Criminal record, can I get a visa

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Criminal record, can I get a visa
responses: 1, last: 7. 11. 2014, latest contributor: Ales Welter
Peter from IP 220.101.11.*** | 5.11.2014 03:44

Dear agent,

12 years ago, I committed a crime - theft and was conditionally sentenced to 12 months imprisonment. Last year, I was pardoned by the president of my country. Do i Have a chance to get a PR?

Thanks Peter

Ales Welter | 7.11.2014 02:12
Hi Peter,
if a person has been sentenced to  a term of imprisonment for 12 months or more , they have a substantial criminal record which is a ground to refuse a visa under s.501 of the Act. Suspended sentences (like in your case) are to be considered for the purpose of a character test as well. However, a sentence imposed on a person is to be disregarded if  the conviction concerned has been quashed or otherwise nullified or
the person has received a pardon for the relevant conviction - which might be your case. Nonetheless, your case would be tested against a different criterion of a character test: section 501(6)(s) - past and present criminal and general conduct. Even if your police clearance check shows no record, you are still required to disclose your past criminal conduct. Your case will require a professional assessment and supporting submission accordingly. Please contact our office if further assistance is required.
Ales Welter


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