can i get in to australia if i have served a 12month home detention sentence? please help

hey there, short answer is YES...BUT

its a complicated process..each NZ passport is automatically issued a special catergory visa (SCV) visa class 444 however..because you have convictions that are recent AND quite severe you may have to apply to the australian consulate for permission and see what they have to say..my best guess is they will say NO you cant work or live in australia and that you will need to apply for a "visitors visa" this allows you entry into oz but you must NOT work on that visa and the visa allows you a maximum stay of 3 months before you MUST return back to NZ. This is the "good boy/girl" way of doing things..the down fall is they will NOT look at your character and merely judge you on your behaviour :(

the other is:

you are more than welcome to jump on a plane and try your luck into getting into oz, you might get stopped in customs you might not but it is embarrasing if you do. when you fill out your arrivals card you MUST tick the box that says Do you have any convictions? - now here is the stinger..according to customs officers "convictions" means and includes (to them) any court hearings you have been involved in whether convicted or not..i presumed conviction meant serving time, getting charged etc..but no even if you have been summoned to court for ANYTHING that is classed as a conviction. (dumb i know - australians have this awesome thing of NOT explaining things properly) The point is its entirely up to the discression of the customs officer you deal with here in oz. They could say ok you can come in or they can say no you will have to board the next plane back.

So you either "try your luck" or apply through the consulate and see what THEY say.

I know all this because we tried to get my father in law to come with us to oz, but he had finished a 10mth stint inside (this year 2012, hes actually still on proby so cant come anyway lol) for DIC and his past convictions were endless for DIC and drugs..we applied through the consulate and hes only allowed here by getting a visitors visa (after he finishes his proby period)..thats a good thing though at least they didnt say he couldnt. Now the conviction part was my hubby got pulled up here in brissy airport for having past convictions (after going in and out of oz numerous times before)..NONE he was ever actually convicted for, just charges laid against him but later dropped..this was 10 years ago..anyway he was pulled aside and we spent the next 2 hours in the airport as he was under investigation..before the customs boss chick said you are free to go but NEXT time you MUST tick the convictions box. Theyre cracking down on all the migrants entering oz with criminal convictions (mainly because of the nz guy who ripped off the public health sector here and had previous convictions)..i know of many who have come over thinking yup im allgood then next thing theyre being deported. So its best to go through the consulate in auckland..it'll be good for you considering you only wanna go for a holiday and would you rather come here knowing you're actually allowed or spend your holiday looking over your shoulder every ten seconds..

Hope this has helped you and good luck :)

sorry not visitors visa..my mistake its a tourist visa :)

i have been declined acv for nz criminal records i hve letters that i have changed i have completed sentences a letter from probaton and employment letter can i still or try to apply i have current qualificatons that can help me find work in australia

I dunno but I moved to perth to work in 97, my baby was born in manly nsw in 05n left auz to work in south america in 07, came home to nz in 08, tried to go back to brisbane in 09 and got refused entry for a 12month SUSPENDED SENTENCE IN NEW ZEALAND, Dating back to 2001 .. never had conviction in auzi at all and my daughter is Australian born ...so go figure .. yet my nephew got in last year and had armed robbery conviction

Just wanted to let you know that if you are sentenced to Home Detention - it is a non-custodial sentence. If you are sentenced to imprisonment and apply to serve this by way of Home Detention, then it is considered a custodial sentence. Would be interested to hear if you got into Oz?

My sister got home D for 12 months for fraud and this was about 7 years ago and now she has a job in Oz and her and family are going to move there.

My sister is also getting done for fraud looking at 12months home d. Would she be able to enter oz and work here? She is in an abusive relationship and needs to get out.