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Aussie with Criminal Conviction and Mum and DeFacto British

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AussiePOM
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Posts: 1
Joined: Tue Dec 14, 2010 1:43 am

Aussie with Criminal Conviction and Mum and DeFacto British

Post by AussiePOM » Tue Dec 14, 2010 2:17 am

Hello all,

Some 9 years ago, a friend and I planned an extensive camping trip around Australia and he gave me his credit card to purchase gear. The bank pressed charges of Fraud and Uttering for the 10 items I purchased so I now have a Criminal Conviction for a total of 20 charges.

The value of the goods was about $900 from memory. For the 10 counts of "Fraud" I was given a Community Work Order of 200 hours from memory. For the 10 counts of "Uttering" I was given a Good Behavour Bond.

There may have been a suspended sentence of 3 months but it was so long ago and I was so ashamed I really can't recall.

I am applying for the "Right of Abode" as my mother was born in England and my DeFacto partner of 6 years is a British national whom I intend to marry and has been living with me in Australia the whole time.

Have read that under 320(18) rule, I will be refused if the offence carried a sentence of 12 months or more but I have tried and failed to find the comparable charges/sentences in UK law.

Im also not even sure the same rules apply for a "Right to Abode" application as it is not even a visa.

So any knowledge would be helpful.

Thanks in advance.

AussiePOM.

Zebrudaya
Junior Member
Posts: 89
Joined: Sat Oct 23, 2010 10:37 am
Location: Essex

Post by Zebrudaya » Mon Dec 20, 2010 3:57 pm

Please you don`t appear to have given us all the bare facts to be able to advice you correctly. Did you buy those items with a stolen credit card? If no, why did you not get your friend to say that he authorised you to use his card and also, why were you found guilty in the first place?

However, to address your problem, you have to get an immigation solicitor and tell him the truth etc. He will examine the facts of the case along with the British immigration regulations and see how he could help you.

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Tue Dec 21, 2010 3:28 pm

The convictions are likely considered as spent and in any case are not taken into consideration when applying for Right of Abode.

Checking the application will probably confirm this ie: do they ask for criminal convictions?

SSEF
Junior Member
Posts: 63
Joined: Sat Jul 03, 2010 10:02 pm

Post by SSEF » Tue Dec 21, 2010 9:34 pm

Dont worry about it, England lets rapists and murders in...a few hundred bucks wont matter!

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