statutory declaration for a visa 461

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statutory declaration for a visa 461


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Old 07-14-2013, 03:14 PM
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statutory declaration for a visa 461

hello,
i'm french, i have been with my girlfriend for almost 2 years, she's from nz.
i m starting to look at all the papers for the visa 461.
So i ll have heaps of questions!
i m looking at the statutory declaration which isn't hard to do the only thing is i have been charged for drink driving in nz a year ago. in the statutory declartion it s write:
I have never been convicted of a crime or any offence in any country
I can't really fill this up then?
what do i need to do?
thanks


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Old 07-14-2013, 03:26 PM
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Which statutory declaration form are you referring to?

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Old 07-14-2013, 04:05 PM
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Be honest on your application. Just because you have been convicted of a crime does not necessarily mean that your visa will be refused. Lying or omitting the truth will definitely get your visa rejected. I'm no expert on criminal records but I believe they take drink driving seriously. And it is a recent conviction as well which may work against you. Hopefully someone else who knows more can fill you in on your odds of clearing the character check.

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Old 07-14-2013, 06:53 PM
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Are you using some form if template or something? You definitly need to declare it, particularly because it will come up in checks anyway.

A DD conviction is quite serious as its somewhat of issue in Oz. I have heard of people being refused basic visas based on this, however its not to say its impossible. My husband has 2 DD bans from the early 2000's and is here on a TV.

The good news is a DD charge doesnt mean you fail the character requirements and DIAC wont be reviewing your application with the character assessment unit.

I would suggest in your statement you include a couple of paragraphs about the offence, discuss why/how, show remorse, promise not to do it again ect... also get 3-5 character statements from friends and family attesting to your good character in the form of sworn stat decs as good measure.

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Old 07-15-2013, 09:21 AM
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thanks for the answer,
the statutory declaration i refer to is in the Character and Penal Clearance Requirements it said:

Statutory Declaration information
As part of the character assessment, you may be asked to complete a Character statutory declaration.


that is the form they want to be fill in.

COMMONWEALTH OF AUSTRALIA
Statutory Declaration
I,
(1)
do solemnly and sincerely declare that:
(1)
I have never been convicted of a cr
ime or any offence in any country;
(2)
I have not been charged with any offence that is incomplete or awaiting legal
action, nor am I aware of any investi
gation into my affairs that has the
potential to lead to such charges;
(3)
I have not been acquitted of an offenc
e on the grounds of unsoundness of
mind or insanity;
(4)
I do not have any spent convictions under
any spent convictions legislation in
any country or any convictions on my police record;
(5)
I have not been involved in war crimes or crimes against humanity;
(6)
I have never been associated with anyone else who has been or could
reasonably be suspected to have been, or is, involved in any activities
referred to above; and
(7)
to the best of my knowledge I do
not have any matters which are either
unresolved or in which I have been, or am involved, that would bring into
question whether or not I pass the character test
(2)
as defined at Section 501
of the
Migration Act 1958
.
I fully understand the above, or the above has
been fully explained to me by another person
or interpreter who fully understands the abov
e, such that I fully understand the above.
And I make this solemn declaration by virtue of the
Statutory Declarations Act 1959
, and
subject to the penalties provided by that Act fo
r the making of false statements in statutory
declarations, conscientiously believing the stat
ements contained in this declaration to be true
in every particular.
I understand that any incorrect information may
result in refusal of my application or, if
a visa has been granted, the cancellation of my visa. I understand that, if my visa is
cancelled after entry to Australia, I
will be required to leave Australia.
(3)
Declared at
this day of
2
Before me,
(4)
(5)


They already ask in form 80 i think to said if you ve been convicted of anything so i ll explain it, i don t want to hide anything. but if they ask me to fill this things up, i can't declare i have done nothing wrong.


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Old 07-15-2013, 11:41 AM
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I get what you're asking. Just be up front on your other forms and be honest about why you can't sign the declaration. And do everything that kmarees said because that's awesome advice.

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