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Marksewell94

Declaring an Arrest WHV 2019 (No Conviction, No Caution) ??

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Hi 

I am applying for the working holiday visa for Australia (from the UK) and am concerned whether or not I should declare an Arrest.

 

I was arrested in 2015 for drunk and disorderly and paid a penalty notice. I have proof in the form of Police certificates that states NO CONVICTION etc, however I still don't know whether i should answer yes or no.

Is it better to answer Yes, despite not having an conviction, then write a paragraph explaining..

Or just answer no

I am concerned that if i don't mention the arrest at all, it may come back to haunt me when having a decision made.

 

 

Thanks.

 

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On 3/10/2019 at 5:28 AM, Marksewell94 said:

I was arrested in 2015 for drunk and disorderly and paid a penalty notice. I have proof in the form of Police certificates that states NO CONVICTION etc, however I still don't know whether i should answer yes or no.

Is it better to answer Yes, despite not having an conviction, then write a paragraph explaining..

Or just answer no

@Marksewell94 good question,

Technically, a D&D in the UK as you stated does not carry a conviction, they have their own special category of "Penalty notices for disorder". In the eyes of IMMI this is not a conviction, and therefore does not technically need to be declared. I emphasise **technically**.

However, all visa applicants for Australia must meet the Character Requirements, and I quote from IMMI;

"You are likely to meet the character requirements if your visa application shows you have:

  no substantial criminal record
  good general behaviour

We will not grant you a visa if there is a risk you will:

  engage in criminal conduct
  harass, molest, intimidate or stalk another person
  vilify a segment of the Australian community
  incite discord in the Australian community
  be a danger to the Australian community

When applying:

  declare all criminal offences
  truthfully answer all questions
  provide all requested information

Be truthful in your application. We consider all circumstances of a case. Even if you do not meet the character requirements, we, or the Minister for Home Affairs can choose to grant your visa. If you are not completely honest about your criminal history, we may refuse your application."

These requirements are to exclude bad people, but not to exclude a good person that made a mistake or screwed up once.

So you pass the first requirement of "No Substantial Criminal Record".  But its the second "good general behaviour" requirement that has an element of interpretation and elasticity in its meaning, and **may** apply to you.

Specifically to your Visa 417 Working Holiday. As you will be in Australia for a longer stay than say a general tourist, and you will be working, IMMI often and do look a little closer at the Good General Behaviour requirement.  Specifically bad behaviour relating to repeated drug and alcohol disorder or any form of violence can rings bells. However, I don't feel that your disorderly conduct would raise concern, as it was non-violent, isolated and once off. Several D&D's would spell a different storey.

IMHO, I always believe it is better to reveal all and be completely transparent in these matters as this approach demonstrates a high level of integrity and good character on your behalf.  We all make mistakes.

I would answer NO, as that is technically correct, but I would provide a short explanation attached to your PCC that outlines this D&D Penalty. 

I think either way you will be fine, but I would declare for one's own peace of mind as you say.

Having said all that, an observation.  Hypothetically speaking, if while in Australia on your first 417, you get a second D&D, then your second Working Holiday Visa would be put at great risk, as your demonstrating repeat behaviour.

Let us know how you go.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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