What do you mean 'you would certainly be aware of it if you had received a prison sentence of 12 months or more!"?

I am going to Australia this year and I have applied for my visa. There is a question about criminal convictions and I have said Yes. Quite simply because I was working back in 1994 and at the time it was only part time so the benefits office new about this so I was entitled to a reduced amount of benefits. There where stipulations about the amount of hours you could work and still get benefits. A bit like working tax credit is today. My boss asked me to do some over time informing me that if I didn't then I would no longer have a job. I agreed but made it clear that I would have to do reduced overs the following week, so that it would balance with the benefits agency. He didn't do as he promised and my wage slips showed that I worked more hours and got more money than I was entitled to. I was stupid enough to help him out a few times and I ended up getting into trouble with the benefits agency. I was taken to court and fined £150 for benefit fraud. I wasn't given a jail sentence but it just wont go away. I have worked with children and the elderly and I still have to keep declaring it, It is so embarrassing as apart from being naive and trying to help my boss out in order to keep my job, I hadn't in my eyes done anything wrong.

I am sure on the visa application where it asked about criminal convictions I said, yes. But now I have printed my visa it says on it 8528-no criminal convictions. When you go to Australia you also need to fill in a immi card and one of the questions on there is "have you any criminal convictions". So I have gone along to my local police station today to see about getting these benefit fraud convictions lifted. I don't see why not as I never went to jail. But the police said that they cant be lifted. When I asked about declaring them to go to Australia they said, "I would have to declare them". I have not found out that the 8528 code on my visa application relates to "the visa holder cannot have any criminal convictions, for which the sentence (whether served or not) is for a total period of 12 months or more, at the time of travel to, and entry into Australia".

I am so confused! I have something called sentence accumulated on my DBS certificate. But it doesn't say how long the accumulated sentence was for.

I am going to ring the Australian embassy in London tomorrow and see if I can get the bottom of this.

Can anybody who has had a similar experience please advise.

Thank you.

remember the incoming passenger card asks a different question

If you are
NOT an Australian citizen.....

Do you have any criminal conviction/s?

Answering this correctly will have no issues (apart from a delay at arrivals) if you still meet visa condition 8528 - NO CRIM CONVICTIONS

8528 - NO CRIM CONVICTIONS is

The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.

Hi Angel1,

I have been to Australia and I have a criminal record involving 6 months' imprisonment. I also have other requirements re. needing permission to travel. I had no problems.

You have absolutely nothing to worry about.

If you're just going on holiday lasting less than 3 months in total over a 1-year period (NOT work or study), you are eligible for a free eVisitor visa https://www.border.gov.au/Trav/Visa-1/651-

I travelled on this visa. I did not declare my conviction because it was less than 12 months. I was not required to produce a police certificate. I was greeted with a big smile, a nice accent and tourist tips from the passport official.

You would certainly be aware of it if you had received a prison sentence of 12 months or more! Please don't worry or panic.

Post Edited (BenS) : 10/06/2016 09:32:38 (GMT+2)

Hi Angel 1

I've attached a link to our page about travelling to Australia - hub.unlock.org.uk/knowledgebase/travelling-australia/

Our understanding is that if you are applying for either a Visitor Visa or Electronic Travel Authority then, unless you received a prison sentence or, a suspended sentence of 12 months or more, then you do not need to disclose your conviction and you would be eligible to travel.

Hope this helps.

---

Need Unlock's advice? Visit our self-help information site or contact our helpline

Need Unlocks advice? Visit our self-help information site or contact our helpline