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WA Can I Travel Overseas with Criminal Record?

Discussion in 'Immigration Law Forum' started by Jeff123, 12 October 2014.

  1. Jeff123

    Jeff123 Active Member

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    Hello, I'm from New Zealand but I live since 15 years in Australia. My girlfriend is from France and we want to go there next year April. But I have got a bad criminal record in Australia and I'm afraid that they won't let me in to Australia when I come back from France? Is that possible? Are they allowed to not let me in again because of my bad record here? What can I do or who can I ask?

    Thank you
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Jeff,

    What bad records do you have? If they are visa infringements, then that will certainly be a possibility. According to the Australian High Commission in New Zealand, if you have a criminal record, no matter how long ago these convictions were, you will need to obtain written confirmation from DIBP (Department of Immigration and Border Protection) before you travel to Australia:

    "
    Convictions in New Zealand
    Please download the Consent to Disclosure of Information (NZ Police) Form. This will allow the New Zealand police to provide the Australian Consulate-General with details of your criminal history. Complete the form and post it to:

    Australian Consulate-General
    Level 7
    Pricewaterhouse Coopers Tower
    186-194 Quay Street
    Auckland 1010

    Or email it to immigration.auckland@dfat.gov.au

    You will be informed in writing whether or not you are required to lodge an application for a visa to enter Australia prior to travel. This process takes approximately three weeks from the date the completed form is received by the Consulate.

    Convictions in any other country
    If you have convictions in any other country, including Australia, you are required to provide a police clearance from that country to DIAC. You will then be informed in writing whether or not you need to lodge an application for a visa to enter Australia.
    Please visit this website for instructions on obtaining the appropriate police clearance: www.immi.gov.au/allforms/character-requirements/"
     
  3. Jeff123

    Jeff123 Active Member

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    Thank you very much for the quick answer that helps me a lot.

    I've been two times in jail here in Australia. Is there not any different when I live in Australia?

    So I have to apply for a new visa from Australia to get in there again if I would leave?
     
  4. Sarah J

    Sarah J Well-Known Member

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    It depends on what visa you are currently on to stay in Australia. If it is multi-entry, then perhaps you do not need to re-apply for a visa. However, do check with DFAT (department I posted above) because convictions may invalidate or void your visa and therefore, you may need to re-apply. I am unfamiliar with this area of law so best to ask straight from the source.
     

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