Garda clearance on visa

owenmakken

Can anyone tell me if you need to get Garda clearance or proof of any criminal records for a Visa?

I have one small public order conviction (drunk in public, No Jail, 100 euro fine) but would rather not disclose it.

layke

Advice: Disclose it on the paperwork. They will check either way with the Guards so you are better off being honest.

If it was over 5 years ago it won't matter. What they are looking for is that you have been a good boy since.

I watch immigration deal with people who lie on their applications over on TV here and they send you packing at the airport if you lie. Well that's after they hold you in a cell for a few hours. But ofc those people were involved in Armed robbery and they do actually discuss your situation and decide if you will reoffend.

Personally, I don't think it will be a problem for you but don't mess with immigration. You are running a bigger risk by telling a porky over something that's not so serious.

Anyway I found this for you ::
http://www.immi.gov.au/media/fact-sheets/79character.htm
Fact Sheet 79 - The Character Requirement

On this page

* The character test
* Substantial criminal records
* Discretionary powers
* Exclusion from Australia
* Appeals
* Other possible refusals


All non-citizens seeking to enter or stay in Australia must be assessed against the Character Requirement.

Visa applicants must therefore meet the character requirements defined in Section 501 of the Migration Act 1958. These requirements are usually linked to the class of visa being applied for through Public Interest Criteria (PIC) 4001.

Section 501 of the Act contains a character test to ensure that visa applicants and visa holders are of acceptable character. The test puts the onus on visa applicants, and visa holders, to show that they are of good character.

As well as being a tool to help assess the suitability of applicants to enter and stay in Australia, the test introduces discretionary powers to either refuse or cancel visas if a non-citizen fails the character test.
The character test

A person will fail the character test where:

* they have a substantial criminal record
* they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
* having regard to the person's past and present criminal conduct, the person is found not to be of good character
* having regard to the person's past and present general conduct, the person is found to be not of good character
* there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community.
See: Fact Sheet 78 - Controversial Visa Applicants

Substantial criminal records

A person is deemed to have a substantial criminal record if they have been:

* sentenced to either death or life imprisonment
* sentenced to a term of imprisonment for 12 months or more
* sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
* acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

I think you will be ok

owenmakken

Ye its a gamble ( was actually 3 drunk public orders and drink driving conviction, all separate occasions, I know best lay off the sauce) - prob will though , im sure if your caught lying once whatever little chance you have goes out the window.

beertons

I wouldn't worry about it man, a few of my friends are in Oz and I know if they admitted half the stuff I know they've done, they'd have never seen the plane. And they're out there on four year contracts, or four years and ten months (which ever)

dSTAR

Australia has one of the toughest immigration and border controls in the world. I would definitely not try to blow smoke up their ass. Thing is if you don't disclose it and you are larging it some night and you get pulled in it could land you in hot water. All it takes is one call to a Police Liaison Officer and its ta ta.

Daithio

I definitely wouldn't disclose it. They don't check those things unless you are applying for permanent residency, in which case you have to get an Irish police clearance.

dSTAR

Daithio wrote: »

I definitely wouldn't disclose it. They don't check those things unless you are applying for permanent residency, in which case you have to get an Irish police clearance.

That may very well be the case. I applied for permanent residency in 1999 and they were pretty stringent on police checks and medicals and stuff. It could be a lot more relaxed for the WHV or short term visas. But even still I would be reluctant to advise someone to omit something that may bite them on ass sometime down the track. An idea might be to call the Australian Embassy anonymously and ask them what the best course of action is.

One Cold Hand

The main question is what visa are you applying for.

If it's a WHV i'd doubt they'll really care. If it's permanent residency I'd be hesitant about hiding anything from them.

slipss

Daithio wrote: »

I definitely wouldn't disclose it. They don't check those things unless you are applying for permanent residency, in which case you have to get an Irish police clearance.

Seconded. I know several people with proper criminal records that didn't disclose it and got granted the visas no problem (OP I doubt you have a criminal record by the way, that kind of offence isn't recorded if I recall correctly, so you could disclose it and have no problems with the visa in anyways {ehh don't take this as legal advice of course, I'm not a solicitor}). To sum up, if you don't want to disclose it then don't, nothing will happen. If you don't mind disclosing it go ahead, you will still get the visa.

layke

Daithio wrote: »

I definitely wouldn't disclose it. They don't check those things unless you are applying for permanent residency, in which case you have to get an Irish police clearance.

I was checked twice over here by two separate workplaces, as this runs through the police you may run the risk of getting kicked out of the country.

watna

[mod mode]People, can we please be careful about advising someone to essentially break the law by lying on their visa application. If the applications asks you - you are obliged to tell the truth, not too mention what will happen if you have found to be lying. We really can't advise people to lie on their visa applications and say "sure it will be grand". It can get boards in a lot of trouble. None of us are immigration officers and we nee to be careful [/mod mode]

If it is a visa of any length (i.e. long-term work permit or residency) you will be required to supply a police certificate where it will list your convictions. If you apply for a visa where you do not have to provide a police cert (e.g. WHV) and say you have no convictions and then later on apply for residency, for instance, that police cert will leave you up **** creek. You have to sign something to say you are of good character for a WHV anyway so be very very careful.

You need to tell the truth.

Andystoran

That public order offence wont show up.

owenmakken

I hope so, the others only a traffic offense essentially, it was the working holiday one I was gonna get, where you have to pick different bits of sh1t in farms and that