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Emigrating to Australia with a DD conviction

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Old 24 April 2007, 03:49 PM
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Jerome
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Question Emigrating to Australia with a DD conviction

A mate of mine got caught for drink driving last week. He was nearly 2.5 times the legal limit and his car insurance ran out 2 hours before he was caught. He is expecting to have the book thown at him.

Now, before a witch hunt occurs, he has acknowledged his stupidity and is suitably ashamed.

The purpose of this thread is to ascertain if his conviction will affect his 1 year skilled worker visa for Australia.

If this thread descends into trolling or slagging this guy off, I will ask for it to be deleted immediately. We all know his behaviour was unforgivable and he is expecting to pay the price. Debate the evils of DD on another thread please.

For the record, all the research I have done doesn't say whether or not a criminal record for DD affects your visa, even though you obviously have to tell them.

Any help would be appreciated.
Old 24 April 2007, 03:51 PM
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MattW
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AFAIK DD is a criminal conviction so would fall under any rules governing that. I assume he doesn't wish to ask the necessary authorities?
Old 24 April 2007, 03:53 PM
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Minitrue
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Speak to an immigration consultant, initial advice is usually freely offered.
Old 24 April 2007, 04:01 PM
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Freak
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If he has the visa already...no it shouldn't do.
If he hasnt applied yet then yes it will.
If he hasnt applied, then get his form for 'enhanced disclosure' criminal background check in sharpish before he is convicted as it may not show up on it at the moment.
Each case will be taken on it's merits and looked at individually.
Another recommendation here for going to see a decent immigration attorney.
Old 24 April 2007, 04:43 PM
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KiwiGTI
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Originally Posted by Freak
If he has the visa already...no it shouldn't do.
If he hasnt applied yet then yes it will.
If he hasnt applied, then get his form for 'enhanced disclosure' criminal background check in sharpish before he is convicted as it may not show up on it at the moment.
Each case will be taken on it's merits and looked at individually.
Another recommendation here for going to see a decent immigration attorney.
On the application forms you have to say whether you have any convictions, so even if it's not recorded you would still be telling a lie.

Basically they are looking at threats and financial burdens to Australia and it's people, so while not ideal it's also not really something they will consider a real danger especially if the rest of the application is good. ie: If it's borderline something like this might tip the scales, if it's a strong application anyway then it shouldn't have an effect.
Old 24 April 2007, 05:32 PM
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Longjing
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If he got nicked last week it will be a while before he is convicted. At the moment he's just been arrested and (I guess) charged. They might want to know about arrests too, and there may be a catch-all question about naughtiness not resulting in a conviction... but at the moment he's not been found guilty of anything.
Old 24 April 2007, 05:46 PM
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gaz-cole
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i know some one who was jailed for persistent drink driving and he has been granted a visa or whatever the term to go to australia how he got it i dont know so your mate might be ok?
Old 24 April 2007, 05:47 PM
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KiwiGTI
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Yes, there is a specific question regarding being charged and waiting for legal action.
Old 24 April 2007, 06:46 PM
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Lee247
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If he already has his Visa, I can't see there being a problem. This link might be useful

Police Clearances & Offences - Obtaining police clearances for Australian migration applications
Old 24 April 2007, 06:55 PM
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Jerome
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Thanks for all the help guys and girls, much appreciated.
Old 24 April 2007, 08:57 PM
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wakeboardar
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he would still get a visa but he must declare it as it will show on his clearance paper
drugs, firearms,violence and time in prison are the only real set in stone declines
I had a pr visa granted a few months with a declared minor offence
Old 25 April 2007, 10:27 AM
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mr_p1ssed_off
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Originally Posted by wakeboardar
he would still get a visa but he must declare it as it will show on his clearance paper
drugs, firearms,violence and time in prison are the only real set in stone declines
I had a pr visa granted a few months with a declared minor offence
Oh! I'd better cross Australia off my list then



stuck in this bloody country for ever
Old 26 April 2007, 01:54 PM
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velohead66
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He could also ask something on an aussie immigration forum.

Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia is quite good.



When I came to aussie, the customs bloke asked if I had a criminal record.
I said that I didnt realise that it was still a requirement.

Only joking, hahaha.
Well, I thought it was quite funny.
Old 26 April 2007, 02:08 PM
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Ads78
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Originally Posted by velohead66
He could also ask something on an aussie immigration forum.

Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia is quite good.



When I came to aussie, the customs bloke asked if I had a criminal record.
I said that I didnt realise that it was still a requirement.

Only joking, hahaha.
Well, I thought it was quite funny.
i laughed!

Hope the visa application goes smoothly.
Old 27 April 2007, 01:43 AM
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OzzyWRX
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Full disclosure, it's not worth the risk of being questioned and maybe refused entry once he arrives in Oz. I doubt they'd be concerned with DD, however they will be very concerned if they found out he lied on his application.
Old 27 April 2007, 03:43 AM
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Originally Posted by mr_p1ssed_off
Oh! I'd better cross Australia off my list then



stuck in this bloody country for ever
it worries me that you live so close to me, as ive read some of your previous posts. but at least id be laughing if something happened.
Old 27 April 2007, 12:09 PM
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wakeboardar
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Originally Posted by velohead66
He could also ask something on an aussie immigration forum.

Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia is quite good.



When I came to aussie, the customs bloke asked if I had a criminal record.
I said that I didnt realise that it was still a requirement.

Only joking, hahaha.
Well, I thought it was quite funny.

Go matilda are the people who helped me get a visa
1500 quid and 8 months if anyone is interested

we fly out sunday the 6th on a one way
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