Getting to Australia with a criminal conviction

redrules · 22-01-2009 02:58PM #1

Hi,

I have a problem that I'd like to put out there for any opinions, suggestions advice.

I met an Australian citizen while she was on her European working holiday trip and we dated for four months or so. We are pretty into each other and so when she went home in October as far as we were concerned that wasnt to be the end of it. Only thing, I didnt tell her I had a criminal conviction, which I had received in 2005. I got a Community Rehabilitation Order (I live in London) of three years which I finished before I met her.

As soon as she was on the plane I applied for a visitor visa, i have no interest in moving out there anytime soon, and declared the conviction. I then had to gather information which needed to be sent off to Hobart. It wasn't until I was told my case was being sent to Brisbane Character Assessment Unit that I told her the reason I couldnt book any flights was because I wouldnt be getting a visa any time soon because of my conviction. She was cool about it, i.e. the conviction, and laughed it off, and has been very supportive in my application, having written to the immigration office confirming her sponsorship.

The thing is, now that the application has been sent to Brisbane, all they say is that it can take 6 to 12 months for it to be processed because of their work load but they consider special circumstances. I have emailed them numerous occasions letting them know that she is depressed, truth be told so am I, by the separation and that I have more opportunity to see her then she has of coming here (she worked up debts on her year long trip as you do). But all they do is give me a standard reply, your email has been placed on your file.

I'm desparate to get out there to see her but they are not being at all helpful.

Why can I do?

pepsicokeacola · 22-01-2009 07:23PM

australia has such strict immigration law, no chance im afraid

shane86 · 22-01-2009 08:36PM

pepsicokeacola wrote: »

australia has such strict immigration law, no chance im afraid

I was watching that customs show on TV3 a few days back, they let a yank in who had served 5 years for a serious assault after determining that they didnt regard him as a security risk. I also met a yank who claimed to have served 3 months on gun possession charges (he did waffle alot though

). Ran into a few dodgy (read: Limerick) characters over there who, I would bet my house, had a scrape or ten with the law back here given what they were like. Not to mention some pill dealer in his 40s from Coolock I ran into in a certain pub.

If it wasnt serious you will prob make it in the end.

Why not fly to NZ, she could meet you there on the cheap for a bit

brendansmith · 22-01-2009 11:32PM

Its funny to think that having a criminal conviction use to be the necessary criteria to get to Australia at one stage.

TBH oz government angencies are like any government agency the world over, disorganised, unhelpful and an absolute nightmare to deal with. They will get back to you however they have alot to worry abouyt with this impending oz recession so it may take a while.

You should book a holiday to meet her and be patient about the other thing.
Also how serious is your conviction if you dont mind my asking?

watna · 22-01-2009 11:57PM

It sounds like a decisions hasn't been made yet. I think you should be patient and wait until it is approved/deinied before making any decisions. As was said above, people ahve been let in with convictions, depending on how serious they are and the risk of reoffending. I guess none of us can tell you about your case. Only an immigration officer can.

I know waiting for a visa can be crap - I'm there myself (sort of). i think you should just wait and see.

watna · 23-01-2009 12:00AM

pepsicokeacola wrote: »

australia has such strict immigration law, no chance im afraid

Where are you getting your evidence for this? If you are going to make definite statements you need to back them up.

Only an immigration officer can tell the OP he has no chance. Please read the charter before posting in this forum again, especially this part:

Please no legal advice about visas etc. The only people who can tell you if you will definitely get a visa in your circumstances are immigration.

Feel free to share your experiences and what happened to you in your circumstances, the more people we have discussing that the better, but as I said above please to not advise someone that they definitely will or will not get a visa,

Zambia · 23-01-2009 12:51AM

pepsicokeacola wrote: »

australia has such strict immigration law, no chance im afraid

Do not listen to this bloke, he has already admited on other threads to pulling so called facts out his backside.

You have a special case and as watna said need to talk to a someone who knows this stuff.

dSTAR · 23-01-2009 01:07AM

OP would I be right in saying that a Community Rehabilitation Order is given to people under the age of 18? If that is the case and you are now older and hopefully more mature they make take all this into consideration when making an assessment on your likelihood to re-offend whilst in Australia.

I would also ask your prospective girlfriend to look at talking to a solicitor over here that specializes in immigration (Google Australian Immigration Lawyers) that is if you are serious and can see a long term future with this person even though you have no plans to move there in the immediate future.

neon_glows · 23-01-2009 04:47AM

If your willing to role the dice just show up at the airport and let them asses you right then and there for a visa and they will interview you and stuff. Though I have a friend here at the moment who has a criminal record and he has had no problems. I will ask if he just arrived and went abotu processing everything when here or if he sorted it before he left home.

