[Tommy123]

Hi all,

Looking for some advice re current situation of granting visitor visas to those who fail the character requirements.

The applicant has a 10 year old spent conviction for an assault which resulted in a custodial sentence of 12months+. As a result, the visitor visa for U.K. Citizens is not available and I believe a subclass 600 is the visa required.

It was my understanding that a few years ago, the rules were tightened and all such applications were referred to VACCU for assessment and that all such applications were being refused by Peter Dutton MP.

I appreciate the severity of any such crime but the person has only one offence committed 12 years ago and now spent meaning it is no longer on their record. This person is an honest hardworking person who is no danger or threat at all - it really was a case of a one night stupid drunken mistake made in their youth.

I was hoping for any advice on the chances of a visitor visa being granted to visit a close family member in Australia.

Much appreciated

 

[Mania]

Slim to nil.... They really want a Migration agent that deals with the charector requirement regularly.

 

[Tommy123]

Thanks Mania.

I will contact an agent for advice - I had hoped for recent experiences but I've searched the thread and there's not much from people in a similar situation. Hopefully we can get some replies from people who have perhaps made an application recently under similar circumstances as it is interesting that no consideration seems to be given to the number of crimes committed (in this case, one) and the time lapsed (12 years).

Seems very harsh when there is so much other evidence to show this person is of good character

 

[Eh?]

Thanks Mania.

I will contact an agent for advice - I had hoped for recent experiences but I've searched the thread and there's not much from people in a similar situation. Hopefully we can get some replies from people who have perhaps made an application recently under similar circumstances as it is interesting that no consideration seems to be given to the number of crimes committed (in this case, one) and the time lapsed (12 years).

Seems very harsh when there is so much other evidence to show this person is of good character

I know it's mostly unrelated, but it's the same when trying to come to Canada. A colleague of mine was refused entry into Canada based on a drunk driving charge dated back over 15 years.

As Mania said, consult an agent asap.

 

[Mania]

Hence the suggestion for an agent - it's not a common question here, even fewer actually try - I'm only guessing based on what I've seen written so although a semi educated opinion by no means certified correct, which I think 95% of the answers you will get will be.

Harsh? Perhaps but at some point there needs to be a limitation that they cut off at, a 12 month custodial sentence is not a trivial thing and personally I think they have set it fairly accurately.

 

[Tommy123]

Perhaps it is a fair threshold but also not unreasonable if it were to allow those with 10+ years of no convictions for even minor offences the chance to move on given they've proven they're not any danger or risk. Perhaps different if the original offence was murderous, sexually deviant in its nature or related to terrorism but on the whole, I believe in a society that allows people to learn from past mistakes, demonstrate themselves to be productive and good members of society and be afforded the same opportunities as everyone else.

There but for the grace of god go I as they say.

 

[CCMS]

Perhaps it is a fair threshold but also not unreasonable if it were to allow those with 10+ years of no convictions for even minor offences the chance to move on given they've proven they're not any danger or risk. Perhaps different if the original offence was murderous, sexually deviant in its nature or related to terrorism but on the whole, I believe in a society that allows people to learn from past mistakes, demonstrate themselves to be productive and good members of society and be afforded the same opportunities as everyone else.

There but for the grace of god go I as they say.

All valid points, but ultimately the only thing that matters is what the regulations are and how they are being applied. The only thing you can do is declare all convictions and add a submission and letters of support explaining how you are now meeting the character requirements.

 

[Ramah]

I'd second what's been said and advise to seek the help of a registered migration agent.

My best friends brother-in-law who's from Europe was refused entry to Australia as he had a dangerous driving conviction whereby he served 13 months almost 15 years ago.

At least an agent who's familiar with such matters will have an idea how to go about the application with the highest possible chance of a grant.

Best of luck!

 

[Tommy123]

Very true CCMS. We fully intend on being totally honest and are prepared for the likely outcome that the application will be refused. It would have been interesting to hear any experiences but I appreciate many people will not post the outcomes to their applications.

As a side point, is there anywhere we can obtain a list of agents or immigration specialists who might specialise in this area (being visitor application with a substantial record?)

Thanks in advance, we truly appreciate the replies and advice

 

[Tommy123]

Thank you Ramah for your reply and advice - how terrible for your friends brother in law to still be restricted by something so long ago in his past.

Can I ask if his visa application was a visitor visa or was it a longer term/working visa?

 

[Ramah]

Thank you Ramah for your reply and advice - how terrible for your friends brother in law to still be restricted by something so long ago in his past.

Can I ask if his visa application was a visitor visa or was it a longer term/working visa?

It was a visitor visa. He just wanted to come for 3 weeks to visit them.

He applied for it himself and it was refused fairly quickly but didn't have time to apply again as his leave from work had already started so he didn't try again.

His criminal record before and after has been clean and he supplied this along with his application.

It's tough. We all make mistakes and I think when it's that long ago and you've paid your dues then you should at least be given a chance.

It's definitely worth giving it a shot though, as CCMS said, you just need to explain it well.

 

[Tommy123]

It seems like a fruitless task - especially given the example you have provided and the outcome there.

Very disheartening.

 

[Ramah]

It seems like a fruitless task - especially given the example you have provided and the outcome there.

Very disheartening.

Every case is different.

I don't know the ins and outs of his conviction and I don't know if he explained himself too well, not sure if he even attached a letter explaining the situation, all I know is he submitted his police clearance certificate as he was waiting on that for a while but I didn't see the application myself.

Saying that though, I've also seen it happen quite a few times on Border Security (TV) where people have been granted entrance despite having a criminal record as they declared it from the get go.

There's no harm in trying to submit with a solid explanation!

 

[CCMS]

Very true CCMS. We fully intend on being totally honest and are prepared for the likely outcome that the application will be refused. It would have been interesting to hear any experiences but I appreciate many people will not post the outcomes to their applications.

As a side point, is there anywhere we can obtain a list of agents or immigration specialists who might specialise in this area (being visitor application with a substantial record?)

I suggest you find an accredited migration expert who is also a lawyer. They would be better equipped to advise on criminal/character issues.