Criminal convictions

[Guest cki2011]

Hello

 

We have passed all the trade and medicals etc and just need to send in the police checks my partner has a conviction from 1996 he got 3 mths for assault and he got 18 mths for attempting to pervert the course of justice (basically he wouldnt give the name of the lad who commited the assault as he threatened to harm my partner and his family if he did so the judge charged my partner with perverting the course of justice for not disclosing the information. he appealed and got it dropped to 15 mths in total we feel that the sentance was very harsh and as it was a long time ago and we have a family now and our own business plumbing & building this should be taken into consideration and our agent thinks if we send in lots of good character references we will get the Visa does anyone have any experiance with this sort of thing ie a conviction and got the visa.

 

Thanks

Mel

[minty]

On the DIAC website i think it says over 12 could be a problem.

 

You need to read fact sheet 79 on the DIAC website.

 

It Says -

 

Substantial criminal recordsA 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.
  

[snifter]

My understanding is anything under a year is acceptable but over a year is not. There are numerous threads over on PIO about this.

 

Do you have a case officer? Agent? You need to declare it all. I don't have any personal experience re this subject, only what I've read on our sister site and here. I guess you can declare, get all the character refs etc you can and hope for the best. The reasons why your OH didn't give the name won't really matter, they are not looking at that but the criminal record and prison sentence given.

 

I found a couple of threads on PIO on the subject. Links below. Please ensure you read all the replies in the thread as some of them hold important information that the initial post. Although they all basically confirm a year or more is a no go. Even if less is served, if the actual sentence was for longer it all counts.

 

http://www.pomsinoz.com/forum/migration-issues/92856-criminal-record-question.html

 

http://www.pomsinoz.com/forum/migration-issues/91906-severe-criminal-record-please-help.html

 

[Guest cki2011]

Hello Thank you for your time giving me a response i really apreciate it i think all we can do if give it our best shot and hope they take into account our life has changed in the last 17 years and we will not be a threat to anyone over there.

 

On the DIAC website i think it says over 12 could be a problem.

 

You need to read fact sheet 79 on the DIAC website.

 

It Says -

 

Substantial criminal recordsA 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.