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NSW Immigration Law and Good Behaviour Bond - Apply for Skilled Migration?

Discussion in 'Immigration Law Forum' started by Syed Razvi, 6 January 2016.

  1. Syed Razvi

    Syed Razvi Member

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    I have been convicted of a crime in Australia and recently on a good behaviour bond. Do I have the chance to apply for skilled migration under Immigration Law?
     
  2. Tim W

    Tim W Lawyer

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    With or without a conviction recorded?
     
  3. Syed Razvi

    Syed Razvi Member

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    With convicted recorded. I had been given suspended sentence of 18 months in prison and given good behaviour bond. But my student visa is expiring now and I will have to go back to my country. Do I have any chance in future to apply for skilled migration ?
     
  4. Tim W

    Tim W Lawyer

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    Depends on the offence, and what the potential penalty for that offence is.

    In other words - the relevance of the "character test" (as it's called) depends on the offence,
    and what you could have got for the offence, not what you actually got.

    Sometimes, people can be required to stay in Australia during the bond period.
    You need to know if this is the case for you.

    You may also have a condition on your student visa that you be of good character.
    If you cease to be of good character (such as by being convicted of some offences),
    then your visa can be cancelled.

    In any event, even though your student visa is expiring,
    you must disclose your conviction to DIBP.
    This is because the nature of your offence (no, don't tell us)
    may be such that your visa is subject to cancellation.
    (no, you cannot expect them to "just let it go" because you are leaving soon anyway)
    Failing to disclose the conviction can be a separate offence.

    I strongly recommend seeking the advice of a lawyer who is also a Registered Migration Agent.
    I do not recommend consulting a layman RMA nor an Education Agent.
     

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