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Posted by imakiwilad 16 years ago.

What is the law regarding entering Australia with a criminal conviction?

For example, I was in prison for just over a year. I have been out for about 8 years and not been in trouble since.

82 replies, the latest on 22 April 2020.
Reply from jesus-people-read 9 years ago.

All the people tellling their stories and asking "... so can I enter?" should at least give everyone the dignity of doing basic research. The answer to your question is this.

If you were sentenced to a year or more in custody, the answer is usually no, barring an extraordinary effort.

If you were sentenced to less than a year or a non-custodial sentence, then there's a good chance you may be allowed in however it is still discretionary and they STILL may say no (as is the case with border entry everywhere), even though your chances are much higher.

There is no guarantee, but the general rule of thumb is that less than a year or no custody, its worth a shot. Over a year, you're probably up a creek barring a stroke of luck and a lot of money.

Reply from m-kohi 16 years ago.

"New Zealand citizens with medical conditions or criminal convictions should approach the nearest Australian immigration office to discuss their entry to Australia before travelling to Australia".

The character test A person will fail the character test where:

they have a substantial criminal record they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct having regard to the person's past and present criminal conduct, the person is found not to be of good character having regard to the person's past and present general conduct, the person is found to be not of good character there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community. See: Fact Sheet 78 - Controversial Visa Applicants

Substantial criminal records A person is deemed to have a substantial criminal record if they have been:

sentenced to either death or life imprisonment sentenced to a term of imprisonment for 12 months or more sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

There was an application form on www.immi.gov.au where it would release information from NZ Police to the Australian Immigration Service, who would then assess your criminal history and decide whether you're a risk to the general public. It might pay to contact the Australian Embassy and see what information they have for you.

Reply from tigerlilly 15 years ago.

My partner and I decided to move to australia to be closer to his young daughter and to members of my family - before we left I emailed australian customs to find out what he needed to do to enter australia as he had previous criminal convictions- the reply came back to contact immigration australia or go to their. website, which we did.

Unfortunately it was unclear and we thought that because he had not had any convictions in the last 10 years he would be ok - NOT THE CASE!!!

My partner ticked the criminal convictions box on the arrival card. He was then stopped at customs and interviewed by immigration for the next hour or more.

They refused him entry for having been sentenced to more than 12 months imprisonment over 14 years ago and told that he must apply for a visa back in New Zealand.

I remained in Australia as I was committed to a property. Once back in New Zealand my partner contacted Australian Immigration in Auckland to ask for help in determining which type of visa he needed to apply for.

They were very uncooperative and referred him back to the website - which has over 50 visas on it - not very user friendly.

Does anyone know of this happening to anyone else and if so what visa to apply for??

Reply from wahi 14 years ago.

try visa subclass 461

Reply from criminal-issue 13 years ago.

I was been sentenced 2.5 years imprisonment for induce people under 12 for indecent act. in 1993 when I was young . now 18 years past. is it possible to go to australia without visa?

Reply from elev8 13 years ago.

I have been on home detention for 6 months for drug charges and want to move to Australia where my mum and sister live. What are my chances?

Reply from griselda 13 years ago.

If you have any criminal convictions you need to apply to the Australian High Commission for permission to enter Australia and/or a visa:

https://www.australia.org.nz/wltn/VisaFAQ.html#criminal

Every ruling is on a case-by-case basis and there are no hard & fast rules as to who will be allowed or denied entry.

Generally your chances are much smaller if you have spent 12 months or more in prison.

Reply from dannie 13 years ago.

My patner was denied entry into Perth at the start of this year. He had served 3 months of a 12 month sentence. He had only turned 18 and after 3 months the parole board said he shouldnt be there etc and he was released.

This was 10 years ago. We really thought he would be ok. He had character letters, references from past employers, I myself am Australian citizen, we have 4 children aged 9 through to 2, we had a house lined up and he had a job to go to.....everything was sorted but he was still refused entry beacuse his sentance was 12 months.

He is now back in NZ and me in WA and we are in the process of waiting for a visa 40SP/47SP. This is going to take at least 12 months due to the character asessment...... its heartbreaking and fustrating.

My advice would be to NEVER assume that you will be OK or it wont happen to you, we thought that and its ended up in a nightmare.

TIGERLILLY have you progressed since your last post and is your man here yet?

Anyway good luck to everyone and fingers crossed our visa gets accepted :)

Reply from lovebug 13 years ago.

