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Posted

I am wondering as to wether the Australian Embassy actively looks up criminal records. If they do would this be at a state level or Federal level.

I am about to sponsor my wife and I have a colorful record in NSW. (No jail only fines etc) but I have BSE, drugs, and assaulting police from a foolish few years.

I have thought about saying no to a criminal record and taking the risk of them not checking on a state level in Australia as I am worried about it affecting the application.

Any thoughts?

Posted

Tell them the truth, if they find out themselves and you didn't mention it, your gonna be in a much bigger hole than if you did tell them.

Mark

Posted
Tell them the truth, if they find out themselves and you didn't mention it, your gonna be in a much bigger hole than if you did tell them.

Mark

Agree....If they ask that is....if they dont ask then you dont need to tell them.

Posted
I am wondering as to wether the Australian Embassy actively looks up criminal records. If they do would this be at a state level or Federal level.

I am about to sponsor my wife and I have a colorful record in NSW. (No jail only fines etc) but I have BSE, drugs, and assaulting police from a foolish few years.

I have thought about saying no to a criminal record and taking the risk of them not checking on a state level in Australia as I am worried about it affecting the application.

Any thoughts?

Hi infusion,

Can you clarify:

1. Are you an Australian citizen or PR?

2. What are you sponsoring your wife for?

3. Where did you see the requirement for you (as sponsor) to submit criminal record checks?

If you want, I will run it by the office MA's and PM you the answer.

BTW another quick thought are any of the above excluded offences?

Posted

There is an international computer hook up available to all law enforcement agencies around the world.

You may have a piddling little offence recorded against you in NSW but that offence is there for officers to see, should they need to check.

The Australian Government, through its various departments, also have access to this information.

If you are filling out official documents that ask about criminal records, and if you have a criminal record, regardless of how minor it may be, you would be wise to disclose this information.

If you are now a reformed law abiding Australian citizen and have served your punishment for your past indiscretions, the disclosure of your criminal record should not become a barrier to being an honest sponsor for your wife.

As Douggie has asked, I'm wondering what form you are filling out that requires this disclosure.

Posted
There is an international computer hook up available to all law enforcement agencies around the world.

You may have a piddling little offence recorded against you in NSW but that offence is there for officers to see, should they need to check.

For things like common assault?Really?

Posted

The question in General is on 40SP - Question 39 - Have you ever.... beeen convicted of a crime or offence...... etc

In which case one would have to answer YES (or lie) and then state your record.

I have since learnt 40SP internet doesn't ask this question and have successfully completed this and printed this off.

Therefore I suggest to anyone with a criminal record to use 40SP as stated earlier "If they don't ask, you don't tell"

Posted

And this response from an Australian Immigration lawyer...

"Dear XXXXXXXXX

Your convictions should NOT affect your wife's application, subject to your meeting all other requiremnts.

You may wish to proceed to lodge the application, and then see what happens. If it is raised an issue, we will obviously be pleased to assist you with it.

Regards

Barrie Goldsmith

Goldsmiths Lawyers/Australian Immigration lawyers"

Thanks everyone for your advice...

Posted
I am wondering as to wether the Australian Embassy actively looks up criminal records. If they do would this be at a state level or Federal level.

I am about to sponsor my wife and I have a colorful record in NSW. (No jail only fines etc) but I have BSE, drugs, and assaulting police from a foolish few years.

I have thought about saying no to a criminal record and taking the risk of them not checking on a state level in Australia as I am worried about it affecting the application.

Any thoughts?

I thought having a criminal record in Australia was a requirement in order to live there?

Posted
I am wondering as to wether the Australian Embassy actively looks up criminal records. If they do would this be at a state level or Federal level.

I am about to sponsor my wife and I have a colorful record in NSW. (No jail only fines etc) but I have BSE, drugs, and assaulting police from a foolish few years.

I have thought about saying no to a criminal record and taking the risk of them not checking on a state level in Australia as I am worried about it affecting the application.

Any thoughts?

I thought having a criminal record in Australia was a requirement in order to live there?

Not true - but only a few short years ago you needed a criminal record in Pommyland (steal a handkerchief or a slice of mouldy bread was enough) as a first step to your (free) ocean voyage to Oz :o

jack

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