Australia visa DUI
Jan 8, 2019, 8:03 pm
#76
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Read the whole thread and make up your mind.
Mar 1, 2019, 1:08 pm
#77
Join Date: Mar 2019
Posts: 3
Melyssa,
Did you have a Visa when you entered Australia or how were you able to enter? I had a DWI about 11 years ago. I was not sentenced to jail but a fine and probation. Didn't realize that this could prevent me from entering Australia. I am leaving in two weeks and applied for my Visa two days ago. I was asked if I had ever been convicted of a felony and I checked the no box because I wasn't. My friend who is going with me got her Visa in 24 hours so I assumed I would too. I had an issue with my passport because I lost my expired one, had to write away fro my original birth certificate because what I had didn't have the raised seal. The day my new passport arrived, I applied for my visa. Now I am literally feeling sick. I got the three weeks off from work, everything has been booked and everyone knows that I am leaving for Australia. I never told anyone about my DWI because I was so embarrassed about it and it was unbelievable that I found myself in that situation because I am not a rule breaker.
I haven't received an email with a denial but since my friend got hers right away and *I did't I started looking for things that could prevent a Visa and found this site. This is supposed to be my trip of a lifetime because all I do is work and go home. I am literally on the verge of tears here at work .so am wondering what I should do. Should I contact the law firm in Sydney that was mentioned, apply for the Visa 600? I am in the US and went through a travel site for the Visa, the same one that my friend used. Thanks to everyone for all of your helpful posts on this topic.
Did you have a Visa when you entered Australia or how were you able to enter? I had a DWI about 11 years ago. I was not sentenced to jail but a fine and probation. Didn't realize that this could prevent me from entering Australia. I am leaving in two weeks and applied for my Visa two days ago. I was asked if I had ever been convicted of a felony and I checked the no box because I wasn't. My friend who is going with me got her Visa in 24 hours so I assumed I would too. I had an issue with my passport because I lost my expired one, had to write away fro my original birth certificate because what I had didn't have the raised seal. The day my new passport arrived, I applied for my visa. Now I am literally feeling sick. I got the three weeks off from work, everything has been booked and everyone knows that I am leaving for Australia. I never told anyone about my DWI because I was so embarrassed about it and it was unbelievable that I found myself in that situation because I am not a rule breaker.
I haven't received an email with a denial but since my friend got hers right away and *I did't I started looking for things that could prevent a Visa and found this site. This is supposed to be my trip of a lifetime because all I do is work and go home. I am literally on the verge of tears here at work .so am wondering what I should do. Should I contact the law firm in Sydney that was mentioned, apply for the Visa 600? I am in the US and went through a travel site for the Visa, the same one that my friend used. Thanks to everyone for all of your helpful posts on this topic.
Mar 1, 2019, 3:06 pm
#78
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Join Date: Apr 2001
Location: MEL CHC
Posts: 21,018
Did you have a Visa when you entered Australia or how were you able to enter? I had a DWI about 11 years ago. I was not sentenced to jail but a fine and probation. Didn't realize that this could prevent me from entering Australia. I am leaving in two weeks and applied for my Visa two days ago. I was asked if I had ever been convicted of a felony and I checked the no box because I wasn't. My friend who is going with me got her Visa in 24 hours so I assumed I would too. I had an issue with my passport because I lost my expired one, had to write away fro my original birth certificate because what I had didn't have the raised seal. The day my new passport arrived, I applied for my visa. Now I am literally feeling sick. I got the three weeks off from work, everything has been booked and everyone knows that I am leaving for Australia. I never told anyone about my DWI because I was so embarrassed about it and it was unbelievable that I found myself in that situation because I am not a rule breaker.
I haven't received an email with a denial but since my friend got hers right away and *I did't I started looking for things that could prevent a Visa and found this site. This is supposed to be my trip of a lifetime because all I do is work and go home. I am literally on the verge of tears here at work .so am wondering what I should do. Should I contact the law firm in Sydney that was mentioned, apply for the Visa 600?
I am in the US and went through a travel site for the Visa, the same one that my friend used. Thanks to everyone for all of your helpful posts on this topic.
I haven't received an email with a denial but since my friend got hers right away and *I did't I started looking for things that could prevent a Visa and found this site. This is supposed to be my trip of a lifetime because all I do is work and go home. I am literally on the verge of tears here at work .so am wondering what I should do. Should I contact the law firm in Sydney that was mentioned, apply for the Visa 600?
I am in the US and went through a travel site for the Visa, the same one that my friend used. Thanks to everyone for all of your helpful posts on this topic.
If you do not have a ETA/visa you will not be allowed to board the aircraft for Australia.
As for applying via a travel site, you may have been scammed, by a 3rd party site. All they do is take your money and feed the data to the official Au Government web site, for a sizable $$ fee.
Au Government web site link --> Australian Electronic Travel Authority AUD$20. For passports holders from Brunei Darussalam, Canada, Hong Kong (SAR PRC), Japan, Malaysia, Singapore, South Korea and United States. Beware of non government 3rd party look-a-like web sites that charge more, often found with a browser web search.