Thanks for your posts..my enquiry is a little similar. My partner has a criminal record for thieft back 10 years ago (back when he was young and dum) lol hes never been to jail, and has no convictions for drinking and driving or drugs etc...anyways we want to move to australia with our 3 children and after reading your posts im left thinking that ticking 'no' to criminal convictions on the arrival card would be better. i dont condone dishonesty but it seems ticking yes might back fire and he'll be refused entry. What they dont know wont matter right???? or..... is "honesty the best policy"?

Reply from dannie 13 years ago.

Honesty is the best policy ....... my patner ticked "yes" and thankfully because people that tell you that they have no acess to your records is a crock of shit, because they already were waiting for my patner in customs.

Tick "yes" or he could be refused entry if they ask him to fill out a stat dec to fax through to nz to insure he is telling the truth if they are suspicious, and then find out he is lying!

if he hasnt been to Jail and only has that on his record he will be fine will have a chat and that will be it...but dont lie

Reply from mojo 12 years ago.

My partner has two drug convictions and an indecent act conviction (peeing in public on a beach) - Has done PD but no jail time and last conviction 7yrs ago. Do you think we will be allowed to enter the country for a weeks holiday?

Reply from jerome 12 years ago.

looking to move and work in oz, I have 3x drink driving chargers and 8x common assault chargers over a 14yr period..I have not been in trouble for over 3yrs..what are my chances of getting clearance?

Reply from tingpower 12 years ago.

Hi me and my partner are looking to move to australia and he went to prison for 5months but was sentenced for nine for grevious bodily harm and has muliple driving offences many minor what are our chances

Reply from moving-to-australia 12 years ago.

I have 3 Convictions.

First one was Drink Driving - misjudgement of consumption - I had two beers In which I thought I was under the limit not the case but as I have a light frame I misjudged.

Second and Third - While I was disqualified for the first conviction. I was in a situation where I had to drive due to an emergency, as I consumed alcohol I was over the limit and driving whilst disqualified. The judge could understand my situation but still had to charge me with a conviction in saying that he only fined me $100 per conviction and did not disqualify me for driving given the circumstances of the situation.

Im a NZ citizen - given the information above would this stop me from getting the SCV. I have a case where a guy was Convicted for Drink Driving 3 times and still managed to get through.

Reply from my-partner-has-a-criminal-record 12 years ago.

My partner has a criminal record, he was charged with aggravated robbery and was sentenced 4 years but served 2 and a half years, he did the crime when he was 17 now hes 27, he has'nt reoffended since hes been out of prison, we have two kids together and want to move to australia to start a new life, what visa will he have to apply for? and what are his chances??

Reply from what-do-i-do 12 years ago.

my partner also has a criminal conviction... he was convicted for aggregated armed robbery 20yrs ago . he served 2 1/2 yrs of the 4yr sentence and stayed clean ever since, does anyone know if theres a slim chance of him migrating to australia.

Reply from theres-hope-whanau 11 years ago.

Was sentenced to 8 1/2yrs Home Invasion in 2000, served 5yrs, clean since. Did a Consent to Disclose form and it came back NO but a maybe YES if I provided sufficient information.

In the letter was a checklist of information needed, it included character references ( I saw my boss, work colleagues, whanau, friends, ex bosses, probation officer), evidence of rehabiltation, counselling, educational courses and community work, a letter from yourself endorsing all you submit,

A report showing end of sentence/probation and anything else to prove you not that bad person anymore. And I did, my report was 60pages thick, but then I had to apply for a visa. TT services (Hoha fullas) are the ones that assess all visa applications before the Australian Consulate said I have to apply for tourist visa (2 different people said this), which I did, in the end the consulate denied me. Oh yeah all visa that are declined is non refudable, lucky I only lost $183 most visa are alot more than that whanau.

But here's the interesting part. The nature of a tourist visa is that you are there for a limited stay, say 3 months, then you return home. I had planned on going to Australia with my wife and 3 kids, aged 9, 4, and 2. So in your honest opinion, was I going to come home and leave my whanau there, No! ( but I was, believe it or not. Hopefully to build a record of trust with immigration, which I stated in my cover letter), and it was on those grounds I was denied the visa.

I didnt give sufficient reason to return home at the end of my visa. There was no mention of sentence, history of criminal offences, character. So there is hope, I think i'm in a worst position than most here and i'm kinda confident, next plan work transfer.

