ManFactSpendLA

Curious if anyone has had a eta denied for Australia? If so, what did you do? DUI on record? Any experience from anyone? Curious what to do? Would appreciate any advice! Thx

number_6

I don't have any personal experience, but any criminal conviction in your record will cause ETA to be denied (DUE conviction would fall into this category). You can then apply for a visa, which may be approved after an evaluation process; I don't know the criteria that differentiates when it is approved and when denied. The visa application costs more $ and takes weeks longer than ETA.

CPMaverick

I have not had an ETA denied (and now on a PR visa), but I have on good authority that the FBI criminal records are the same as what Australia has access to.

So my advice (with a caveat) is for anyone looking to enter Australia but worried about a criminal conviction, get a FBI background check for yourself. If it comes back with a conviction, definitely mark 'Yes'. If it comes back clean, you can consider marking 'No' to expedite your visa. However, it risky and not the best option.

The caveat is that you are supposed to mark 'Yes' even if your FBI record is clean and you know you have a conviction. So mark 'No' at your own risk. If you lie and get caught, you might not be able to come to Australia in the future.

EDIT: After many successful posts in this thread of those with convictions obtaining 600 visas, my advice has slightly changed. I don't see any point in considering lying on your application. Just go straight for a 600 visa.

LowlyDLsilver

If you have a DUI (and answer honestly) don’t waste money or time on an ETA as it will be denied. And no, I am not suggesting you shouldn’t answer honestly, just saying that an ETA application is not going to be approved.

I have one on my record. ETA denied. Filed a regular tourist Visa Application - sent my FBI record with the application (already had it as it’s a work requirement). It came back Approved in a little over a week.

i did not want to wait for them to ask for the FBI paperwork (or God knows what else they might have asked for if I hadn’t sent it), I just attached it to the application and it sailed through.

CPMaverick

Just for anyone looking, I recently had to perform an FBI background check. I used the company below, and it was a really easy experience. You sign up, make an appointment at a local office (seems like almost any UPS store), and get fingerprinted there at a kiosk. I got the report back a couple hours later (same day). Pretty impressive, considering the last time I did this was in 2009 and I had to go to the county jail to get manually fingerprinted and didn't get my hard copy report back for 2 months!

https://portal.accuratebiometrics.com/

BNEFlyer

According to the ETA and Home Affairs websites: "If you have a criminal conviction and have been sentenced to a term of imprisonment of 12 months or more, you should not be applying for an ETA. You might be eligible to apply for other types of online visitor visas."

So unless you were sentenced to 12 months or more in prison you're ok to get an ETA. But perhaps best to check with the Department of Immigration or Home Affairs directly to clarify.

Melyssa

I came in with a DUI on an ETA. Just be honest about it when you go thru customs, they'll have you fill out a form and then let you thru. I and another guy were doing same thing at the same time in immigration so I think Oz is used to seeing this. And it's rather an issue here too, so I certainly wouldn't worry about your ETA. The background check website said I could apply for it from Australia's Immigration and Border Protection, if my criminal offense was less the 12 months jail time. I didn't have to serve any time but the maximum jail time I could have gotten was 6 months. I just did a normal ETA and filled it out. They give you a form when entering the country that asks if you've been convicted of a crime so I checked it. When they see that you checked that on the form, they have another guy take you off to the side and ask you some questions. They asked me what it was, when it happened, and how much it cost for the ticket. He wrote it down and copied it and put in some file I'm guessing. So if I ever go back they'll probably ask the same question is my guess.

Smiling Eyes

Smiling Eyes

Hey this thread is really helpful. Going to Oz for the first time and checked "yes" on for DUI criminal conviction not realizing that it is only if you have a record where you have been sentenced for 12 months of prison or more and was denied. Tried to fix it by applying with the appropriate "no" answer and denied. Have now applied for 600 short term visa and put a bunch of info on my flight, itinerary, ect along with a statement that I was never sentenced to prison nor served any time. I did get FBI record done as well which doesn't even show anything except for an arrest for possession when I was 21 (16 years ago) and not convicted. Should I just submit the FBI report anyway or will this cause more questions? I'm taking my mom on a trip for her 70th birthday in a week and am freaking out. I never expected this and would have applied much sooner. I also got background from the state coming. I'm a US citizen by the way.

Thanks for the advice on accurate biometrics. They were great.

CPMaverick

I would not submit your FBI report unless they request it.

You are in a tough spot because once you tick that criminal box you'll be flagged. But I think there is a good chance you can get through on the 600 visa. ETA rejections don't mean they want to keep you out, it just means you need a bit more vetting.

If you want to maximize your chances, I recommend getting a lawyer to apply for you. I can recommend https://mnvisa.com/ they do great work. You will pay a lot for such a short term application, but they will know exactly what to do.

Time is of the essence as I'm sure you know. It can take a couple weeks sometimes to get approvals, and Australia Day is on the 26th so everything will be shut on that day. Monday morning in Australia is 16 hours away. If you aren't going to lawyer route, get your application in before then.

Smiling Eyes

Thanks. I submitted my application on Monday evening this week in US, so Tuesday this week. It says it has been received. I attached my passport, cruise itinerary, flight info, hotel info, drivers license, and explanation of what happened. The crazy thing is that we are doing a cruise to NZ ending in Sydney for 24 hours before we fly back to US. I did put that I'm literally going to be there for 24 hours. God I hope they don't ask for more info? I'm just thinking I should proactively sumbit the background checks I've run to avoid delays..... I am panicked quite honestly.

CPMaverick

In my opinion submitting unsolicited documentation has a better chance of delaying your approval than anything else. It will probably need to be reviewed by a real person before approval is granted.

If you want more professional advice, definitely contact a lawyer. I find the agency I linked above to be very helpful, if you email or call them, they might give you some free advice.

Mwenenzi

Or a cruise from New Zealand to Sydney?

CPMaverick

Are you really going to nitpick someone's grammar when they are obviously in a bit of a crisis and admittedly in a panic? There are cruises that go TO New Zealand and onward to Australia, you know.

bensyd

I reckon Maverick's idea of getting a lawyer is worthwhile. Home Affairs is quoting 19 days for 75% of 600 visa applications to be processed. I'd dare say that having a US passport would put you at the quicker end of that time frame, even with your DUI, put at least having a lawyer involved my calm your nerves.