Australian Visa conviction resulted in prison sentence of 12 months or more

[Australianvisa]

Just wondering if anyone has any experience in obtaining an Australian travel visa when there was a prison convictions a long time ago of more than 12 months? There are compassionate reasons for travel but not directly related to partner more so to me and I need him for support for mental health and support with two young children. Thanks

I think it depends on what the conviction was for, how long the sentence was and also current good character.

12 months isn’t a long time ago. 20 years the Ozzies don’t think is long either if it comes to a prison sentence so odds of getting a visa pretty much nil

It says prison conviction a long time ago of more than 12 months not 12 months ago

This blog has quite a lot of detailed information.

Visiting Australia With A Criminal Record - Expert Advice & Assistance

Information here https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character

It depends on what he did.

And I would advise against saying you need him for support for your mental health unless you have an Australian passport.

If you do apply, make sure you declare it. Everything. It all depends on the nature of the crime and if there's any other misdemeanours since.

This is a great website for advice
https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/

I know someone who had a suspended prison sentence and was let into Australia if that's any help but I suspect it's adjudged by case by case depending on what offence.

It seem those of us replying to the thread have done more basic googling than the OP...

There’s isn’t much you can say without knowing what he did, that’s the crux of the matter. What I do know from experience is that Australia don’t let in non-citizens who they perceive will be a burden so declaring that you need a person for medical support is not a good idea.

How did they go about this? Do you know how long it took to sort the visa? All I can see is applying for the subclass 600 visa but then all I see is that it will be rejected and not much about what to do after and if will be successful

Thank you didn’t realise this. I still need the support as it’s a huge situation as to why I am travelling also with two young children weve never travelled on a plane longer thqn 5 hours No experience of connecting flights etc

Thank you yes I didn’t realise this. I will stick to more support for the children then. And compassionate reasons. It was 2013 conspiracy to supply cannabis in his teen years. He didn’t actually have any drugs it was the paraphernalia phones etc. he was sentenced to 16 months. Also there was a previous prison sentence as a minor also where he went for burglary I think not sure how long that one was. I know it sounds bad but he’s completely a different person now this was all before he turned 20 he is in his 30s now. Has his own business settled had a family.

How do you argue this though and explain your point? Is it all on the visa application. I haven’t applied for his yet as don’t want to be rejected and banned. Wanted the info yet. Mine and the children’s were all granted instantly

I have researched this a lot. I know he will automatically fail the character test and I’m wondering if there is a way around this. And how. I already have mine and the children’s flights booked and paid for after Christmas so i don’t want to risk the application being rejected and banned so want as much info

Make enquiries of a reputable migration agent. Join a Poms in Oz Facebook page for recommendations.

No one on here’s deals with the Immigration Department enough to give you the answer you want. And they are a world unto themselves.

Or ring Australia House and ask if they have a chat line or if you can make an appointment (I don’t know if you can) and ask.

If you had researched this a lot - or even read a few paragraphs of the websites linked, you would have the answer to most of your questions. What no-one here can answer is how his individual case will be viewed, and you cannot "find a way around" these rules.

Just some samples from the site I linked:

If you have criminal convictions, with a prison sentence totalling 12 months or more (whether served or suspended), you will fail the character requirements and you cannot apply for an ETA visa for Australia. It does not mean that you cannot get a visa, but you will have to supply further information to enable authorities to verify your character.

Additional requirements when applying for you visa:
Being able to support yourself financially during your stay in Australia

There are also additional costs.

• You will have to pay an Australian Government application fee for processing the application.
• If the application goes for further character assessment, you will have to pay a further fee
• Additional fees that may apply are for a police clearance certificate.
• There will be additional fees (payable directly to the agencies involved) if any documentation requires verification

If you are travelling in December, you may have left it too late.

When criminal convictions are involved it typically takes at least 3 months, but it could be up to 12 months, to obtain a decision on a visa dependent on the severity of the sentence and the exact pathway that is deemed suitable for the application by the Australian immigration case officer assigned to your application.

Do you mean you are travelling in December? The most important thing to increase his chance of going is he needs to apply now - and it may already be too late. Leave it much longer and the chance he'll be able to go with you is zero as the visa won't be back on time, even if he is accepted.

No one can tell you if he'll be let in, as it's a case-by-case basis. In his favour is the fact that it was a while ago, he's of good character since, and the offense was only just over the threshold. Not in his favour is the fact that it was his second prison sentence (and this is potentially a big deal).

As you have a few months, it might be worth thinking about the plan for if he is rejected. If you've got the money/time a practice holiday somewhere he will be allowed to get the children experienced on longer flights. Can you afford to upgrade your seats?

Unfortunately it’s far too late now to apply and go through the character verification in time for December. This generally takes minimum 6 months.

Thank you yes I didn’t realise this. I will stick to more support for the children then. And compassionate reasons.

I just would not mention at all the supporting reason. The compassionate grounds, yes. But supporting you or your children isn’t a desirable attribute. They don’t want people who need support.

Or they'd suggest you bring someone else to give the support - someone who passes the character test.

I wouldn't advise taking the kids unless you really, really, really have to. Can you leave the kids with him at home? You'd be going on your own but you'd have less stress knowing the kids are safe back in the UK. And maybe take a friend instead of him, if you really can't go alone?

Yep, she could bring a best friend or relative if she needed support. And leaving the kids behind would be the best.

If I were you, I’d concentrate on getting more confident about doing this flight on your own with your dc. I have done it so, so many times and it’s not actually that bad. Once you are on, you are on.

The kids will watch tv, they will eat, they will watch more tv, they will go to the toilet and have a little snooze etc. There is nothing else to do or anywhere to go so they will just get on with it. Changing planes is not as daunting as it sounds. Plenty of other people will be doing the same journey for a start.

Sometimes when you get off and it’s a short change over, they shepherd you in to a holding area where you can stretch your legs and go to the toilet but you can’t get lost. If it’s a longer changeover, there’s plenty of time. There will be signs of course and loads of staff. Anyone will tell you where to go. Everyone just wants the passengers on their flights.

When my youngest was five my oldest and I were getting the suitcases from the conveyer and the little one went through the ‘nothing to declare’ doors and out in to the main part of the airport on her own. Holding three passports as that was her job. That’s the worst thing that happened to me and it was OK.

You really need to think hard about telling immigration that you will need support because they might withdraw your visa.