There's alot of work involved and money, and with work transfer alot more, so choose visa wisely, be honest, make sure you understand the visa requirements, have more information than you require and have a good reason.

My wife and I got married last month on a Thursday, they flew to Austalia 7.00am Saturday her and the kid's struggling at the moment, thats my reason.

Good Luck

Reply from john-smith 11 years ago.

My son has been charged for racism and common assault which he is not guilty of he is due to go to crown court to fight his case , however he was going to go travelling before this happened, would he be able to go to Australia ?

This is his first offence and has a good character reference from school and work.

Reply from mizt 11 years ago.

i just got done for fraud which i didn't even mean to do they charged me with 2 convictions misleading what ever and fraud ... i got community work 275 hours and also had to repay money back which i started to do... Does anyone know what my chances are to get into Australia my partner wants to move over because his brother has a job lined up for him

thx

Reply from drug-convivtion 11 years ago.

First i got caught with 1 g of amfetamin for myself(only fined) then i got caught a month later and got a drug conviction, for selling. Around 9 g amfetamin, the worst and hardest period of my life. Had some problems back then, I had to do 60 hours of community service and being supervised by the probation service for a year, so If I got caught with anything in 2 years I would get a prison sentence on 2 months, but now I'm through with the 2 years and even got a good statement from the probation service that tells about good behavior.

I wanna apply for working visa to Australia, but can't seem to get any information about if u have to declare things there are off your criminal record. And is it even possible for me to get in?

I haven't done anything since and I've been working with elder people as a care worker and finished an education since? Plz help, I'm from Denmark and our embassy for Australia really sucks and no one in Denmark seems to no anything, not the foreigner minestry or police???

Reply from ella 11 years ago.

My partner has got a conviction and was sent to prison, his prison sentence was 13 months but he only served 15 weeks of the sentence. We are hoping to move to Oz with our 2 children to start a new life and join family out there.

Do you think with my partners record we will get in?

Thanks

Reply from mary-jones 11 years ago.

just my input, I moved to Australia last year, left my partner and children behind while i tried to establish us and do his visa, we went thru all the 'correct' channels, had an immigration officer helping us, he was convicted for aggravated robbery back in 2001, sentenced to 5 yrs and did 2.5 yrs, had been done for petty theft in 2010, this did not help, long story short after paying almost 2.5gs to australian immigration numerous emails, paper work to the consulate etc he turned around and told us that it wasnt looking promising and to more or less give up...so i did, flew back to nz, not to say that we are going to give up, will build our funds up and keep pursuing our dream of living in Australia.

Do not give up people, i believe if u want it badly you will get it! but beware, of all the money i paid i only received $400 back after being told that it was a money back guarantee if his application was not successful.

Reply from rosetwn871 10 years ago.

Hi, I'm am looking to move to oz with my 9year old son. I have convictions for injuring with intent, burglary an a few drink drivings. Been out of trouble for about 3 years. What are the chances of me being declined?? And if I do get declined what would happen to my son?? please help

Reply from jr 9 years ago.

Just because you people have done your time doesn't mean that you will never commit offences again.

We all learned early in life that drug and other criminal offences can hinder our ability to go overseas. Well, now, it's lesson learned.

Australia had enough druggies and other crims within and should not be saddled with nz's ex crims as well.

I am a New Zealander living in OZ and observe the way some of my countrymen carry on and it disgusts me.

Reply from marylin 9 years ago.

In response to your comment JR, just because we have committed a crime doesn't mean we would again and your comment is unfair. We should be entitled to a second chance.

Reply from what-do-i-do 9 years ago.

I got a fine of 400 for theft and I spent a half hour in prison for not paying the fine. Would I have any chance of getting into Australia??

Reply from jenna 9 years ago.

Got a 24 mth fed sentence 1993 for wiring funds for a friend from one state to another and unintended crime and only $3000 or a little less....plead guilty as instructed by lawyer to avoid more time.

I was clueless it could be a crime. My friend been asking me to visit AU for 3 yrs but I am scared. I can only get off a mth from my job so 23 days is how long I want to visit.

Is this useless to apply for visa..just don't want to waste money. I live in the islands & will apply to WDC AU consulate

Reply from sarah-king 9 years ago.

Hi I was convicted for perjury 6-7 years ago that's the only conviction I have do I tick yes or no? Will I get into Australia for a holiday from nz? Do I need apply for a visa?

