WHV with criminal record (12 month sentence)

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  • 1 Post By kmarees1986

WHV with criminal record (12 month sentence)


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Old 07-04-2013, 04:55 PM
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WHV with criminal record (12 month sentence)

Helloo! I am new here. I have looked around the forum and found that members have been very helpful to people seeking advice.

My storie goes like this: I had to be present in a court today where I was sentenced 1 year in prison with 3 years of probation (for buying 10 pills of extacy). Meaning I only have to go to jail if I re-offend during these 3 years of probation. I found and am familiar with the MIGRATION ACT 1958 - SECT 501 which says:
  • a person does not pass the character test if:
  • the person has a substantial criminal record
  • For the purposes of the character test, a person has a substantial criminal record if:
  • the person has been sentenced to a term of imprisonment of 12 months or more

I would like to know if my sentence counts as a "term of imprisonment of 12 months"?

The drama is that my girlfriend and her childhood girlfrend had planned this trip long before I met my girlfriend 6 months ago. They have already borrowed money, gotten their visas and are about to book the tickets for the end of September. I had to wait until the final word from court before doing all that. Now I am REALLY scared that I won't get the visa and... We don't even want to talk about these things right now. Not before we know for sure. Please help me find out if I still have any kind of chance to get that WHV


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Old 07-04-2013, 07:04 PM
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Hi Eslander, your record is considered substantial even though you have the probhation period.

Under certain circumstances immigration can excercise lenancy however as this is a working holiday, your crime is within the last 5-10 years and it involves drugs - I am going to say that should you apply you will be wasting an application fee.

I know people who have been denied for drunk driving where there was no sentence. Its too recent mate, you'll have to keep up with Skype i'm afraid.

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Old 07-13-2013, 09:42 PM
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It brakes my heart to read this but thank you for the answer!


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Old 07-13-2013, 10:49 PM
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Sorry to bear the bad news

Go backpacking arpund SE Asia instead. Maybe your GF and her friend can visit you on little trips occassionally?

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