Mahatma coat · 23-01-2009 11:49AM

Having spoken recently to a friend who works in the DIMMI here in Brisbane, I wouldnt hold yer breath mate, the recession is havin a very direct effect on Visa approvals

Daithio · 23-01-2009 03:11PM

They say 6 to 9 months for EVERY visa application, and none of them end up taking that long. Mine took a few days after they'd told me it would take 6 to 9 months. I think they just do it to cover themselves.

Regarding the conviction, as long as it's just a holiday visa I'm sure you'll be fine. If you decide to actually emmigrate there you might have problems, depending on what the conviction was. Good luck!

redrules · 23-01-2009 05:34PM

Thanks for that.

Daithio, did you have to have your application forwarded to the Character Assessment Unit? or was it a straight forward application? Since I've already been waiting since October I doubt that the same timeline applies in my case unfortunately.

Mahatma, why would the recession be having an effect on visa approvals? Staff shortages? I did read that there is a mass exodus from Ireland to Australia at the moment but since I'm only after a visitor visa I would hope that doesnt affect me.

neon-glows and others: I've been a fan of Border Security/Nothing to Declare TV programme for a while now. And I have noticed how they let people with convictions get through left and right, but since I've already made the admission there is little chance of me getting onto a plane I dont think. If I applied for eVisa and omitted the conviction it would surely flag up that I've already made an application for the subclass 676 visa (which I had to apply for). Would the airlines let me on the plane without a visa? I dont think they do, I could be wrong. But in any case if I rocked up in Melbourne without a visa they'd as like send me right back home.

I'm pretty sure I'll get in on a holiday visa and will worry about the emigration aspect when and if that comes up, it's just the possible 12 month delay that bugs me. I was hoping that my, that is our, circumstance would count for something, but that doesnt appear to be the case.

Mahatma coat · 24-01-2009 01:28AM

Mahatma, why would the recession be having an effect on visa approvals? Staff shortages? I did read that there is a mass exodus from Ireland to Australia at the moment but since I'm only after a visitor visa I would hope that doesnt affect me.

to put it in Blunt Australian Terms for you Mate

you have stated that you want to come over here and take one of their Wimmins, next it'll be a JAWB, then what?????????

redrules · 01-02-2009 12:17AM

Well, I was being a tad optimistic being so sure I'd get in, turns out they don't want me. I have had a notice of intention to consider refusing my visa application.

I have 28 days in which to reply with my reasons why they shouldn't. Thing is, I want to be there next week for my girlfriends birthday. After that I have no interest in going there before August.

I'm at a loss what to do.

I've been emailing them regularly since I first applied in October and they've been putting up obstacles along the way, culminating in passing the application to Brisbane for character assessment. Since then whenever I've emailed they say its been added to the file, wait for a response.

Well, on Thursday I sent one last begging email, letting them know of her birthday coming up and I'm desparate to share it with her, so if they could let me know that would be great. Lo and behold I get a response the very night from what is now my third case officer (my choice of phrase) giving me the notice of intent to reject the application and explaining how to put my case as to why they shouldn't. Its reams of legal terminology and copies from legislation.

Is this a good sign or have I annoyed them to the point of making a rash decision to get rid of me pestering them? Should I take the full 28 days to formulate a response (with legal advice) or just do it myself as best I can (and that hasn't helped so far it seems) and send it now in case they are prepared to let me in by next wednesday week? If I rush it and get rejected how does that affect my chances when I come to apply down the road? I'm looking but haven't found it easy to get an answer to that question.

Has anybody been through this? Any advice would be most welcome.

greatgoal · 01-02-2009 12:23AM

forget it mate,ive seen refusals because of unpaid fines..sorry

x in the city · 01-02-2009 12:25AM

no chance of getting into oz

knew some london lad who was turned back in 2002 who had a record.

seanybiker · 01-02-2009 12:29AM

I dont mean to sound horrible but I dont think missing someones birthday is gonna be high up on their list of special circumstances.
Best of luck iwth it though. Sorry cant help, just curious as to how you get on .;)

dSTAR · 01-02-2009 04:44AM

Legal advice is not permitted here so as I said before get yourself a lawyer either in Ireland or Australia who specializes in immigration.

smithy1981 · 01-02-2009 04:55AM

I know a few lads in oz with records, but they simply didn't say they did had on the applications. None were checked. They were all working holiday visa btw

watna · 01-02-2009 05:43AM

dSTAR wrote: »

Legal advice is not permitted here so as I said before get yourself a lawyer either in Ireland or Australia who specializes in immigration.

Couldn't agree with this more.

At this stage there is no point asking for advice from strangers on the internet. Everyone is just speculating. You're not going to get any real answers now.

dSTAR · 01-02-2009 06:22AM

This is the thing watna. If you have a lawyer send a letter to immigration they are going to sit up and take notice and think well this person is serious and not some drop kick. I just happen to have a very good lawyer who specializes in custody issues and alimony amongst other things. He knows if he didn't get me a result I would kick his ass to the kerb and have another lawyer on the case in five minutes.

redrules · 01-02-2009 07:09PM

Thanks for that, it has finally sunk in.