Reply from charliebrown 9 years ago.

I was convicted of common assault against my violent partner 18 years ago. I had to write a letter to say sorry which was my sentence. I've been to Australia 8 times and Ive booked my 9th and 10 trip. I've got a letter from the powers that be to say I don't need a visa. Do I need to update this every time? I've never been asked for it and would I be allowed to live and work over there?

Reply from rolly 9 years ago.

I have a theft conviction of $43. My first criminal charge. Can I go to Australia on holiday?

Reply from charlie01 9 years ago.

In response to your question rolly Im pretty sure you'll be alright, i was done for perverting the course of justice (first offence) & had to pay a fine & write a letter of apology & I travelled to Aussie for a 2 week vacation & had no trouble.

I think they should be more concerned about rapists, murderers & paedophiles entering their country instead of small time crims that have done there time & paid their fines.

Reply from charlie01 9 years ago.

Unfortunately my partner has a very colourful past which consists of roughly a dozen or so convictions ranging from shop lifting, receiving, drink driving, driving while disqualified, assault, drinking in the CBD, possession of a drug instrument & damage to property, he has only ever been sentenced with periofic detention & fines which have all been paid in full, has never been imprisoned & hasn't been in trouble with the law for over 7yrs, does anyone know what his chances are with entering Australia for a vacation?

Reply from jane-mary 9 years ago.

What will need to be done if criminal convictions was wrongly ticked as no and would like to travel?

Reply from fred22 9 years ago.

Can I enter Australia with a conviction of aggravated robbery, my sentence was 10 months home detention.

Reply from jimmy 8 years ago.

I was charged with having a offensive weapon a metal bar when I was 17. It's been 7 years with no trouble. I want to go traveling with my girl friend for 2 months next year. I am also a qualified electrician. Will I get an Australian visa you think people?

Reply from knox 8 years ago.

I just want some to know that honesty is your best and only bet. I had 12 charges I listed on my Visa, including dates, dispositions, fines, incarcerations, details of the offenses, and explained my actions.

All charges ranging from 2009-2011. Visa was granted within 5 days. It's embarrassing that some of us chose actions in the past, but today your honesty is the sign of good character in my opinion.

If any of you have any questions. I'll be glad to give my experience. Hope I can spread the hope to others l!

Reply from gayle 8 years ago.

I am a New Zealander and have to have a police check because I have a criminal record - for minor theft 30 years ago. I got fined about $120. I gather they would probably let me in as this was a minor crime.

But I also have a minor assault on my mother in law which wasn't taken to court - but the police were called and they will have a record of this somewhere. I was taken to a psychiatric institution and held there for a few weeks until they decided I was ok. My mother in law was in her 70's.

Does anyone know if they are likely to refuse me entry because of this assault?

Reply from purple 8 years ago.

I was charged misdemeanor 12 yrs ago and got probation 24 months, and the record has been expunged. Can I apply ETA visa? And should I click yes or no on the criminal question? Thx

Reply from rohith 8 years ago.

HI , i have applied for 189 visa and while in australia, i once ate a few chocolates and put a few in my bag from store. i got a fine 300 dollar fine which i paid and 30 odd hours of community service cleaning parks and roads ...i was told its a spent conviction ...but its showing up in police clearance as "stealing offence". i did not receive any jail time.

i would like to know if its going to be an issue or something that can excused

thanks, rohith

Reply from spotsacat1 8 years ago.

Hi there I was charged with drunk driving 30 years ago and possession of a firearm which was unfortunately was a present for someone as it was an old army issue Webley 1914 mark 5 and I had no idea it was dangerous and only got a fine will this stop me from getting into Australia as I want to go for my silver wedding only had a a breach of the peace since then which was 7 years ago Regards spotsacat1

Reply from djb 8 years ago.

Summary of convictions:

(1) Date 10/11/1999 Offence Driving a motor vehicle with excess alcohol no insurance no test certificate driving otherwise in accordance with a licence: Sentence Imposed : Fine £300 costs £40 and disqualification from driving 12 months : Further information: Some friends and I were on our way home from the pub one evening outside a kebab hut. A female friend had parked her car outside the takeaway the owner asked her to move it from outside of the shop. She was in the bathroom and to rectify the problem I began to move her car to avoid any further problems. I should have been smarter and not moved the car, but I did and under the influence of alcohol. Police were parked across the road. The police could obviously see I was in no fit state to drive the car and I was arrested and charge with offence.

