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Criminal Conviction & 12 Month Criteria

3K views 3 replies 2 participants last post by  tjb30i 
#1 ·
I am an Australian citizen that is currently living overseas with my wife of 2 years. I want to move back to the Australia but my wife has a criminal conviction and would like to know if this will be a problem for her to get an immigrant visa. She was convicted 12 years ago for the possesion of methamphetamine (1 pill) and has not had any other conviction since. Her sentence went like this:

1) The judgment of the criminal court imposed a sentence of one year in prison and a fine.
2) Since she pleaded guilty the sentence was reduced by half or six months in prison
3) They suspended the sentence and she received 2 years probation (no jail time).
4) She was later given a pardon

Under the definition of a substantial criminal offence they say "sentenced to a term of imprisonment for 12 months or more". When they look at this definition do they look at part 1, 2 or 3 from above?

Thanks
 
#2 ·
Part 1 only. However if it was a while ago and she didn't have any convictions thereafter it might be overlooked.
DIAC looks at repeating offenders, patterns and like hood of doing something illegal in Aus.
Again it really depends on strength of your application and your CO.
 
#3 ·
That sucks. So because part 1 = 365 days and the rule is 365 or more I could get caught up in this rule.

How are foreign pardons interpreted? On the Police Certificate it states "one must consider that the person in question has not been sentenced for this offense".
 
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