Australian visa

Travel Forums Australia / New Zealand & The Pacific Australian visa

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1. Posted by Katie1010 (Budding Member 30 posts) 47w Star this if you like it!

Hi can someone offer me some guidance please
Mine I think is quite complex so I appreciate any help.
I am a Uk citizen with a British passport - but I’ve been living in Ireland for 20 years
I have 6 Irish convictions
2008 - drink driving - fine and ban
2008 - drink driving - fine and ban
2008 - drunk and disorderly - fine
2017 - drink driving - fine and community service
2019 - drunk and disorderly - fine
2022 - drunk and disorderly

I also am about to face court in Scotland for a serious assualt charge (I pushed someone - they fell and fractured their ankle)

now aside from the fact I know am taking steps to resolve my issues with alcohol - I was wondering if any one could help with how this is going to effect me travelling to Australia ?

I have visited oz preciously on an ETA in 2017 and had no issues

however I don’t think this is going to be the case any more for obvious reasons

is it worth me trying to obtain an Irish passport ? Will this make travel easier for me ?

or do you think if I ticked the no conviction box a serious assualt charge from Scotland would be flagged ?

How long would you recommend for me to wait until I apply for a visa ? Thanks

2. Posted by AndyF (Moderator 2970 posts) 47w Star this if you like it!

Briefly it seems a "substantial criminal record" would be the barrier to getting an Australian visa. They define this as a 12 month jail sentence.

Irish passport wouldn't make a blind bit of difference, unless you intend to lie to get in, and risk being deported or worse if you get found out.

I'd just go through the ETA application process. Once you know the outcome of the Scottish case. It looks like you'd be accepted, though they make ask you to send a police certificate.

This page may be useful:
https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character

[ Edit: Edited on 21 Aug 2023, 16:14 GMT by AndyF ]

3. Posted by Katie1010 (Budding Member 30 posts) 47w Star this if you like it!

Hi thanks for your reply - I should have said that I got a suspended sentence in 2022 of 2 months - does that make any difference ?

thanks

4. Posted by AndyF (Moderator 2970 posts) 47w Star this if you like it!

Quoting Katie1010

I should have said that I got a suspended sentence in 2022 of 2 months - does that make any difference ?

My reading of that web page I suggested is that a year's jail sentence, or bits adding up to a year, is their cutoff. So long as your total is under a year, I think you should be fine, but as always with these things don't rely on what a random stranger on the internet tells you, do your own research - that link is to the Australian government website so it's the reliable place to look for answers for your specific situation.

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character

[ Edit: Edited on 22 Aug 2023, 08:05 GMT by AndyF ]

5. Posted by Katie1010 (Budding Member 30 posts) 47w Star this if you like it!

Thanks Andy for your reply - just one more quick one
Do you think say for example I booked the ETA now and was approved as I have under one year and then in 6 months time if I got a year suspended on the new case
Would I still be ok to travel on the original ETA or would I have to let them know ?

Thanks again

6. Posted by AndyF (Moderator 2970 posts) 47w Star this if you like it!

Quoting Katie1010

Would I still be ok to travel on the original ETA or would I have to let them know ?

The usual thing is if circumstances change then you're supposed to let them know / apply for a full visa.

Generally countries expect you to do the right thing, the ESTAs/ETAs/etc are supposed to be a short cut for simple cases and if you don't fall into that then you're supposed to go through the full visa process.

It's impossible to know if you'd get caught, or what they'd do if they caught you - it ranges from them doing nothing at all to them throwing you in jail, and I don't know how severely Australia treats this.

Personally I can't see how a trip to Australia is worth the risk of going to jail.

7. Posted by Katie1010 (Budding Member 30 posts) 47w Star this if you like it!

Thank you for your help :)

8. Posted by AndyF (Moderator 2970 posts) 47w Star this if you like it!

You're welcome, and good luck with it all.

9. Posted by Katie1010 (Budding Member 30 posts) 47w Star this if you like it!

Sorry me again

just a quick one from your own knowledge
Say for example from this court case - if I was to get a 6 month suspended sentence and I already have a 2 month suspended ? This makes 8 months so I can apply for the visa

would you think I would be ok with this ?

could I apply straight away and do you think I would have any issues obtaining the visa ?

or do you think I should wait a period of time after the conviction
(It will defo de a conviction because I’m pleading guilty)

thanks

10. Posted by AndyF (Moderator 2970 posts) 47w Star this if you like it!

Until you get the outcome of the Scottish case you can't do anything. Because that outcome is going to change things and you'd have to go through the process again.

Don't be in a hurry to do something now, or you risk getting deeper in a mess which could stay with you all of your life.

Once you get the outcome of the current case, you know which side of the 12 months your total is and you can approach the visa process honestly.

[ Edit: Edited on 22 Aug 2023, 17:57 GMT by AndyF ]