(2) Date: 18/08/2000 Offence: Assault Occasioning Actual Bodily Harm Sentence Imposed: Community service order 80 hours and compensation fine £250 Further information: One evening after the football, Some friends and I stopped in KFC to grab something to eat we were having a laugh and joke with 3 other gentleman, drunken banter quickly escalated into a brawl and as a result myself and my friend were arrested and charged with offence.

(3) Date: 26/04/2001 Offence: Destroy or damage property at a value unknown (12 taken into consideration) Sentence Imposed: Imprisonment 4 months Further information: It was the Euro football competition me and a large group of friends had left a pub and were on our way home one of the group decided idiotically to run over a number of parked cars, we all followed. The police was called and as a result of the damage caused to the number of cars we were arrested and charged with the offence and sent to prison for 8 weeks.

(4) Date: 24/11/2002 Offence: Use disorderly behaviour or threatening / abusive /insulting words likely to cause harassment or alarm or distress on Sentence Imposed: Caution Further information: Heated Argument with an ex girlfriend escalated in front of my parents house one of the neighbours called the police and I was using words of profanity.

(5) Date: 04/04/2006 Offence: Destroy or damage property (value of damage £5000 or less) Sentence Imposed: Fine £50 Further information: Me and my brother were having brotherly argument in my parents kitchen. I stormed out and slammed the back door behind me that had a panel of glass inside that shattered. My mum called the police. I was living with a girlfriend at the time so I wasn’t aware of the warrant for my arrest because of the incident so as a result I was fined an extra £90

(6) Date: 11/03/2008 Offence: Driving a motor vehicle with excess alcohol Sentence Imposed: Fine £500 Driving licence endorsed Disqualified from driving for 3 years Further information: Me and my girlfriend had come back from a month detox and spiritual retreat in Thailand I hadn't drank for 9 weeks. I was out for dinner with my girlfriend and I had 3 light ales. I believed I was under the limit the police stopped us because we had a car full of passengers and stopped in the middle of the road to drop them off at their destination. I was breathalized and as a result was charged with the offence of drink driving.

(7) Date: 24/07/2009 Offence: Possessing controlled drug-Class A (cocaine) Sentence imposed: Suspended imprisonment 8 weeks consecutively wholly suspended 12 months. Unpaid work requirements 80 hours curfew requirement 6 months with electronic tagging forfeiture and destruction of cocaine. Further information: I had recently had been suffering anxiety and depression and felt isolated. my friends encouraged me to socialise and invited me to a friends party. My friends had organised illicit substances to be enjoyed (3.5 grams of class A (cocaine) Unfortunatley i was asked to keep these drugs on me. The party was stopped in the early hours by the police and everyone was searched and as a result I was charged with the offence and taken to court.

(8) Date: 02/10/2009 Offence: Taking a motor vehicle without consent and driving whilst disqualified using a vehicle while uninsured fail to comply with the community requirements of a suspended sentence. Sentenced imposed: driving licence endorsed penalty points 6 and suspended sentence activated 8 weeks imprisonment to run concurrently with the 4 months imprisonment Further information: I had a doctor’s appointment that my girlfriend drove me too. She had parked in the car park and decided to pop to the shopping centre whilst leaving me with the keys as she didn't know how long she was going to be. I came out of my appointment and decided reluctantly to drive to the other side of the car park and pay for the ticket and wait for my girlfriend to come back, because i had an ankle tag from the previous offence which to the notice of an off duty police officer that had seen me drive across the car park and jump out whilst the car was running, he asked me my name and address and did a registration check and obviously the car wasn't insured in my name he then radio’ed through my details and questioned me about driving whilst I was disqualified i protested and said I was on private property. I was arrested for the offence and ended up in prison for 12 weeks for breaching the community requirements.

Date: 23/01/2013 Offence: Cultivate cannabis plant - A class b controlled drug on 18/12/12 Sentenced imposed: Conditional discharge-12 months Costs £85 forfeiture and destruction of drugs Further Information: I had recently split up from my girlfriend 4 cannabis plants for my own that were in vegetation stage my landlord discovered the plants and mentioned it in jest to a house mate that was a teacher working in a nearby school. He obviously did not agree with my conduct and contacted the police. That day officers arrived and destroyed the seedlings and as a result I was given a conditional discharge and a fine.

