getting Visa with a conviction

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getting Visa with a conviction

deleted-user

Does anyone know the rules on getting Visa’s with a conviction, I’m going travailing to OZ then New Zealand … and my travailing partner, has been charged with drink driving around 3 years ago, since then he has lost his licence (for a year) and is now driving again and has been for over a year.  Does anyone know if this will go against him??  I been telling him I doubt it but any advice would be great.


Cheers Guys
Dom

     
deleted-user

i would say dont worry about it smile

he will have to send some info like a crb check

 

     
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Just be completely honest on the application and expect your mates visa to take quite a bit longer than yours to be processed so the checks can be done.

You are required to have good character so they need to do some extra checks and he may be required to produce some extra documentation.

     
deleted-user

Hiya,
Am currently going through same thing with getting a Visa for my boyf, he also has some convictions from many years ago, including a ban for dangerous driving.
You need to apply to the police station he was charged at to get a memorandum of all charges brought against him, costs a tenner and takes up to a month to come back.  The info is on the Aussie Immigration website.
If he served any community service, he needs a letter from National Probation Service proving that he completed it, and if he paid any fines, he needs proof that he paid it all, e.g. a receipt from Her Majesty’s Court Service or a bank statement.
Then you can apply!
Ozintro are sorting out our visas for us and this is what they have asked us to send off for, hope it helps!

     
deleted-user

sorry but your wrong you dont need to get receipts of proff and stuff..

and well if you filled out the visa forms yourself which would of been cheaper
than Ozintro and take 15 mins you would of got an email from immi.gov stating what he need to show them, a simple crb check would do for a driving offence,..

thats if they ask, fill out the forms yourself

trust me mine has take 2-3 mths to do..

 

     
deleted-user

Thank you guys, that helps alot and i will pass on the above info to him :¬)

     
Avatar for Cookie13
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Hi - Domfranks has their been any progression with your friends visa application?

My partner and i lodged applications for working visas 2 days ago, mine came back within a couple of hours but my partner is still waiting on a reply. He has a drink driving conviction from 2004, he received a fine and an 18 month ban which was reduced to 12 months on his succesful completion of a safe-driving course. He has been driving since and has no other convictions.

I am curious to know how long his visa application is likely to take (factual responses rather than estimations would be appreciated!) and what, if any, documentation he is likely to be asked to produce.

As Domfranks’ query is from back in May i figured you may be some way along the visa pplication route by now and may have a better idea of how things work?

Any advice is much appreciated.

     
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I am curious to know how long his visa application is likely to take (factual responses rather than estimations would be appreciated!) and what, if any, documentation he is likely to be asked to produce.

 

How long is a piece of string, dude? There’s no set time. It depends on what kind of documentation they ask him to produce (if any) and how quickly he gets it back to them. The time it takes varies case-by-case.

Stu_bis got his after about 3 months.

Have a read this thread and send him a PM if you’ve got any questions…

Thread: Worried about convictions

 

     
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I’m not a ‘dude’ - but thanks for the (somewhat sarcastic) response. I didn’t want to PM incase any else reading this was also going through the same process and could share their experience.

I’ve read the entire thread but a lot of it seems to be based on estimation and guesses rather than actual experience - i was just after some more detail from anyone going through the process right now like we are…

Thanks.

     
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I’m not a ‘dude’ - but thanks for the (somewhat sarcastic) response. I didn’t want to PM incase any else reading this was also going through the same process and could share their experience.

I’ve read the entire thread but a lot of it seems to be based on estimation and guesses rather than actual experience - i was just after some more detail from anyone going through the process right now like we are…

Thanks.

It wasn’t sarcastic. It was a statement of fact. And apologies for the friendly tone. I’ll try and be more formal for you in this post.

Stu’s info on that thread is based on his experience. He says 2.5 months. That’s how long it took for his application to be approved, so that’s the kind of solid answer you were asking for. It’s as good an answer as you’re going to get. For driving offences, it’s probably a bit less. I said probably. That’s vague. Because it is.

Another chap wrote on a different thread on here a few months ago saying that it took just over 6 weeks for his to be approved, and he had a driving conviction.

If you’re looking for an exact answer, you’re not going to get a better one than that or Stu’s. Plenty of people ask the same question on this and other forums, and the simple answer is always the same: it varies due to workload at the immigration office, complexity of the conviction in question and how soon you send them the documentation that they will likely request.

Plenty of the folks that ask this question understandably don’t bother coming back here once they’ve got the visa and fooked off to Oz, so you don’t get to find out exactly how everyone gets on. Stu and the other guy I mentioned are the only 2 I can remember in the recent past who’ve come back on here and told us how they got on.

Plan for a worst case scenario and you won’t be disappointed. 3 months.

 

 

 

 

     
deleted-user

Does anyone know if it’s as simple to get a visa if your conviction is for something more serious?

My boyfriend was convicted almost 5 years ago and he spent 5 months in a youth offenders institute.

