Moving to and working in Australia with a spent conviction...
In march 2010 i was arrested for possesion of cannabis with intent to supply, and also supply of class A on one occasion. I was given a 2 year susspended jail sentence, which has now finished, and 200 hours community service, which is also finished with. I have not had any trouble with the police before or since this time, and have also gained further qualifications and held down full time work. Me and my girlfriend were wanting to go travelling, ending up in Australia by march 2013. my question is how likely is it i will be accepted into the country by that time, and would i be eligible to work? any help is greatly appreciated cheers.
New Zealand citizen's can work and live in Australia indefinitely.
Helpful - wrong - you need to actually get permission to enter Australia with a criminal conviction http://www.movingtoaustralia.co.nz/visas/
You have been given a golden chance, with your suspended sentence. When entering Australia, you will be required to answer the entry question honestly. Have you ever had a criminal conviction? You answer yes and Immigration will take you aside and ask you what it was. even if it was a traffic conviction. You will have to suffer some embarrasment, and most likely they will hold you until they can obtain a copy of your police report from NZ. Now, the Immigration ACT states that they can deny you entry IF. "you have been convicted of a crime that has imposed a custodial sentence of 12 months or longer. As you have a "suspended" sentence and you state the probationary period is over then you have the right ti be granted a "Special category Visa, which as a NZ citizen you receive on arrival via a stamp in your passport on arrival. To confirm this goto www.ttsaustralia.com the Visa Agents for Australia, and download the consent to disclosure of criminal record, then send it back to them. You should receive a confirmation email confirming your clearance to be eligible for an SCV.
As for work, I'm not sure that you qualify as having a spent conviction, as under the Commonwealth Spent Convictions ACT, to qualify it has to meet three criteria.
- Be older than 10 years
- Sentenced to less than 30 months.
- Not reoffended during the ten year waiting period.
However if you face an employment questionaire, read the questions carefully, then it is upto you how you answer, as I don't believe the ACT will protect you, and neither will the privacy ACT should an employer want to find a reason to fire you on the basis that you did not disclose a conviction less than ten years old.
good luck mate.
In March 2007 I was arrested and jailed for 6 months and Supervision for 12 months for fraud (using documents for precuinary use) which I have now completed. I moved to Australia in 1989 and moved back to New Zealand in 2005. Me and my partner would like to move there again as we have employment lined up for us. I have had no other criminal conviction since then and just wondering what my chances are of going back there.
Thank You