All my charges are spent. I haven't spent more than 12 months in prison. Does any one know how long do I have to wait till I am deemed a good character? Do I have a chance of getting in what so ever?

Reply from garz 8 years ago.

Hi there I have 5 criminal records on my record, none are them are true but I was still convicted with a fine. having these on my record could I still travel to Australia??

Reply from melissa 8 years ago.

I have had 3 criminal convictions and i was sentenced to 15months jail but was deferred for 2 months to apply for home detention. I did 7 and a half months home d and the other 7 and a half months probabtion. Will i be allowed entry into oz??

Reply from monday10 8 years ago.

Hubby has criminal record 30 years back for smoking cannabis in the city. Fined no prison term. Applied for a SCV and got a letter back saying to carry this when we enter. There for a 9 day holiday with the kids, I still can't help but worry. Any alike experiences? I believe it is just the one letter he should carry with his passport to show when entering?

Reply from charliebrown 8 years ago.

He should be fine - I had 1 over 20years ago and I've been there 11 times with no problems. They will speak to you when you arrive. I've never had to show the letter from the Australian govt so try not to worry and enjoy.

Reply from bob 8 years ago.

I was arrested in Toronto for being drunk in public and spent a night in a cell, I got a $65 fine but I was not in court or anything. Will this affect me also should I let immigration know?

Reply from aaron 8 years ago.

Hi everyone

I have a big record consists of theft car theft /theft as servant been inside 8 times tried a application for a tourist visa any body know what my chances are

Reply from travnese 8 years ago.

I have 1 conviction and got 5 1/2 months home detention 5 years ago this was the first time I have been in trouble with the law what are my chances on go to Australia for holiday?

Reply from lenny 8 years ago.

Hi everyone,I have 1x conviction from 2008 for Common assault (domestic) Manually. I am under the clean slate act. Will Australian immigration see this conviction when I arrive? Also, should I tick yes or no on arrival card?

Reply from jsmith 8 years ago.

My convictions include a caution for a toy fight that I had with my older brother 11 years ago. Then another scrap a year later at university I got probation for that and then 2 years later 8 years ago a drunk and disorderly. Never been to prison.

But it's been 10 months now and I'm still waiting for a decision. I got a notice of intention to cancel my visa. So Iv had to get 26 statutory declarations from friends, familly, neighbours, colleagues, employers iv got an MBE on there. I have sent all my certificates.

Part of my rehabilitation was getting a 1st Class Honours degree. Iv got loads of things to show my rehabilitation. Not commuted a crime in 8 years and never been to prison. But still waiting...

My immigration agent who helped me for free said that I have a 90% chance of getting in but like I said I'm still waiting and I'm hardly a hardened criminal.

Reply from lenny 8 years ago.

Hi js Smith, I am the post before you. I just went through immigration at Melbourne 4x days ago.

I have 1x conviction for Common assault (domestic) Manually. For the record that is verbal threatening a poke a push, not causing physical injury .I still should of obtained a police certificate, but no big deal. I got a print out from criminal records office of my conviction before I went. So I had the proof.

When I got there I ticked yes to convictions. Man was I glad I did they had me on record. And were really nice I had a 3 min conversation and let go on my way. The one thing I want to push here, is don't listen to all the F-------s on this site that say they or there mates lied and got through.

If you lie and get caught out by them, it then becomes a character issue. And you will be on the next plane home. Regardless of how minor your conviction is.

Go through the channels and get your police certificate. They told me they are only interested in you if have done prison time. I don't think you need an immigration lawyer.

Go through NZ police who will release your convictions to Australian consulate and issue you with the certificate.

Reply from tel07 8 years ago.

Hi my son has a court appreance in two weeks and is likely to receive either a sentence or a suspended sentence (ABH) I applied and have received visas prior to this incident. If he gets a suspended sentence and doesn't declare it at entry could he get in to Australia? We are coming to Australia via NZ. England is our country of residence.

Reply from little-lamb 8 years ago.

Can anyone advise me on this situation:

After I was granted a visa such is valid through to next year. Unfortunately a month after I got my visa I was cough with posesion of 1.15grams of weed and had to pay a fine of 3 thousand. Can I still go to Aussie. Do I have to call immigration and inform them on my conviction?

Reply from wantingchangeoflife 7 years ago.

