teejaygb Posted August 18, 2009 Share Posted August 18, 2009 Please can anyone help us - I am in bits - we have just been notified that our visa will be refused due to the fact that my OH failed to put on a passenger card back in 2005 on our only holiday to Australia that he had a criminal record. Basically he got into trouble when he was 16/17 - some 20 years previuos to the trip and never thought to put it on the card when we were on the plane. He didn't do it on purpose he genuinely thought that it was a totally spent conviction and he no longer had a criminal record. Now the case officer has picked up the error and will refuse our visa on this incident. Please can anyone help us. They have given us 28 days in which to appeal against this and make right this wrong. How do we go about this - has anyone else been in the same posiition ?? Please help if anyone can we are devasted. Tina Link to comment Share on other sites More sharing options...
northernbird Posted August 18, 2009 Share Posted August 18, 2009 Please can anyone help us - I am in bits - we have just been notified that our visa will be refused due to the fact that my OH failed to put on a passenger card back in 2005 on our only holiday to Australia that he had a criminal record. Basically he got into trouble when he was 16/17 - some 20 years previuos to the trip and never thought to put it on the card when we were on the plane. He didn't do it on purpose he genuinely thought that it was a totally spent conviction and he no longer had a criminal record. Now the case officer has picked up the error and will refuse our visa on this incident. Please can anyone help us. They have given us 28 days in which to appeal against this and make right this wrong. How do we go about this - has anyone else been in the same posiition ?? Please help if anyone can we are devasted. Tina I suggest you speak to an agent as soon as possible. George Lombard or Alan Collett at Go Matilda are considered reputable. Don't delay. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 18, 2009 Share Posted August 18, 2009 Hi Tina You really need to get some professional advice quickly. Like Northernbird has said, Alan and George are two reputable agents. Good luck Kate Link to comment Share on other sites More sharing options...
teejaygb Posted August 18, 2009 Author Share Posted August 18, 2009 Please can anyone help us - I am in bits - we have just been notified that our visa will be refused due to the fact that my OH failed to put on a passenger card back in 2005 on our only holiday to Australia that he had a criminal record. Basically he got into trouble when he was 16/17 - some 20 years previuos to the trip and never thought to put it on the card when we were on the plane. He didn't do it on purpose he genuinely thought that it was a totally spent conviction and he no longer had a criminal record. Now the case officer has picked up the error and will refuse our visa on this incident. Please can anyone help us. They have given us 28 days in which to appeal against this and make right this wrong. How do we go about this - has anyone else been in the same posiition ?? Please help if anyone can we are devasted. Tina Just bumping this up - anyone out there come across this before who can help ?? Not sure what to do - we've drafted a statutory declaration explaining that this was an oversight on my OH behalf thinking at the time that due to the offence being 20 years previous he presumed it was the same as the uK and spent - but really need legal advice - does anyone know of a good immigration lawyer?? Link to comment Share on other sites More sharing options...
calNgary Posted August 18, 2009 Share Posted August 18, 2009 Hi Teejay the migration agents listed in the above post are good guys, if you give them a call they will at least be able to point you in the direction of who is best to help in this situation if they can't. Good Luck and let us know how you get on, i am sure your hubby isnt the first to have done this and i doubt he will be the last. Keep smiling Cal x Link to comment Share on other sites More sharing options...
ozzbound Posted August 18, 2009 Share Posted August 18, 2009 I've sent you a very long rambling pm :laugh: xxx Link to comment Share on other sites More sharing options...
Guest Tamarama Posted August 18, 2009 Share Posted August 18, 2009 Hi Tina, Contact George Lombard he is an immigration lawyer in Sydney. Let us know how you get on and keep positive... Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted August 18, 2009 Share Posted August 18, 2009 Hi teejaygb What was the convicton for and did it involve a custodial sentence? Australian Immigration Fact Sheet 79. The Character Requirement (Seems a bit unliikely to me that someone who has been sentenced to death would apply for an Aussie visa, but who knows?! :wink:) The Stat Dec is the right idea and make sure that it includes grovelling remorse. Character references from "respectable types" will help too. The main thing is not to panic, hon. That is unnecessary and it does not help. Cheers Gill Link to comment Share on other sites More sharing options...