I can't just give it up obviously, I do love her, so I don't see any other option than to get a better qualified individual to work on my behalf. And having made that decision, and given up the pipe dream of being there in two weeks, I'm alot more relaxed about it.

Cheers lads.

dSTAR · 02-02-2009 05:34AM

redrules wrote: »

Thanks for that, it has finally sunk in.

I can't just give it up obviously, I do love her, so I don't see any other option than to get a better qualified individual to work on my behalf. And having made that decision, and given up the pipe dream of being there in two weeks, I'm alot more relaxed about it.

Cheers lads.

No worries mate.

I am sure it will all come together for you in the end. Best of luck.

timmy bobandnj · 15-10-2009 04:56AM

Well I/we have a similar story,and although this is 9months later and i don't know the outcome of yours, for other 'readers' here is mine.
I have a criminal conviction or 2 from several(7) years ago, the incident, although it wasn't 'dealt with' until a year and half after that, so the 'immigration dept' seems to think it is really recent and i really 'love':mad: talking about it all over again, several years later, when i moved on and so has my partner with me.
My aus partner of 2yrs and I have been together, living together, all together and very happy. We put in an app for aus pr (her idea), so i 'declared convictions'. Due to this character assessment process in 'Brisbane', or now 'Melbourne', people we don't even know making 'judgements' about our lives, I have now not seen my partner for nearly 2months. The reason for this is she left for a wedding for mutual friends 2wks before me, and we have not been 'apart' in a whole 2yrs, for more than 4 days, pretty much inseperable.
Due to this 'character assessment by randoms', I was 'informed 3days after she left that I could not fly there, until 'asessment'. She was crying, I was crying. I missed our friends wedding, and 2-3 weeks after she left her mother(whom i have met), was diagnosed with leukemia, and they STILL* won't let me fly to see them.
We feel it is dragging things up&putting stress on a relationship, and re-penalisation, which we don't appreciate.
My 'crime' was not theft or something, it was sending valentines day cards and an 'assault'(against a thief who stole from me(I hate thieves)).
So 7-8 weeks later, i have not seen my 2yr partner, she calls them, I call them, it's ridiculous. They over-penalise, and drag things up that are forgotton. I am reminded of a story i heard of someone sacked from their job 20yrs later, because their 'employers' said they did not 'declare a conviction' on original application (excuse to get rid ofthem?). We think it is unjust and wrong. Her uncle, I have met and know, has had a brain tumor&stroke, and may not have long to live, and mum(my future mum in law) diagnosed with leuk. We have been inseperable for 2yrs, just 4days apart max.
What justice is this?
It's wrong.
That is why I have to say, we are very angry and upset with whatthey have done.
US x
p.s we expect it to 'clear' as it was all 'past tense' (so called offences), but the delay they put on it is nuts, although it wasn't just their fault it was the 'uk postal strike also'(delayed pol .reports).
Do people wonder## why we don't 'like' thes people in offices making 'decisions about our lives'? Your grandmother could be sick and dying, they still won't give a visa. Our experience is no compassion at all, with their 'rules'.
That's our story
'09
xxx:D:eek::o

hussey · 15-10-2009 05:21AM

timmy bobandnj wrote: »

I have a criminal conviction
Due to this 'character assessment by randoms'
My 'crime' was not theft or something, it was sending valentines day cards and an 'assault'
What justice is this?

You have a criminal conviction ... who do you want to be assessed by?
You have a conviction for assault and sending valentines cards(??)
assault is a serious conviction

They should not give PR visa on compassionate grounds, just because someone is sick does not mean they should hurry your visa process up, and 9months is not an unreasonable time for assessment.

vinylbomb · 15-10-2009 06:54AM

While I do feel for the people posting their experiences on this thread, it must be viewed from the point of view of the country which they are applying too?

Put this way, I wouldn't be too pushed on having Aussies or Yanks with serious convictions getting visas in Ireland. Might sound a bit harsh, but where do you draw the line?