Hi guys, I have been convicted of aggravated rob and couple of theft charges under $500 in 2007. I did 7 months in remand and was sentenced to 4 mnths home detention in 2008. I also got charged with possession of cannabis in 2010. I got 200hours pd. What do u all think my chances are moving to Australia? I'm NZ born.

Reply from johne 7 years ago.

Hi could you please help In 1967/8 my husband aged 16/17 then was given a prison sentence for aggravated burglary and theft. He is now 65 and has been diagnosed terminally ill with leukaemia. He has a sibling in Australia who is too frail to travel to the UK to see him. We want to visit her in April, but don't know if we would be granted a visa. This happened 45+ years ago, but could it stop our request for a visa?

Reply from mick 7 years ago.

My partner and I succeeded in entering Australia to become Australian residents late last year even though he has a NZ criminal record for an aggravated robbery conviction which is over 10 years old now.

Before leaving NZ I did some research to make sure he had the best chance possible of getting in to Australia. Even if your conviction is old, they will know about it, or be able to access that information if they want.

What we did was filled out a 'Consent to disclosure of Information form' which anyone can download off the NZ immigration website, which they then sent away to the Australian consulate, who are the ones who assess your information and let you know where to go from there.

It may be that you need to apply for a visa etc, or they may issue you with a letter which you present on arrival in Australia. Thankfully, my partner didn't need to apply for a visa, and they issued us with a letter, even though that letter was not a guarantee into the country it was the best we could do.

Definitely worth while filling out the form, answering everything honestly, and following the correct steps to get in.

Good luck to everyone.

Reply from 59 7 years ago.

I have been charged with theft under and was sentenced to 35 Hours community service and a Couple years ago I was caught for there under but only had probation. It's now been a year of no charges & good behaviour. What are my chances of getting in?

Reply from zhao 7 years ago.

My husband has a criminal conviction 3 years ago due to domestic violence when he was under the influence of alcohol. That was his first conviction. He completed his anger management and alcohol courses as per court order and did not go to jail for it but was told to sign at the correction office for 1 year. Did not have any convictions after that as he's now a changed man. Has anyone been the same situation and did you require a visa and what type of visa and how long is the waiting game pls? Thanks

Reply from dave-smith 7 years ago.

Hi Zhao, nothing to worry about. It's only if you've done 12 months or more in prison. I went to Perth Sept 2016 with common assault charge. I did however declare it. I was then held up for 10 mins with Custom/immigration officer.

I did get an email from NZ justice department of my conviction. I printed that off and showed that in Perth. It turned out that they had nothing on me. But if you lie and get caught out no matter how small the conviction, it then becomes a character issue. End result of that on next plane home.

You can get a letter from Australia immigration saying you are able to enter Australia with no hassles.You have to do it through police who make your convictions available to them. It's a case-by-case thing that cost money and time.

Reply from sandy 6 years ago.

My partner and I went to Brisbane, he ticked yes for criminal history and was sent back to NZ . If he had ticked no he would of got through. We would like to visit family in Perth and thought if he ticked no would he get in and if there is different criteria for entering different parts of Australia?

Reply from stargazer 6 years ago.

I was charged with a misdemeanor (use and possession of marijuana) here in the US, and am now in the ARD (Accelerated Rehabilitative Disposition) program, meaning I am technically on probation. If I complete the program successfully, in 3 months I will have the charges dropped and case expunged. To be clear, I have no convictions, and have never been to prison. My trial is over, I have no more court hearings. Going through ARD means you do not plead guilty or innocent; you bypass conviction, go through the program and the charges may remain on your record, but you have no convictions as a result. When completing the visa application online, there was a box that asked "do you have any criminal charges awaiting legal action". I checked "no". Technically, I am not awaiting legal action. As far as I understand, that portion is behind me. I am in a program that will expunge my charges, but they are not "awaiting legal action", I don't think. I have permission to travel abroad while on probation in this program. Now, I am worried that I might be stopped at customs and sent back. I have no idea of I have a criminal record currently, I don't even know if anyone outside of the small court of common please can see my charges.

Any advice here would be greatly appreciated. I am leaving on December 29th. The most horrifying thought is arriving after 30 hrs of travel, and being sent back to the US, with my family just on the other side of customs waiting for me. I would be devastated, not to mention the cost of a last-minute flight back home, right? I imagine that's at your expense, right? Please help! Should I contact the embassy here in the US and let them know?

