Is there a difference between holidaying in Australia and moving over with a criminal conviction?

Question

A few years ago I did the stupidest thing in my life and stole from my employer, and as a result I now have a conviction for theft in a special relationship. I have a family function to attend in Sydney for a weekend in January. Do I need to write to the Australian Consulate for permission to enter? And is this crime considered bad enough for me to be refused entry?

graciedeska · Answer

Hi, there are instructions on the Australian High Commission website about what to do in this situation here: http://www.australia.org.nz/wltn/VisaFAQ.html#criminal It seems like this applies to all visits to Australia, whether temporary or permanent. From what I have read they'll probably let you in unless you have been in prison for 12 months or more - however I'm not an expert on the subject!

cell1 · Answer

Thanks Grace,

I did just that and sent my letter of to NZ police Vetting Centre for them to send my record to the Australian High Commision. I just got my letter from the High Commision stating that there shouldn't be a problem with me obtaining a SCV and entering the country. I have to show this letter to Customs in Australia and then I can get to see my Family :) Thanks for the help!

chairbro · Answer

Hi there.  This is an issue that we deal with every time we go into Aus, so I'm happy to offer some of my experiences on this one.  
My husband was convicted of a driving offence and got a non-custodial sentence.  Since then we have flown in about six times, to Melbourne, Sydney and Adelaide, each time he ticked the declaration box on the immigration form.
Melbourne - four entries into here - they asked at the immigration desk if he has been in prison, he hasn't, so he was let straight through. One of these times was when we moved over permanently.
Sydney - we were pulled aside into a special office, treated very rudely by one lady. Asked alot of questions relating to the offence and sentence for double checking, and then told to wait for about half an hour while full NZ Police record came through.  We were then apologised to by the supervisor for our poor treatment, told that Melbourne officers weren't doing their job, and told the clearance would be noted on file and valid for the next two years. Any time we went in during that period, the immigration officer would be able to see the details had all been checked and let him through.  We were happy with that outcome and even made our connecting flight.
Adelaide - most recently and few months after the Sydney clearance, we were pulled aside and loaded up with questions about the conviction - in public.  This was all after the Sydney rigmarole!  I was quite appalled. At least if they want to ask personal questions they should allow you to answer them in private. 
So my advice is,  the process was a bit randomly applied and doesn't seem to get any easier even if you are a permanent resident.  The Sydney treatment is probably what you can expect, it seems like the correct procedure. Perhaps bring a copy of your police record? Or they will look it up anyway.  They will probably take into account that you are going for a short time also.  If you haven't been to prison for more than three months and honest about what has happened, including ALWAYS ticking the convictions box on the immigration form, especially if you are planning to enter Australia regularly.