You have to show a 'need' to enter Canada, not a 'want'.

I would just focus on Oz or NZ personally, and then maybe try Canada in a few years time. Unfortunately Canada and the US are pretty draconian when it comes to criminal convictions, but hopefully Oz and NZ will be more welcoming to you.

Rete

Hi and welcome to BE

We are happy that you have joined our community.

Unfortunately, your thread is not one of introduction but one that requires a continuing dialogue and as such may I suggest that you repost your thread in the more appropriate forums, i.e. Australian and/or New Zealand for answers to your questions on your criminal history and a visa.

Those forums can be found here:



http://britishexpats.com/forum/new-zealand-83/



http://britishexpats.com/forum/australia-54/

SShinichi

Hi Rete,

I do apolagise I'll make those changes now!

Jerseygirl

Welcome to BE.

As this forum is purely to welcome new members to BE...I suggest you repost your questions in the appropriate forum. If you click on the link below you will see a list of countries that our forums cover. Please repost in the appropriate forum...or let me know what country you are interested in and I will move this thread for you.

https://britishexpats.com/forum/livi...ing-abroad-53/

You can contact me here...https://britishexpats.com/forum/priv...=newpm&u=46095

Thread closed.


Edit: The OP has opened a new thread in the Australia forum here...

Working Holiday Visa - Criminal Record