SOMV Posted August 18, 2009 Share Posted August 18, 2009 Hi, Don't panic just because the letter says the visa may be refused, that is the normal wording. What is really happening is that they are giving you a chance to explain why your husband didn't declare whatever he didn't declare. But you must get the information in within the 28 day period. This happens a lot because people assume that the "spent"conviction rule applies, but in fact it really does not, not for the purposes of the Australian visa application anyway. So whatever it is you did 20, 30 years ago, it will appear on your police check. If you forgot all about it, and didn't mention it on your forms, then you must explain that that is what happened - ie: you forgot because it was such a long time ago, and then also explain the actual circumstances of the charge/conviction. If, as Gill has pointed out, it is a case of a more serious offence, then maybe you want to have a chat? I will be happy to steer you in the right direction, so please feel free to give me a call. Cheers, Veronika Link to comment Share on other sites More sharing options...
Alan Collett Posted August 18, 2009 Share Posted August 18, 2009 I understand entirely the positive sentiments noted above, but the one skilled visa application we have ever had refused from a UK based applicant arose some 5+ years ago when the applicant omitted to mention a past conviction to us (and consequently on the visa application). Of course the conviction then came up on the police clearance certificate. DIAC subsequently pulled from their file a copy landing card from a visit to Australia some 12 years previously which also failed to disclose the past conviction. In spite of efforts then being made to remedy the previous omission (using methods as described in above posts) the failure to include the past criminal record on the visa application and the previous landing card was seen as a failure to acknowledge past misdeameanours and evidence of bad character. Result: visa refused. I have exchanged PMs with the OP, and very much hope you can overcome this difficulty. However, the risk of visa refusal is real, and the situation the OP is facing highlights the need to be completely transparent - disclose everything on a visa application, and on landing cards when entering Australia. Best regards. Link to comment Share on other sites More sharing options...
teejaygb Posted August 18, 2009 Author Share Posted August 18, 2009 We were totally honest and upfront on all the application forms - we have given them details on everything never trying to hide anything. This situation has arose due to a previous holiday in 2005 when my OH failed to tick the box on a passenger card asking if had a criminal record. He didn't do it deliberately he thought as the offence was a juvenile one from 18 years previous it was spent and his record was clear. How wrong was he. He didn't do anything really bad - although obviously he regrets his actions from his youngster days no drugs, weapons of mass destruction, terrorism, physically hurting anyone etc etc. When we came to file our application he has never missed anything on the forms its just the passenger card which is causing the problem now. Thanks to everyone for their advice and we have received some expert advice now experienced people on POI - we just wished we had gone with a much more experienced Agent - nothing wrong with ours but she is just not experienced enough - she hasn't come across this kind of thing before. Anyone who is looking for an agent at the moment - all I can say is don't let money come into it when choosing an agent - this is a big decision which your whole life depends upon and a good fully experienced agent is worth their weight in gold. 2 years of waiting and heartache and you start to wish you paid a little more for your agent. Just want to add a huge thank you to Richard Gregan and Alan Collett they are both very experienced and we wished we'd gone with someone like them. Link to comment Share on other sites More sharing options...
Cots Posted August 18, 2009 Share Posted August 18, 2009 My heart is thumping as I've read through this thread. My OH had a criminal record when he was 17 and we knew it would need to be declared when we apply to DIAC although otherwise it would be treated as a spent conviction. We met travelling Asia and flew seperately to Australia where we met up again. God knows what he filled in on his landing card. I reckon he'd have thought the same, that it was spent and therefore ticked the no convictions box! He's not here to ask and it was 7 years that we went to Oz so God knows if he'd even remember what he put. Can I ask what advice you've had?? I thought we'd just got over the worst hurdle which was the Vetassess practical, should I be worried? Link to comment Share on other sites More sharing options...
teejaygb Posted August 18, 2009 Author Share Posted August 18, 2009 Hi there, I have had so many replies and well wishes from this site today - what I have realised though is that quite a lot of people (blokes mainly LOL) have juvenile convictions / offences from their youngster years. I am starting to think that this must happen quite a lot with people not marking down the criminal conviction box on the landing card / arrivals card whatever it is due to them thinking that the offences were so long ago they are deemed spent. I can't answer your question on whether it will be a problem for you - but it has turned into a huge problem for us - one which I am taking very seriously and have been working on all day. I have had messages from people saying they were in the same position and they have been granted their visas so hopefully we will both be okay too. To try our best to resolve this oversight my hubby has written a Statutory Declaration explaining that it was not his intention to hide his conviction, that he truely thought it was spent due to the fact that it was over 18 years ago when he was a juvenile and that it was classed as spent in the UK so thought the same rules applied in Australia. He states that he is sorry for his mistake and the impact it has had on the Australian Immigration Department. We just hoping thats enough really. Link to comment Share on other sites More sharing options...
loubylou475 Posted August 18, 2009 Share Posted August 18, 2009 Oh God, my heart is thumping too! We've just started the whole process again this week (minus the skills assessment, that still stands), we have truthfully declared my OH's drink-drive conviction from 1996 but I've just asked him and he says he remembers us discussing this on the way into Oz on hol last year and that he knows he ticked 'no convictions' for the same reason, it's no longer on his driver's license and is considered 'spent'. For a country that's crying out for migrants, some of the hurdles are set so high! Fingers crossed for everyone that they get thru this, Louby. Link to comment Share on other sites More sharing options...
