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Posted by vickimark 12 years ago.

Help & advice needed please! GBH and affray charges, 30 months sentence - likely to get to Australia for 6-12 months work/travel?

My boyfriend is currently in prison for an ABH & Affray charge, he was sentenced to 30months, however first criminal offences so only serves 15 months, then fingures crossed this will go to 11months and out on electronic tag. We have always planned to travel/work in Australia - end of this year or 2013. Does anyone have any information to help me - will he still be able to obtain a visa and do this? Been trying to look for information but can't find exact. Thank you!

7 replies, the latest on 30 March 2015.
Reply from danny-boy 12 years ago.

hey there, i'm not completely sure, you can come online all you like and get many opinions but the only true way to find out is apply for the visa. Every individual will receive individual cases someone in the exact same shoes as your boyfriend may get in but your boyfriend doesn't, its not exactly like.. category specific. I noticed your comment because 1. I want to go and work in Australia too when i'm older and 2. I have been arrested for GBH but when sentencing arrived i was convicted for affray on a 'plea bargain'. I mentioned my desire to move to Australia to my barrister and he simply said there should be no problem as long as you haven't been to prison. I take his opinion closely down to experience within law but state again its only an opinion and individual cases may differ. Your boyfriend lets face it isn't in a wonderful position and other applicants who are law abiding are obviously more likely candidates to be accepted. So you need or should I say your boyfriend needs to put himself in a position where hes worth something and can offer something and distinguishes himself from other applicants, something he can offer that 'Australia' needs that others cant give. I don't want to be completely judgmental because that could of been me that's in prison like your boyfriend, but i take it he has no quals. On the other hand your not him and you could get rid of him and enjoy your life and not let other prevent you from living your life. nuff said.

Reply from danny-boy 12 years ago.

ohhh let me state one thing, i just noticed you said how soon it would be after leaving incarceration. If you think hes leaving prison and within a year is going to get accepted to move over there your expectations are dramatically high. Has he proven any form of deterrent and shown a reformed character? highly unlikely within that time. If hes adamant on moving there he needs to improve his CV. Qualifications, voluntary work, charity work maybe in Africa or 3rd world countries showing his concern and helping etc. He needs to understand competition and hes in a terrible position. I hope you have the best of look the both of you though. and remember....don't let him re-offend!

Reply from kiwi 12 years ago.

Stay in NZ please.

Reply from aussie-dreaming 11 years ago.

To put it in short, any prison time will result in you having to undergo a character test with a damn good reason as to why your coming there.

Anything over 12 months, forget it unless you plan to go through without declaring your convictions you may get through as there is no worldwide database on convictions BUT! if they profile you as you are coming off the plane and decide to ask you questions, then your in trouble.

Reply from motorlodge 11 years ago.

If you declare your convictions, and there is a tie up and easy access between the 2 NZ and Australian immigration departments. If you have had a recent conmvction and recently come out of prison you have no chance unless you try lying and you may get snapped in any event, particularly if you look like a boob head. It is not if you have been in prison for over 12m it is if your sentence was capable of being 12m eg you got 12 months but did 6 and got parole

Reply from john-doe 9 years ago.

Hi I have been charged with affray would I still be able to get a working visa?

Many thanks

Reply from boogar 9 years ago.

Hey Danny my brother got a 2 year suspended sentence he wasn't sentenced at all to jail and yet he still he was denied entry into Aus so it doesn't really matter if you've been incarcerated or not?

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