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Old 01-22-2014, 11:16 PM
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criminal conviction

Need some advice please, currently,applying,for a prospective marriage visa through London..the problem is, I've recently had my police checks done, and a drink driving charge from a few years back has come back on it, having been misinformed that,this wasn't a criminal,offence, I never declared it in previous visas for Australia, will this be an issue now with the pmv, even of I declare it this time? Thank you for taking time to read and reply..s


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Old 01-23-2014, 04:47 AM
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Hmmm... a conviction of that type normally isn't an issue (they're only concerned about convictions that carry sentences of 12 months or longer, generally). Will they come back and ask why you didn't declare it previously? Possibly. What I would do is just explain in the "additional information" section that you were misinformed that it wasn't a criminal offense and that's why you didn't include it previously. Hopefully it will be okay... If you want to be positive, you can always consult a professional migration agent.

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Old 01-23-2014, 03:32 PM
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Thanks for your help college girl, I've read that migration advisors sometimes give advice via this forum, would it be possible for them to advise or share their opinion on this matter...?? Thanks s


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Old 01-23-2014, 08:33 PM
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Susan, they might not necessarily see this thread right away. When you have a few more posts here, you'll be able to send private messages. You can send one to CCMS or to Mark Northam or Adam Grey - any of the three could probably help if they don't see this thread on their own.

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Old 01-24-2014, 04:38 AM
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The same thing happened to my husband from the UK.

He declared no convictions on his application - then sent off the application while awaiting the police certificate.

Police cert came back from ACPO, with TWO convictions - one from a juvenile offence (that we understood would not be on his record) and one from a date when he was travelling in Australia (later ACPO confirmed this was a complete mistake).

Anyway, he immediately contacted his CO in London to say that he had ticked 'No' to Question ___ mistakenly as he was under the impression that his juvenille offence would not be on his certificate, and that he did not wish to hide anything etc etc. The CO replied that he would need to write a statement regarding the nature of the offence, when and where it happened, and how he was punished and how he has moved on from it.

He wrote the statement (meanwhile he also had to state that he was following up the mistake on the record) and got it signed by a JP and submitted it to the CO. The statement was about a page an a half.

He was granted his PMV, and now his partner visa in Aus.

I'm not sure how they treat drink driving offences, but I would contact your CO immediately to explain you have made an error in judgement and wish to amend it.

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Old 01-24-2014, 04:42 AM
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Oh and the CO also said he would need to declare his juvenille offence when entering/reentering Australia forever, as it would now be on immigration record.
I'm not sure how good this advice was from the CO, but when he ticks 'yes' on the criminal convictions part of an incoming passenger card, immigration always ask about it, he says it was a juvenille offence and they pretty much ignore him. So I feel like we're wasting border immigrations time saying 'yes'.... but thats just what we were told to do.

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Old 01-24-2014, 06:44 AM
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Hi All -

Best to declare this on the additional info, and communicate that you were confused as to whether this would need to be declared or not. Excellent posts by littlekitty and CG on this thread as well - as noted, you will need to declare these going forward on the incoming passenger cards, etc when you return to Australia going forward.

However this situation doesn't come anywhere close to triggering a character refusal concern, so no need to be concerned about that - the bigger issue is making an explanation about why it was not declared before.

Hope this helps -

Best,

Mark Northam

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Old 01-24-2014, 12:28 PM
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Thank you all for your replys,
Mark; would the fact that I hadn't declared be a likely issue for refusal, I understand that the crime isn't actually an issue in so much as the failed declaration...thank you,,s


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Old 01-26-2014, 07:19 PM
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Hi again, can anyone clarify if the fact that I didn't declare the offence in previous visa applications make this a reason for refusal on the pmv? Thanks s


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Old 01-26-2014, 07:20 PM
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Also, will I need to inform the embassy now, as I am currently holding a TV 600, before I can travel to Australia again


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