Australian Immigration (Perm Residency) with Canadian Criminal Charges?
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Australian Immigration (Perm Residency) with Canadian Criminal Charges?
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Hello guys!
I have Canadian criminal charges against me when I was in Canada on a visa. I have filed for Australian Permanent Residency and have got my state sponsorship.
But my agent says that with Canadian charges, I wont be able to clear the process. Though I have a Police Clearance Certificate from the Canadian police, the crime has been committed after receiving the document. I cannot fight the charges as I am not in Canada now, and hiring legal counsel is out of financial bounds. A police official told me that those charges can be classified as 'serious', though I WAS NOT involved in any terrorist activity. It also IS NOT murder or assault.I guess it is some kind of a fraud.
Do you think this might cause a problem with the Australian Immigration, considering that I will be providing the Australian authorities with the Canadian PCC?
Plz help me out, guys!
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Ozmaniac
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People with criminal convictions can get Australian PR, but people with unresolved charges can't. If you're serious about living here, you MUST face the charges and then apply for your visa once you've faced the music and done your time (if any). Don't bother applying and not mentioning the charges: these days, countries like Australia and Canada exchange a great deal of information and you will be almost certainly be found out. That will then go very badly against you and you will probably be barred from Australia. If you get PR and our authorities then become aware, you ill be extradited to face the charges and will lose your PR. The moment you go through passport control in Australia, the Canadians can find you.
EDIT:
Sidwell, pretty well everything you say is correct about people with criminal records but his question related to the fact that he doesn't YET have a record (only charges) and was able to get a police clearance because he hadn't committed the crime at the time it was issued. He's asking if he will get away with coming here with charges outstanding against him. He won't. |
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Sidwell
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sorry but the agent was right.
You have a criminal record and are not of good character.
So you will NOT be eligible for immigration.
Australia are very strict about requirements.
see link below for details
You are deemed to have a substantial criminal record if you have been any one of the following:
- sentenced to a term of imprisonment for 12 months or more
- sentenced to either death or life imprisonment
- sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two (2) years or more
- acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, you have been detained in a facility or institution,
If your visa is cancelled on criminal grounds you will be permanently excluded from Australia.
ALSO
You will fail the character test if:
- you have a substantial criminal record
- you have, or have had an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
- there is a significant risk that you will engage in criminal conduct in Australia; harass, molest, intimidate or stalk another person in Australia; vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community
- with regard to your past and present criminal conduct, you are found not to be of good character
and
- having regard to your past and present general conduct, you are found to be not of good character |
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