WHV Visa with a Criminal Record - What’s the process?

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WHV Visa with a Criminal Record - What’s the process?

Avatar for Timebomb
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Joined 2008-01-21

Hi

I know these questions come up quite a lot but I’m looking for more information about applying for a Working Holiday Visa in Australia.  I have a conviction from 2001 and I realise that I’d have to state this on my application but what happens from there on?

Would I then need to claim records from the police and pass them on etc?

I got a fine for the offence so I don’t think it would prevent me from getting the visa so that’s no real problem.

What happens if you state you don’t have any convictions?  Do they just fire it through as normal no problem?  Has anyone done this or have any feedback from their own experiences?

     
Avatar for tommarvelle
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Well, even for a Police Caution you often need to (but not always) provide copies of the documentation and then give a few character references. It’s a bit of a lottery - some people are asked to provide details of cautions and convictions, but others aren’t.

Anyways, with an actual conviction it can be more complicated.

Just apply anyway and they’ll come back to you to let you know what they want from you. If they’re going to check you, they will ask you to provide them with references and full details of the caution/conviction.

A lot of it depends on the actual crime. Basically, they’re keen to prevent ex-inmates from getting visas, but for non-custodial offenders it’s often fine.

Don’t omit to tell them, though. They only conduct a few checks when you file for a WHV, but one of those is a criminal record check. If you don’t tell them, don’t expect a WHV.

The irony of Australia not letting in criminals isn’t lost on me.

     
Avatar for Timebomb
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Thanks for your response..  The Australian site seems to paint a more positive picture of the situation, going on about how having a ‘substantial’ criminal record would be a no-go so I think I’ll be alright.  I think you’re right about just being upfront and honest with them, seems the best policy.

     
deleted-user

when i applyed for my whv with the misses on the same night she got hers the next day but mine took 6 weeks to come through

because i was honest and told then about a driving conviction i went to court for and i got a fine for

they asked me to prvide all the details of the incedent which i did and i gave them a police check that came up clear

i did get the visa but as i said i waited 6 weeks and we had to move our leaving date as i got the visa 4 days before we were ment to be leaving

not long to go now tho 14 days and iam away

just give your self plenty of time when you apply

     
deleted-user

My other half has had some convictions (2 driving, 1 drunk and disorderly) but these were years ago.  Do you still have to declare these if the conviction was more than 5 years old, as I was under the impression that your record was cleared after a number of years if you didn’t re-offend?

     
deleted-user

Ive got a conviction from 2001 would that still be on my file? I recieved a fine and probation, getting a bit worried now that my visa might get declined.

I was young and stupid and got into a fight in a bar was along time ago now hopefully it will be ok

Any advice would be cool, have but it down on my visa application.

     
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Joined 2006-10-31

hey toby dont worry about it, my ex was in a fight in a bar one night and got found guilty for breach of the peace & arristing arrest and got a fine and he got his visa approved! we’ve just got bak from being over there for 6mths so really u shouldnt worry about it! any more questions aska away!smile xx

     
deleted-user

uuuum. gah, i got arrested for drunk and disorderly….got a fine and a night in the cells but nothin else… wonder if i shud tell them like? it was like 2006.
arg this is annoying. lol

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nevermind i got the answer ::

The fine system works much like that for parking or speeding tickets. Payment of the penalty notice must be made within 21 days but involves no admission of guilt and doesn’t give you a criminal record. If you deny the charge you can choose to be tried in court, but may receive a higher fine.


awesome :D
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Avatar for tommarvelle
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Ive got a conviction from 2001 would that still be on my file? I recieved a fine and probation, getting a bit worried now that my visa might get declined.

I was young and stupid and got into a fight in a bar was along time ago now hopefully it will be ok

Any advice would be cool, have but it down on my visa application.


Hi mate.

It’s a bit of a lottery with regards the implications for criminal records and getting working holiday visas. Some people have to produce extra documenation, while others have no problems, even when they’ve declared everything.

I know that part of the reason is to do with the type of crime, but other than that it’s just a case of see how it goes when applying.

Let us know how you get on. I’m no authority, but judging by other people’s experiences I very much doubt you’ll be declined for a WHV with the record you’ve got, so long as you’re honest.

The checking procedures the Aussie government use on all fronts are evolving all the time, so just relying on accounts of other people’s past experiences is not particularly reliable. Things change.

Just see how you get on and keep us posted. I reckon you’ll be fine, but as others who’ve posted on here before have experienced, you may have to produce some extra documentation.

 

     
Avatar for Timebomb
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Hi

A short update on my recent success with getting my WHV.

This was some I was quite worried about and I’m sure many others here have been as well so I’ll share my experiences if it helps.

I applied for the WHV on the Australian Immigration website and after indicating I had previous convictions I received an emailing asking for a description of the charges and a copy of my record at the National Police computer.  I had been convicted of possession of a knife several years ago and got fined £100, and was also fined for possession of a small amount of hash so I penned a few paragraphs about how the situation came about and attached scanned copies of the police reports.  I had actually been fined a few other times for minor crimes like drinking in the street but these weren’t on the police report so I left them off.

About 2 weeks later I received the email confirming the visa had been granted.

I think as long as you haven’t been jailed and are completely honest with them most people should be fine.  I hope this has put a few peoples minds at rest.

So now it’s on to the really hard part - saving up!

     
Avatar for Bottay
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:D hey im worried about this as my Bf was a prat when he was younger and had a few scrapes with the law TDA was one of them. He had a police report before which came back clear, does this still need to be provided just to show that he hasn’t reoffended? I just got my WHV confirmed i really hope his past doen’t ruin it for him :cry:

Can he apply now online and declare the offences. he is awaiting a fresh police report, does he need to have this in hand before he applies for the visa?

Also if he was to be rejected for a whv can is he still eligible for a tourist visa?

     
Avatar for Mat_sexton
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I got my police report back today.

Absolutely squeaky clean. I just hope now I can reapply for my ESTA for USA.

Aus and NZ have already cleared me for WHV visa but then why wouldn’t they, I do not have a conviction and never had one.

     
Avatar for Bottay
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:D wicked well done sunny jim!goodluck with the ESTA let us know how you get on.

     
deleted-user

hi there, ive got a criminal record,and a custodial sentence from 2001 at the easy influenced age of 21, does this mean i dont have a chance of getting a working visa? is there any way round this ? basicly…H.E.L.P..
THANX, any information would be brilliant…..

barry.. :?

     
Avatar for Stiofan_doc
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Joined 2010-05-03

i got a suspended sentence wen i was younger n now im really worried i wont get a visa to oz next yr can some 1 give me peace of mind

     
Avatar for Jakjak1
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Joined 2009-03-11

i recieved an 18 month suspended sentance in 2007. i travelled to australia on a 3 month travelling visa in 2009, i honestly didnt see the part about criminal records on the visa application. on the plane we had to fill in a little form before landing which asked if we had criminal records on there. i was honest and then when landed i handed over my sheet. i was pulled to 1 side and taken into a interview room, enerything taken awat from me,then interviewed on record,i was asked what i was in got in trouble for as they didnt have access to my files.they asked where i was going, who was i with? after a few hours and a lot of panicking i was let into the country.my record wasnt the best but is far from the worst, honesty is definately the best policy!!