timmy bobandnj · 15-10-2009 08:59AM

well i agree, i wouldn't want burglars or thieves in my country either, nor rapists or people that stab others. But if you were stolen from once, and you knew who did it, the police would do 'nothing' about it, although you asked them.. 'no evidence', but for various reasons you were 100% sure (for example, the only other person with access to an account), as was my case 7yrs ago, wouldn't you go and sort it out? Christ the army goes round 'assaulting people' all of the time, even the police, and alot of it with 'mistaken i.d', ..it is not just to keep the peace. So yes, i understand of course the logic in this, but re-penalisation, the determination they seem to have to ruin relationships, when it was not(in my case)'constant re-offending), and dragging things up, does no-one no good... but'begging' permission to stay together with a partner of 2yrs to random people of no relevance, who arn't even 'willing to meet you(both)-(they dont give/do personal interviews/meetings in Brisbane/Melbourne), even with dozens of friends references, makes you not like these people at all. The grief this has caused her family and our friends is ridiculous. You do something, you are penalised, and you move on. Not 'grant visa's' on 'compassionate grounds'? We havent all stayed in the same 'home town' and shacked up with the woman down the road, so how would you like it if it happened to you, this story,#'hussey'#, people irrelevant to you 'blocking' you from seeing the people you love...this is what they are doing.:cool:
SUrely the only reason two people in love

would 'forke out' $2000aus just to stay together legally; means it should be passed.
'9 months for an assessment'? And what do they propose to do in that 9months that isn't already 'done' in the first 4? And where are you and your 'partner'(considering my m-in law now has leukemia) supposed to live in that time while they do 'evaluation'? There should* be a special circumstances category, where someone can live and work there temporarily in order to 'keep the relationship together', while it is under this so called '9month evaluation', because in my circumstances as outlined in first post (family health etc., and 'countless invites' from fam and friends, written by them..).., there are some pretty damn good reasons.

Mahatma coat · 15-10-2009 10:36AM

Dude, you have a Conviction, End Of Story.

consider yerself lucky that you didnt try to fly into the country, the WiFi on Christmas Island is apparantly terrible

hussey · 15-10-2009 10:45AM

please 'stop' writing like 'this' it makes no 'sense' and is actually 'annoying'

Your argument is illogical, thousands of people are applying for a defacto PR ... it takes time, a lot of people are people are in the exact same boat as you, although your case is sad, I am sure other people have just as sad stories too.

You wouldn't want rapists, thieves or burglars ... but people with assault records are okay? Hmmmm

And no I certainly would not 'sort it out' by assaulting them.

I'm not saying you are a bad person, we've all made mistakes, I'm just saying you don't deserve priority treatment, and you can't expect people who never meet you to not thoroughly check out your records now you have a criminal record, and this will take time.

timmy bobandnj · 15-10-2009 11:05AM

I guess i wrote on here as i was looking up similar stories. They pose a limbo', and yes it is a sad story. Will take time? Time to what, re-drag things up from incidents 7years ago? Is that where the other 5months is of paperwork..time for people you don't know to enjoy reading up on 'negative things' done and dusted, expecting it to 'happen again'??? They like that do they??That takes 5months does it??I get there are thousands and yes i think ours is a 'disaster' story, especially when 'leukemia' is involved, and you are your partner have been inseperable for 2years.
I still say there should be a spec.category for situations like this, because when 1 partner's work visa has ended..what choice do you have?
Letting people get away with theft is stupid behaviour to me, maybe it has not happened to you then.
And yes we were in Oz last year xmas 2months, family meeting, house-building, etc. They (visa dept) give you massive guilt trips you have done the 'wrong thing' meeting yr partners family!
And yes, I and we find the immigration department useless, expensive and slow,not to mention u/k royal mail, re-penalisation is negative,embarrassing&annoying, and not worth the 'pain', other than that it is efficient, and i am sure none of us would appreciate someone you don't know 'coming in' and making decisions on yr lives and stopping you being together.
Believe it or not, i used to work in the British Embassy 15years ago, visa dept so i know the drill.
That's all i have to say for now, cheers for responses, people
If you work in that dept,'hussey', you need tosort out that special circumstances temp p.r category..5more months to read negative crap? Why don't they look at the 'bright things'?
I get the people numbers factor
Appreciate the chat, cheers

p.s Oh,and that's the 'whole point'!!

People that have 'never met you' checking thoroughly yr records? Why don't they just 'meet you'?Face to face, sort it out..how can you expect to make decisions on someone you don't even know. That is like a blind dog learning to walk over a telegraph pole (that was a strange one, sorry). They should sort out appointments, like everyone else does in life, instead of putting people through this gruelling court-like perpetual paperwork. Get more staff in their centres for it. Take another $300 from us to pay for actually meeting them#, or take it out of the $2000

hussey · 15-10-2009 03:11PM

'please' 'stop' 'writing' 'like' 'this' 'it' 'serves' 'no' 'purpose' 'at' 'all'

I don't work at any Oz government department btw, but by posting that picture ... you're right the Oz Gov should just skip all paper work and red tape and let you in the country forever .... :rolleyes:

You have a criminal record, please stop sugar coating this by saying 'Oh but someone robbed from me' ... yes I have things stolen from me, do I assault them - no.

it does not matter if it was 7 years or 7months, you did it, live with the consequences.

and yes it does take that long, other people have been quoted 24months, and they don't have a conviction for assault .. so get over it ... or should I say get over 'it'.

Getting to Australia with a criminal conviction

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