Don`t do any bad thing no matter how insignificant it looks!
Australian visas, including subsequent naturalization applications, will ask if the applicant has committed any criminal offences, or character requirements.
Residence visa:
Naturalization:
This is the conduct test, such as traffic violations also belong to one aspect of the conduct, passed the application can be approved.
Of course, in real life, the vast majority of people are law-abiding, no major criminal acts. But there are occasional overspeeds, red lights, bills and so on.
So will (minor offence or conviction), apply for a visa (including subsequent naturalization) under these circumstances? To avoid trouble, is it okay not to declare?
Will a small violation of the rules and regulations refuse to sign?
Recently, a netizen asked for help online:
I spent more than a year in Australia with a working vacation visa, and I was lucky to find my employer willing to apply for a 482 guarantee visa. I once had a minor driving violation in China (no taxes and insurance), but I didn`t make a statement in my previous application for a job holiday, nor did the Immigration Service find it.
Now that I have to submit a 482 application, the more I think about it, the more uneasy I am. Do I want to declare myself?. How does the statement explain the last concealment?
In fact, examples like this are not uncommon.
Like speeding:
For example, flight:
According to some past experience and immigrant lawer, occasional red lights, speeding, due fees, etc., do not leave a criminal record, and generally do not lead to visa rejection.
Lower number of times:
He didn`t overspeed much, so he paid a fine:
In addition, such as drunk driving, red lights (no serious consequences) generally do not result in visa rejection, at most a few days of trial.
For example, the 189 applicant did not declare that he was speeding at first, and sent a post asking:
A netizen with a similar problem said no problem. But he was not at ease, he also handed in 1023 forms to explain the matter.
In the end, there was no danger of leaving a criminal record or refusing to sign.
In general, ordinary traffic penalties (not much speeding / parking, etc.) are not counted as conviction.
The Hobart Community law Service also said minor violations such as speeding would not affect student visas.
But those involved in court will be more serious, will remain on record, even if the fine has been handed over, the best to declare. Because it`s easy to find out even if you don`t declare it, but you can`t even report it.
If you have some violations before, if you are not sure, the safest way to do so is to make truthful statements and let the visa officer make a decision. A lot of times your honesty will make up for minor violations.
Sometimes speaking does not necessarily refuse to sign, the consequences of concealment are very serious. In particular, the subsequent application for naturalization, the review will be more stringent. If false information is found, the application for naturalization may be rejected, and even the PR visa may be cancelled!
Of course, if you are worried about the negative impact on the application, you can also include an explanation that it is generally OK.
So, in response to the user`s question, immigrant lawer`s advice was a truthful statement that had little impact on the visa.
In short, the character test is about the applicant`s moral character rather than the behavior at one time, and some minor violations do not completely deny the character of a person. The Immigration Service focuses on reviewing and intercepting applicants who have committed serious criminal acts, such as more than 12 months in prison and porn, a child of violence, terrorism, drug,.
Then again, while occasional minor violations have no impact on visas, they can also be bad for credit, such as buying a house and lending to find a job. So "don`t do bad things, even if it`s not obvious", everyone is good to follow the rules and regulations!
Stricter naturalization review
Although occasional speeding, drunken driving, running red lights and other behaviors have little impact on visas, but more times, quantitative changes may cause qualitative changes. In particular, to the naturalization stage, the review will be more stringent!
In 2015, a Fijians application for naturalization was denied on the grounds of traffic violations and failure to meet moral requirements.
Look at his violation of the rules and regulations, but there seems to be no very serious situation, only speeding, running red lights, driving without a license, and so on. And the money has also been penalized, the procedures have been completed, but why was rejected?
Because the Migration Board is of the opinion that:
Individual behaviour, although not serious, was more frequent, disregarding Australia`s law and public safety, and was not in line with the "good conduct" he declared in his application.
In the application for naturalization did not declare all illegal acts, avoid heavy and light.
In the end, the AAT also supported the Migration Board`s decision, and the appeal failed.
So is there any violation of the rules that will definitely affect naturalization?
In fact, although the Immigration Board does not specify which violation would affect naturalization, it generally considers the following:
Violation itself: the nature of the violation, the frequency of the violation, whether or not someone is injured or at risk of injury, and whether the violation has been committed for a long time;
Applicant performance: whether in the application truthful statement, whether I have assumed responsibility, whether has been repentant;
Court rulings: the amount of fines and whether they have been paid, whether or not they have been sent to prison.
Therefore, everyone usually remember to strictly regulate their behavior, so as not to dig for their own hole!
The consequences of concealment are serious
As can also be seen from the above example, individual minor violations may not be sufficient to cause the application to be rejected, but if deliberately concealed can lead to bad results!
Of course, this is not limited to the concealment of illegal acts.
As long as there are inconsistencies with the facts in the application, in the view of the Immigration Service, false or misleading information is provided!
This is the real point, especially for those who subsequently apply for PR or even naturalization, because it is contrary to PIC 4020.
Clause 4020 requires the applicant to provide authentic and valid materials and information. If a fraud is found by the Immigration Service, the applicant either withdraws his visa or waits to be rejected. It will take 12 months to resubmit.
In case of a violation of Section 4020, the Immigration Board will not approve any visa submitted in accordance with Clause 4020 for the next 3 years!
Previously, a backpacker applied for a second working holiday visa with forged materials. Finally, he was refused a visa by the Immigration Board when applying for a student visa, and was banned from entering Australia for three years!
epilogue
Most of the time, for visa or naturalization applications to be approved smoothly, the applicant may tell a small lie to hide some information, of course, many people may not remember these things at all. Because from the heart does not think these are illegal crime.
Many immigrant visa applications, such as 482489 and permanent residence visa applications, require proof of non-crime.
