belter Posted May 27, 2009 Report Share Posted May 27, 2009 Hi Guys,While hubby & I still play the waiting game, friends of ours are now starting their process (goodluck to them). Not sure if it's a problem, but the husband has a record. It was a bogus charge of assault against him WHICH somehow went to conviction (got to love the juducial system in SA!). Turns out the guy who laid the charge was trying to extort money from him. In the end he plead guilty & now has this record of assault. His lawyer did attach a letter to it proving it was a way to extort money etc... The question is... will this affect their application in anyway??? I do feel for them as they are very keen to leave SA as well. What are their options (if any).Any advice (legal, non-legal) / help will be greatly appreciated!!!Thanks guys... :-)Belter Quote Link to comment Share on other sites More sharing options...
lyall Posted May 27, 2009 Report Share Posted May 27, 2009 there quite a few of us on the forum who had police records...my husband had one on his first pccc, and then when we had them re-issued it wasnt on...who knows what happened there. There is something on DIAC website, sorry i cant remember where about what they actually look for. I dont think your friend need worry...they mostly have a problem with murderers, anything drug related or crimes against children. Quote Link to comment Share on other sites More sharing options...
MANDYBRENT Posted May 27, 2009 Report Share Posted May 27, 2009 I don't think your friends have anything to worry about. My hubby also had a record from when he was 18, he had an accident in the car and knocked a young guy off his bike. We won't get into whose fault the accident was, the guy on the bike was let's say, reckless. Basically they were both shaking so much after the accident, that the numbers they exchanged weren't clear and they couldn't get hold of each other. Hubby only reported the accident the following day - more than 24 hours - too late they cried. He should have reported it within 24 hours. He was young and naive and ended up getting convicted of failing to report accident within 24 hours and was cautioned. He was found not guilty of causing the accident. Anyway to cut a long story short, our agent submitted the pcc with her explainations and everything was approved.I really don't think they will hold this against him. I think as said before they are just wanting to keep out, murderers, terrorists, rapists, drug dealers, fraudsters etc.Good luck to themMANDY Quote Link to comment Share on other sites More sharing options...
Eva Posted May 27, 2009 Report Share Posted May 27, 2009 We have a friend who had a criminal record from when he was 21. Not sure what they actually call it, but there was a fight and he was arrested (this happened in the UK) and was charged with something like assault and was convicted. He got his PR visa for Aus, but I know they spend a lot of money on a solicitor here, along with their application. Are they using an agent? Cos sure the agent would tell them what to do. Otherwise get them to PM me and I will ask my friends if they would mind them making e-mail contact. Quote Link to comment Share on other sites More sharing options...
customeyes Posted May 27, 2009 Report Share Posted May 27, 2009 Hi Guys,While hubby & I still play the waiting game, friends of ours are now starting their process (goodluck to them). Not sure if it's a problem, but the husband has a record. It was a bogus charge of assault against him WHICH somehow went to conviction (got to love the juducial system in SA!). Turns out the guy who laid the charge was trying to extort money from him. In the end he plead guilty & now has this record of assault. His lawyer did attach a letter to it proving it was a way to extort money etc... The question is... will this affect their application in anyway??? I do feel for them as they are very keen to leave SA as well. What are their options (if any).Any advice (legal, non-legal) / help will be greatly appreciated!!!Thanks guys... :-)BelterI very much doubt that this will be an issue at all. I have had a number of similar applicants and they have been fine..... Quote Link to comment Share on other sites More sharing options...
tyde Posted May 27, 2009 Report Share Posted May 27, 2009 (edited) My OH also had a minor charge from when he was 18 - they never even asked further questions - I beleive that they are only concerned about more serious charges. Also had us stressed for a bit! Edited May 28, 2009 by tyde Quote Link to comment Share on other sites More sharing options...
SD_MOA Posted May 27, 2009 Report Share Posted May 27, 2009 Hello All,Here is a link to the 'Character Requirement http://www.immi.gov.au/media/fact-sheets/79character.htm Basically you need to have 'done time' in order for it to be an issue. DIAC are quite understanding of incidents that happened in a person's youth. They are more concerned in recent issues. They also don't like it if you don't inform them of issues and they find out at a later date. If going to Aus on a LSD trip (not the illegal one!) it is important to declare all incidents on the arrival card as these cards are stored and cross checked.I hope this helps.Regards Quote Link to comment Share on other sites More sharing options...
Tracy Posted May 27, 2009 Report Share Posted May 27, 2009 Declare everything, never lie, and know that your application will take longer because it will go to the Character Check Unit.DIAC has to make sure all their bases (asses?) are covered. Quote Link to comment Share on other sites More sharing options...
Strumfie Posted May 28, 2009 Report Share Posted May 28, 2009 Hi Guys,While hubby & I still play the waiting game, friends of ours are now starting their process (goodluck to them). Not sure if it's a problem, but the husband has a record. It was a bogus charge of assault against him WHICH somehow went to conviction (got to love the juducial system in SA!). Turns out the guy who laid the charge was trying to extort money from him. In the end he plead guilty & now has this record of assault. His lawyer did attach a letter to it proving it was a way to extort money etc... The question is... will this affect their application in anyway??? I do feel for them as they are very keen to leave SA as well. What are their options (if any).Any advice (legal, non-legal) / help will be greatly appreciated!!!Thanks guys... :-)BelterWith the state of the police at the moment I would be surprised if they do actually still have records of it and from the other responses you need not worry too much. Quote Link to comment Share on other sites More sharing options...
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