Cots Posted August 18, 2009 Share Posted August 18, 2009 He doesn't remember what he put!! I was just thinking the same about blokes in their younger days! Good luck and please keep me informed. I've just googled 'spent convictions' and found a few sites detailing when a conviction is spent so no one can blame anyone for thinking it needn't have been disclosed and I guess DIAC must be aware of this - we hope! Link to comment Share on other sites More sharing options...
Guest Rachel & Rod Posted August 18, 2009 Share Posted August 18, 2009 Hi thanks for the info, does this include driving offences such as drink driving 20 yrs ago 18 mth ban £350 fine and a seperate one driving without due care and attention . We did not put these on the flight form either ?? BUT we have not submitted our visa app's yet ?? Link to comment Share on other sites More sharing options...
Guest cluedo Posted August 18, 2009 Share Posted August 18, 2009 Hi yes drink driving should be put on your visa. I have just gone on the acro website and there is a link to a list of all convictions on the police database and the catergory and drink driving was listed. Link to comment Share on other sites More sharing options...
Guest Daniellemc Posted August 22, 2009 Share Posted August 22, 2009 Hi everyone, I am new on here but someone told me to read this thread as we are in a similar situation. There are 10+ of us going out in December for a wedding and a bit of a reccie trip with a view of going for good in the next year or 2. What happened was one of the party (the groom as it happens) spent 8 months in prison 22 years ago, he has been to Australia twice in the last few years and has been on an ETA and not ticked the box regarding criminal convictions and he thought these were 'spent' and gone. Now we are panicking as to what to do for this trip as he does not want to jeopardise wedding but obviously does not want to jeopardise future plans of immigration. Sorry to jump in but was wondering if anyone could advise us? Thanks in advance Danielle Link to comment Share on other sites More sharing options...
Alan Collett Posted August 22, 2009 Share Posted August 22, 2009 Please - anyone in the situation described above: take advice from a professional migration advisor. This is too serious an issue to leave to comments (however well meaning) on forums such as this. With certain right wing commentators appearing in the press observing that migrants are a cause of increasing crime we can anticipate DIAC being increasingly rigorous in this area. Best regards. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 22, 2009 Share Posted August 22, 2009 Hi All I have to agree with Alan, if you are serious about getting in to Australia and have the issues discussed on this thread it is not something that can do on your own, you need to take advice from the professionals. If you try and do it yourself you may be setting yourself up for failure. Link to comment Share on other sites More sharing options...
Guest Rachel & Rod Posted August 22, 2009 Share Posted August 22, 2009 Allan would a DR10 (drink driving conviction non custodial) 20 years old but not declaired on passenger card two years ago cause me any problems?. many thanks Rod Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted August 22, 2009 Share Posted August 22, 2009 Hi Rod Have you made a visa application as yet? If so, did you declare the d/d conviction in that? Are you using a migration agent? If yes, they are not supposed to interfere with each other's clients. Cheers Gill Link to comment Share on other sites More sharing options...
Guest Rachel & Rod Posted August 22, 2009 Share Posted August 22, 2009 No have not yet made application am still collating information. it's a 457 employer nomination. not using migration agent processing our selves with help from sponsor. will the dd cause problems with the application if i did not put it on immigration passenger card on a previous holiday to Australia?. Many thanks Rod Link to comment Share on other sites More sharing options...
wrussell Posted August 22, 2009 Share Posted August 22, 2009 No have not yet made application am still collating information. it's a 457 employer nomination. not using migration agent processing our selves with help from sponsor. will the dd cause problems with the application if i did not put it on immigration passenger card on a previous holiday to Australia?. Many thanks Rod Having submitted false information to Australian immigration, you have a problem. You have already been advised what to do by an expert registered migration agent. Link to comment Share on other sites More sharing options...
Guest Rachel & Rod Posted August 22, 2009 Share Posted August 22, 2009 WRussel Have not had a reply from registered migration expert ?? Link to comment Share on other sites More sharing options...
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