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?
NSW Immigration Law and Good Behaviour Bond - Apply for Skilled Migration?
- Thread starter Syed Razvi
- Start date
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- immigration law
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 ?
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.
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.
In situations where an applicant has a Good Behaviour Bond on their record, it's essential to carefully assess the specific circumstances and ensure full compliance with immigration regulations. It's advisable to consult with a migration agent to evaluate the impact of the bond on your skilled migration application. Depending on the nature and duration of the bond, a migration agent can provide guidance on how best to approach the application process, including gathering supporting documents and addressing any concerns regarding character requirements. It's crucial to be transparent and forthcoming about any legal matters, as this will ultimately contribute to a smoother application process and a higher likelihood of a successful outcome.
Hi Syed Razvi - I used this new Legal AI tool called LegalMind and asked it your question, this was it's response
"
In assessing your application for skilled migration under the Australian Immigration Law, the Department of Home Affairs will evaluate your adherence to the character requirements, as stipulated in Section 501 of the Migration Act 1958. Having been convicted of a crime and being on a good behaviour bond could impact your application.
The specific criteria in character evaluation rest on the nature, seriousness, and frequency of the crime(s), time elapsed since the incident, and your conduct thereafter. For instance, Subclass Compliances [(a) to (h)] mentioned in the Migration Act 1958 highlight various offences related to human trafficking, slavery, or slavery-like practices, showing Australia's strong stance against such violations.
Moreover, the Act's mention of strict supervision, good behaviour bonds, and community service orders evidently appreciates the time and effort put into reform. Though it does not necessarily guarantee visa approval, it will be taken into account in the assessment.
Importantly, in accordance with the amended provision from the Crimes (Sentencing Procedure) Act 1999 and the Aboriginal Heritage Act 2006 No. 16 of 2006, the evaluation can be impacted by the severity of penalties associated with your crime, compliance with lawful instructions, and respect for civil rights and heritage related laws that echo Australia's commitment to multiculturalism.
However, challenges may arise, particularly if the crimes involved are connected with violations on guidelines set by the 2002 Child Protection (Offender Reporting and Registration) Act and the Criminal Code (Cwlth) regarding slavery offences, human trafficking, and other related violations. These point to the gravity of Australia's commitment to protecting vulnerable groups.
Finally, being convicted of a crime does not automatically disqualify you from skilled migration. The decision lies in how the given circumstances align with Australian Immigration Law's general principles and rules. Therefore, consulting an immigration agent or legal expert is crucial, as they can provide comprehensive guidance tailored to your case. Remember, every situation is unique, and a detailed review of your circumstances could make a significant difference to your application's outcome."
"
In assessing your application for skilled migration under the Australian Immigration Law, the Department of Home Affairs will evaluate your adherence to the character requirements, as stipulated in Section 501 of the Migration Act 1958. Having been convicted of a crime and being on a good behaviour bond could impact your application.
The specific criteria in character evaluation rest on the nature, seriousness, and frequency of the crime(s), time elapsed since the incident, and your conduct thereafter. For instance, Subclass Compliances [(a) to (h)] mentioned in the Migration Act 1958 highlight various offences related to human trafficking, slavery, or slavery-like practices, showing Australia's strong stance against such violations.
Moreover, the Act's mention of strict supervision, good behaviour bonds, and community service orders evidently appreciates the time and effort put into reform. Though it does not necessarily guarantee visa approval, it will be taken into account in the assessment.
Importantly, in accordance with the amended provision from the Crimes (Sentencing Procedure) Act 1999 and the Aboriginal Heritage Act 2006 No. 16 of 2006, the evaluation can be impacted by the severity of penalties associated with your crime, compliance with lawful instructions, and respect for civil rights and heritage related laws that echo Australia's commitment to multiculturalism.
However, challenges may arise, particularly if the crimes involved are connected with violations on guidelines set by the 2002 Child Protection (Offender Reporting and Registration) Act and the Criminal Code (Cwlth) regarding slavery offences, human trafficking, and other related violations. These point to the gravity of Australia's commitment to protecting vulnerable groups.
Finally, being convicted of a crime does not automatically disqualify you from skilled migration. The decision lies in how the given circumstances align with Australian Immigration Law's general principles and rules. Therefore, consulting an immigration agent or legal expert is crucial, as they can provide comprehensive guidance tailored to your case. Remember, every situation is unique, and a detailed review of your circumstances could make a significant difference to your application's outcome."
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