Permanent Residency in Australia with Arrest Warrant from USA?

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Tom Lynch

Member
4 December 2016
2
0
1
Hi there,

I used to live & work in USA for more than a year on H1-B visa. Once I was arrested for shoplifting and I was released on bail. I hired a lawyer over there, and was waiting for my court date. In between, there was some emergency, so I had to travel to my home country. I did not get permission before travelling.

While I was not in USA, my court date was scheduled and my lawyer mentioned that an arrest warrant has been issued against me since I didn't appear before court. I asked him if I can safely return to the USA and handle the case. He mentioned that I will be arrested if I enter the USA again. I was scared, so I never returned back to USA.

Now I wish to apply for an Australia Permanent Residency, however I am worried about my Permanent Residency getting rejected because of my USA criminal record. Australia requires PCC from all the countries where you lived for more than a year.

Any suggestions? What I can do?

Thanks in advance.
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
Hi Tom, as you are aware, if you want to enter Australia, you must satisfy the character requirements set out in the Migration Act 1958 (the Act). It is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.

Irrespective of which visa you apply for, you must declare any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform us of your criminal history, your visa application may be refused or your visa cancelled.

The Minister for Immigration and Border Protection has the power to refuse or cancel a visa on the basis that a person does not pass the character test. Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case.

You will not pass the character test if:
  • you have a substantial criminal record, which includes:
    • sentenced to a term of imprisonment of 12 months or more
    • sentenced to two or more terms of imprisonment (even if served concurrently), where the total of those terms is 12 months or more
    • found by a court to be not fit to plead in relation to an offence but found to have committed the offence and as a result have been detained in a facility or institution.
  • your past and present criminal or general conduct shows that you are not of good character
  • there is a risk that while you are in Australia you would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it.
There is nothing you can do to change or hide the criminal record that you have. You have it as a result of decisions that you made in your life and unfortunately you have to live with the consequences. There's no magic way to dodge it or make it disappear.
 

Tom Lynch

Member
4 December 2016
2
0
1
Hi Tom, as you are aware, if you want to enter Australia, you must satisfy the character requirements set out in the Migration Act 1958 (the Act). It is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.

Irrespective of which visa you apply for, you must declare any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform us of your criminal history, your visa application may be refused or your visa cancelled.

The Minister for Immigration and Border Protection has the power to refuse or cancel a visa on the basis that a person does not pass the character test. Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case.

You will not pass the character test if:
  • you have a substantial criminal record, which includes:
    • sentenced to a term of imprisonment of 12 months or more
    • sentenced to two or more terms of imprisonment (even if served concurrently), where the total of those terms is 12 months or more
    • found by a court to be not fit to plead in relation to an offence but found to have committed the offence and as a result have been detained in a facility or institution.
  • your past and present criminal or general conduct shows that you are not of good character
  • there is a risk that while you are in Australia you would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it.
There is nothing you can do to change or hide the criminal record that you have. You have it as a result of decisions that you made in your life and unfortunately you have to live with the consequences. There's no magic way to dodge it or make it disappear.


Thanks for your reply.

I am not saying that I want to hide this in my PR application. I want to know if there are any chances of me getting PR after declaring it?
 

Tomhanks12345

Member
1 February 2018
1
0
1
Hi there,

I used to live & work in USA for more than a year on H1-B visa. Once I was arrested for shoplifting and I was released on bail. I hired a lawyer over there, and was waiting for my court date. In between, there was some emergency, so I had to travel to my home country. I did not get permission before travelling.

While I was not in USA, my court date was scheduled and my lawyer mentioned that an arrest warrant has been issued against me since I didn't appear before court. I asked him if I can safely return to the USA and handle the case. He mentioned that I will be arrested if I enter the USA again. I was scared, so I never returned back to USA.

Now I wish to apply for an Australia Permanent Residency, however I am worried about my Permanent Residency getting rejected because of my USA criminal record. Australia requires PCC from all the countries where you lived for more than a year.

Any suggestions? What I can do?

Thanks in advance.
I am in similar situation. Did you get the PR? Can I get your email to talk.