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
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