AUS visa overstay and arrest

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AUS visa overstay and arrest

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Old 12-27-2013, 10:47 PM
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AUS visa overstay and arrest

I have several questions regarding a friend who has some immigration issues in Australia, they are complicated and involve other countries but I was hoping to get a few questions answered here.

My Indian friend was arrested in Australia (assault). He was holding a tourist visa at the time. Long story, but eventually he was "removed" (not deported) from Australia, after being forced to overstay his visa (his passport was taken while he was out on bail, when his visa expired he was immediately picked up by immigration, then in held in detention for more than a month, hence he did not have the option of leaving the country during any of this time.) It was the police's responsibility to obtain a criminal justice visa for him which was denied, so he was removed from Australia, and now has a 3 year ban. I am unsure of the exact status of his case, but since he has been removed he cannot face trial for the charges, so I am assuming his lawyer will file for some sort of stay and the case will eventually be dropped.

His lawyers (both experienced immigration and criminal lawyers) say he will not have a problem entering other countries because of this incident, that somehow it is just "confined" to Australia, but from what I have been researching, I wonder if this is true. It may not be a problem for him to enter the US since he already holds a 10 year multiple entry visa, but I believe in all likelihood it would be a problem for him to acquire a visa for countries such as Canada, the UK, and Europe. In particular, he is looking to apply for a Canadian visa.

So my questions are:
- what kind of information does Australia share with Canada? He is not an Australian citizen, he is Indian, therefore I am wondering if the Australian arrest (no conviction) would even show up on a background check, as they would only be checking his background in India (he hasn't spent longer than 4 months in Australia at a time).
- Does the visa overstay pop up as a "red flag" at any border crossing? (i.e. is it imbedded in the passport?)
- Since he already holds a US visa, will it most likely be a problem for him to enter the US after both the overstay and arrest? How transparent are these incidences, in all likelihood?

I understand this is a complicated case and involves more than just Australian immigration issues, but I appreciate any thoughts on this matter.

  #2 (permalink)  
Old 12-28-2013, 06:12 AM
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Join Date: Dec 2013
Posts: 5
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Why don't you try getting a clearing certificate from Australian Police ?

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Old 12-28-2013, 06:56 AM
Join Date: Jan 2013
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I presume you are talking about a tourist visa? There will only be a problem if it has a charter test questions like the Australian tourist visa does. If it does he would need to answer that has been charged and awaiting legal action (or something along those lines). But on the positive my fiance has just applied for a schengen visa and it did not ask anything about criminal issues.

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Old 12-28-2013, 07:32 AM
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A criminal record may make him inadmissable to Canada, but he'd need to investigate that with Canadian immigration. I believe the entry card asks about criminal convictions or arrests (don't recall which) so he'd need to be honest about his situation.

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