I’ve had a look on the Australian government website but couldn’t find any info about convictions and visas (perhaps I was looking in the wrong section?) but any advice would be great!

Cheers
Eileen

     
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Does anyone know if it’s as simple to get a visa if your conviction is for something more serious?

My boyfriend was convicted almost 5 years ago and he spent 5 months in a youth offenders institute.

I’ve had a look on the Australian government website but couldn’t find any info about convictions and visas (perhaps I was looking in the wrong section?) but any advice would be great!

Cheers
Eileen

(Edit)

Yo.

Part of the WHV eligibility criteria is a character assessment. It’s covered by some of the questions in the application form, which of course you have to answer honestly.

From the immigration website…

“You will fail the character test if:

  * you have a substantial criminal record
  * you have, or have 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 you 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
  * with regard to your past and present criminal conduct, you are found not to be of good character
    and
  * having regard to your past and present general conduct, you are found to be not of good character.

You are deemed to have a substantial criminal record if you have been any one of the following:

  * sentenced to a term of imprisonment for 12 months or more
  * sentenced to either death or life imprisonment
  * sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two (2) years or more
  * acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, you have been detained in a facility or institution.”

There’s hope, dude.

It’s by no means a cert, because they can decline whoever they choose for whatever reason they want, but providing you send them the documentation they request, some strong character references and a well worded letter, you may well find that they’ll grant the WHV.

It’ll take a while, though. Plan for a few months and reply to their requests for info asap.

 

     
deleted-user

just got my visa through , i have one conviction from 3 years ago , disorderly behaviour on licenced premises , took about 10 days to get my visa , you just need to get a subject access report from the police which costs £10 email it to visa breau and write in your own words what happend.
hope that helps

     
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Hey,

Thanks to tommarvelle and lee mcc for your responses – this has been really helpful.

On enquiring about getting a subject access report it seems that processes are currently under review and I thought I’d post it up here for anyone else who is going through the same thing.

We downloaded the application for the SAR from the local police website – but it stated that the SAR could actually take 40 days to get to you and as Oz immigration have only given us 28 days to provide further information on the DUI conviction my bf gave them a call to explain that he needed it for a visa application.

The woman he spoke to directed him here:

http://www.acpo.police.uk/certificates.asp

Apparently this is the new pilot scheme created specifically for visa application purposes – it only takes 10 days as opposed to 40 but it also costs £35! Apparently (our local police at least) will no longer guarantee a SAR will reach you in time to meet the 28 day limit – instead they’re directing you to this new service which is more like a passport application as it requires you to submit a signed photograph along with the information page from your passport and proof of address.

So frustrating but we obviously we have no choice!

According to the details on the form, the USA have already set a date where SAR’s will no longer be acceptable and you will have to produce one of these instead – the other countries involved are expected to do the same it seems…

L.

     
deleted-user

Am currently going through same thing with getting a Visa for my boyf, he also has some convictions from many years ago, including a ban for dangerous driving.
You need to apply to the police station he was charged at to get a memorandum of all charges brought against him, costs a tenner and takes up to a month to come back. The info is on the Aussie Immigration website.
If he served any community service, he needs a letter from National Probation Service proving that he completed it, and if he paid any fines, he needs proof that he paid it all, e.g. a receipt from Her Majesty’s Court Service or a bank statement.

sorry but your wrong you dont need to get receipts of proff and stuff..

and well if you filled out the visa forms yourself which would of been cheaper
than Ozintro and take 15 mins you would of got an email from immi.gov stating what he need to show them, a simple crb check would do for a driving offence,..

thats if they ask, fill out the forms yourself

trust me mine has take 2-3 mths to do..


Not trying to prove anyone wrong, but Ozintro did the Visa Application for my boyf who has a string of convictions dating back 10 years and his Visa came back from immigration in 3 weeks.
No personal, heartfelt letter was required, we simply sent in a subject access report, receipts proving he had paid all of his fines and a letter proving he had completed his community service 10 years ago.
The 3 weeks even included immigration getting back to us as we forgot to put his Place of Birth on the application!

(ps the 3 weeks didn’t include getting the subject access report or the letter about community service, we already had the receipts, so in all it took about 10 or 11 weeks).

Good Luck.

     
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Oh aye.

There’s always the exceptions.

This is the kind of thing that causes people so much confusion in the first place, innit? The immigration departments of governments the world over don’t help themselves by not being consistent.

People come on boards like this asking questions and seeking assurances, but you just can’t give them because government’s simply don’t handle these things in the same way from case to case. You can never get a definitive yes or no from anyone ‘in the know’ until you apply. Not even if you made a pre-application enquiry to the immigration people themselves, telling them about your convictions etc. They’ll just tell you to apply and see what happens.

The chances are that you’ll be asked to provide documentation and SAR’s, because that happens in most cases. But then like Emmabird has shown, you might just glide through no questions asked.

It’s just worth knowing that these things are dealt with on a case by case basis. Don’t expect consistency or logic where government’s are concerned.

It’s a lottery.