Thank you!

Reply from needhelp 6 years ago.

I have a careless driving conviction from 2007 and a burgles conviction from 2010. Received fines for both. Have not bee in trouble since. Have submitted the Consent to Disclosure of Information (NZ Police) Form to Australian Embassy in NZ. Any thoughts on whether they would let me travel travel to Australia or if they will ask me to apply for a Visa? Any one else submitted the from ti the embassy, mind sharing how long it took for them to get back to you with an answer? any advise would be greatly appreciated.

Reply from needhelp 6 years ago.

Update- submitted a disclosure of criminal conviction form via email to Australian embassy in Auckland, received a response after 2 weeks with a letter stating that I should be granted entry into Australia upon arrival. Flew to Australia last week, declared on the arrival card that I had criminal convictions, was taken aside and asked if I had any new convictions since I submitted the form, replied with no and was let through with out any issues. My recommendation is that you seek permission before you go and be completely honest, don't try to hide anything. Hope my post helps.

Reply from charliebrown 6 years ago.

I have submitted a disclosure form which I take with me have never been asked for it have no probs getting through customs just can't use smart gate and they stop you on your way out of the country as well.

I technically have no conviction as it gets removed after 7 years. Mine was over 20 years ago, but I still have to say yes on the card when arriving.

Reply from carlumwalker 6 years ago.

Hi guys I will make it short and sweet I have 3 drink driving charges 2 of which where over 5 years ago and the most recent being 2 years ago a few disqualified driving charges and a minor cannabis possession charge I used to travel to aus prior to my most recent charges when I had 2 dic and a disqualified driving charge however with a extra one now and a failure to stop charge I’m concerned if this will stop me visiting aus for work for 1 week everything is already booked by my company ect flights and accomodation can anyone give me any assurance or advice on what there opinions are on me getting into aus for that week of work next week.

Reply from will-my-samsung-tv-work-here-ozzie 6 years ago.

Will the conviction record we put on arrival card also show up during police checks while applying for jobs in Australia?

Reply from will-my-samsung-tv-work-here-ozzie 6 years ago.

I mean to ask how to answer job applications in Australia regarding convictions?? Because technically I do not have a record in Australia but I have conviction overseas which I declared on arrival card

Reply from bouttime19 5 years ago.

My brother n law was not able to enter Australia although his crime was done in the 90s the worst part was it cost a lot of money all the tooing and froing between the offices and powers that be...my question is would I be able to enter Australia if I was imprisoned for 9 months for fraud working whilst still claiming the benefit or rather benefit fraud that was 8 years ago first and only offence ever never been in trouble again so what do I need to apply for and how I think this system pretty much self explanatory but a little information would be greatly appreciated... Good Luck to all those whom have applied and are still waiting...

Reply from dan 5 years ago.

I was honest about my couple driving over the legal alcohol limit convictions that occurred 30 years ago on my visa application which had a small fine and 3 months licence suspension back in the day and they told me if there was any prison time involved I would have been refused entry.

I assume not having any new convictions in 30 years they believed I am reformed but the jail stay is the stickler that changes everything, regardless whether it's 30 years ago I would have been denied entry had there been an incarceration.

Reply from dusty 4 years ago.

Do you need to declare charges that were dropped by Police and therefore no conviction?

It is a criminal offence with a conviction of minimum 2 years.

Reply from chris275 4 years ago.

Just wondering if anyone from New Zealand has ever been granted entry to Australia for a long term basis if they have been sentenced to longer than 2 years in prison or is it a 100% no chance?

I have great references, a good business and education track record since my offending which is over 10 years ago and was looking at options to explore opportunities in Australia.

Reply from joe-blow 4 years ago.

Hi Chris

I was sentenced to 3 1/2 years and won an appeal in High Court for a retrial and was acquitted 3 days before AU borders closed.

My wife is Australian and after what I experienced with NZ after serving the community diligently for 30 years was disgust so I was happy to leave. If we didn’t have the acquittal records the Federal police would never have let me in. They held us in customs for 2hrs, missed our next flight but that’s ok, they eventually let me go and told me to get to WA and not leave for a long time.

So to answer your question Chris, the Federal Police will decline your entry and send you home.

Sorry mate.

Reply from help-with-rental-accommodation 7 years ago.

Hi what or where do I start to see if my partner will get into Australia with his criminal convictions?

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