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VIC Permanent Residency - Will Criminal Record Affect My Application?

Discussion in 'Immigration Law Forum' started by Jameel, 6 February 2016.

  1. Jameel

    Jameel Member

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    Hi,

    I am an overseas student here. Last year in 2014, I was charged with attempt to prevent the course of justice and my trail is going on.

    I need to apply for a Permanent Residency. Does it affect my Permanent Residency application when I apply for a visa and what are the consequences? I have no criminal record before?

    Can anyone help me over here?

    What if I apply from another state, will that help?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi,

    The Dept of Immigration and Citizenship will consider any past and present criminal conduct as well as your conduct in general, when determining whether you are of good character. Simply having a criminal record does not preclude you from obtaining permanent residency, however if
    • You have been sentenced to a term of imprisonment for 12 months or more;
    • You have been sentenced to two or more terms of imprisonment, where the total of those terms is 2 years or more;
    • You have been acquitted of an offence of the grounds of unsoundness of mind or insanity and you have been detained in a facility or institution on that basis;
    • You have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where you escaped from immigration detention, or if you have been convicted of the offence of escaping from immigration detention
    • You have, or have had, a criminal association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
    OR if there is a significant risk that you will:
    • Engage in criminal conduct in Australia; or
    • Harass, molest, intimidate or stalk another person in Australia; or
    • Vilify a segment of the Australian community; or
    • Incite discord in the Australian community or in a segment of that community; or
    • Represent a danger to the Australian community or to a segment of that community,
    You will fail the character test.

    Even if you do not receive a prison sentence, a conviction for obstructing the course of justice, may indicate an unwillingness to respect and comply with Australian law enforcement and authorities. I would wait to determine the outcome of your trial and speak with an immigration lawyer when you know what you are up for. Its impossible to say definitively whether you would be accepted or not though.
     
    jasonxx123 likes this.
  3. jasonxx123

    jasonxx123 Member

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    I am in NSW and want to apply for PR, but the AFP check I received is said:"without conviction. Bond to be of good behaviour for 12 month." The court date is in 2010.

    Will this affect my PR application?

    Also, I checked many online resources and they said the record would be removed when the bond period is finished. It has already been 6 years, why is it still on record?

    Thanks
     

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