FT thread-->Australia immigration (incl ETA visa) & customs
Last edited by Mwenenzi; Mar 1, 2019 at 3:44 pm Reason: added post 77 in full
Mar 1, 2019, 3:16 pm
#79
Join Date: Mar 2019
Posts: 3
Thanks for the information. I paid $20.00 through the travel site. Don't know whether to re-apply on another site or wait but my time window is very small and I am nervous about it. My head is swimming with all of this and I'm not sure what to do.
Mar 1, 2019, 3:20 pm
#80
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If Au$20 [~US$14.15] it may have been the Au Government site
There is only 1 site to apply: the Australian Government web site.
Mar 1, 2019, 3:20 pm
#81
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What "travel site" did you use?
Mar 1, 2019, 6:19 pm
#82
Join Date: May 2006
Location: GA
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It is the weekend in Australia and it has been documented that if applications get kicked into additional processing, they sometimes won't be accepted until a weekday. So you may still be OK, but that means waiting 2-3 days.
If you didn't apply through the official Australian website, but a 3rd party site, then that is not ideal. It could mean additional delays. Please post the link you used to apply so we can help.
If I were you I would obtain my FBI record according to other posts on this thread. If it comes back clean, I would give it until Tuesday AM in Australia to see if it goes through. If nothing happens by then, or if your FBI record comes back with a DWI, then I would contact an immigration lawyer and follow their advice. It sounds like the trip is important to you, and probably worth paying for professional help.
If you didn't apply through the official Australian website, but a 3rd party site, then that is not ideal. It could mean additional delays. Please post the link you used to apply so we can help.
If I were you I would obtain my FBI record according to other posts on this thread. If it comes back clean, I would give it until Tuesday AM in Australia to see if it goes through. If nothing happens by then, or if your FBI record comes back with a DWI, then I would contact an immigration lawyer and follow their advice. It sounds like the trip is important to you, and probably worth paying for professional help.
Mar 2, 2019, 7:51 pm
#83
Join Date: Mar 2019
Posts: 3
I used Australian Travel Advisory. Last night I had a message that my ETA was approved and attached to my passport. Looks like I am good to go and I am relieved. Appreciate the comments in this forum because if it hadn't been approved, I wouldn't have known what to do.
Mar 20, 2019, 6:14 pm
#84
Join Date: Mar 2019
Programs: denii
Posts: 1
I was hoping someone could help me out with my situation. According to American law, I was never convicted. My misdemeanors were nulled -or- dismissed. I haven't found any information really to let me know if Australia would or wouldn't recognize that as a conviction or not. Was going to try to call the Embassy in D.C when they are open tomorrow if they could help.
Mar 20, 2019, 7:44 pm
#85
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how did your case end up. I’ve got the same issue. My minor misdemeanor was dismissed resulting in no conviction. I didn’t plea guity and haven’t been found guilty. My final disposition says it’s dismissed. Should I still disclose it or just bring the documentation in case they ask for it?
You have already said no. What's the point of disclosing it?
Jul 6, 2019, 11:20 pm
#86
Join Date: Oct 2007
Programs: AS MVP
Posts: 151
I am now resting in my hotel in Melbourne, having successfully entered Australia. I looked to the thread and other information online, and here’s my story.
i was convicted of reckless driving (effectively, a wet reckless) last year. I wanted to apply for an ETA, but my conviction concerned me. Though many here vociferously claiming that any conviction requires a 600 visa, the wording in all the available official Australia Foreign Ministry information states that (paraphrasing) any conviction with a sentence of a year or more (suspended or served) is not eligible for an ETA. Obviously, this implies that for convictions resulting in < 1 year, the ETA is an option.
Unfortunately, the ETA application only asked if the applicant has a criminal conviction, with no condition added explicitly in the question itself (though its stated in many other places). I called the global service center and they defined a criminal conviction as any < 1 year.
Based on feedback read here (which brought strong criticisms against such advice), I answered no on the ETA application. However, I did get an FBI background check (as well as one from my state).
Fast forward 3 months, and I’m walking to immigration after back to back long hauls (17 hours to Singapore and 7 hours on to Melbourne). I ticked yes on the arrival card for criminal conviction, and after attempting the self service border control, I was kicked to an immigration officer. I told him it was likely for checking the conviction box, and commented on the confusion in the ETA application. He said he wasn’t surprised and then handed my passport and me off to another immigration officer.
i was asked to fill in a form listing my convictions, and I handed the officer the copies of my aforementioned background checks. As she took the information to the back office, I was waiting with other flagged for secondary travelers.
After 5 minutes, she came back, handed me my passport, stamped boarding card and background checks and ap told me I was good to go. That was it.
my advice?
1 - based on the information describing the conditions of the ETA, check ‘no’ for criminal convictions if you have one with a sentence (suspended or served) < 1 year.
2 - pull an FBI background report (you’ll need to get your prints taken electronically (I did it at a UPS store that had a special machine, sending those prints to a service which gets the report from the FBI).
3 - check yes on for criminal convictions question on landing card, and bring your FBI report with you.
For whomever is saying that *any* criminal conviction is disqualifying for an ETA, that’s just plain wrong.even the confirmation email I received (image attached) states that that convictions < 1 year are eligible.
thanks for all the advice, and good luck all!
Eric
Confirmation of my ETA visa approval
i was convicted of reckless driving (effectively, a wet reckless) last year. I wanted to apply for an ETA, but my conviction concerned me. Though many here vociferously claiming that any conviction requires a 600 visa, the wording in all the available official Australia Foreign Ministry information states that (paraphrasing) any conviction with a sentence of a year or more (suspended or served) is not eligible for an ETA. Obviously, this implies that for convictions resulting in < 1 year, the ETA is an option.
Unfortunately, the ETA application only asked if the applicant has a criminal conviction, with no condition added explicitly in the question itself (though its stated in many other places). I called the global service center and they defined a criminal conviction as any < 1 year.
Based on feedback read here (which brought strong criticisms against such advice), I answered no on the ETA application. However, I did get an FBI background check (as well as one from my state).
Fast forward 3 months, and I’m walking to immigration after back to back long hauls (17 hours to Singapore and 7 hours on to Melbourne). I ticked yes on the arrival card for criminal conviction, and after attempting the self service border control, I was kicked to an immigration officer. I told him it was likely for checking the conviction box, and commented on the confusion in the ETA application. He said he wasn’t surprised and then handed my passport and me off to another immigration officer.
i was asked to fill in a form listing my convictions, and I handed the officer the copies of my aforementioned background checks. As she took the information to the back office, I was waiting with other flagged for secondary travelers.
After 5 minutes, she came back, handed me my passport, stamped boarding card and background checks and ap told me I was good to go. That was it.
my advice?
1 - based on the information describing the conditions of the ETA, check ‘no’ for criminal convictions if you have one with a sentence (suspended or served) < 1 year.
2 - pull an FBI background report (you’ll need to get your prints taken electronically (I did it at a UPS store that had a special machine, sending those prints to a service which gets the report from the FBI).
3 - check yes on for criminal convictions question on landing card, and bring your FBI report with you.
For whomever is saying that *any* criminal conviction is disqualifying for an ETA, that’s just plain wrong.even the confirmation email I received (image attached) states that that convictions < 1 year are eligible.
thanks for all the advice, and good luck all!
Eric
Confirmation of my ETA visa approval
Jul 7, 2019, 2:18 am
#87
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Thanks for your follow-up and documentation of your experience. There's nothing like information from an actual experience to help others. I think you did a smart thing, you can't lie on your incoming passenger card so being honest with immigration and having your FBI background check in case you need it is very honest & straightforward and I'm sure the officers appreciated that.
The main issue is that lying on the ETA is grounds for entry refusal. And the ETA application wording does not include the 12 months in it. That's why the most conservative advice is to take the 600 visa for any criminal conviction. However if the ETA confirmation email includes the 12 month wording now, then you can use that if the officers ask you why you said 'no' on the ETA. So, fairly low risk as long as that wording remains in the confirmation.
Another interesting data point is that your ETA went through even though you had a FBI record. So, it's very useful to know that if you say 'no' to the criminal conviction question on a ETA but have an FBI record, it isn't automatically rejected.
I do wish Australia would just use the same wording in every location, it used to say 12 months everywhere, then a few years ago that wording largely disappeared. Last time I checked the official ETA 601 documentation did NOT have the 12 month wording and, at least in theory, that would overrule any FAQ or email confirmation as it is the full detail of the visa. But even if the email confirmation is wrong, I think immigration would give you the benefit of the doubt there if you showed it to them.
This is the wording that was in the ETA 601 documentation. It's pretty clear. You've proven it wrong, obviously, in your case.
Unfortunately the official ETA 601 page appears to be down for maintenance at this time so I can't check it. But if this wording still remains, it appears that officer discretion could have put you back on a plane. But the fact that you were honest on your entry card and provided them with full detail of your conviction went a long way towards an easy entry.
The main issue is that lying on the ETA is grounds for entry refusal. And the ETA application wording does not include the 12 months in it. That's why the most conservative advice is to take the 600 visa for any criminal conviction. However if the ETA confirmation email includes the 12 month wording now, then you can use that if the officers ask you why you said 'no' on the ETA. So, fairly low risk as long as that wording remains in the confirmation.
Another interesting data point is that your ETA went through even though you had a FBI record. So, it's very useful to know that if you say 'no' to the criminal conviction question on a ETA but have an FBI record, it isn't automatically rejected.
I do wish Australia would just use the same wording in every location, it used to say 12 months everywhere, then a few years ago that wording largely disappeared. Last time I checked the official ETA 601 documentation did NOT have the 12 month wording and, at least in theory, that would overrule any FAQ or email confirmation as it is the full detail of the visa. But even if the email confirmation is wrong, I think immigration would give you the benefit of the doubt there if you showed it to them.
This is the wording that was in the ETA 601 documentation. It's pretty clear. You've proven it wrong, obviously, in your case.
If you have had any criminal convictions in any country, you should apply for a Visitor visa (subclass 600), rather than an ETA. If you arrive on an ETA with criminal convictions, you could be refused entry to Australia.
Last edited by CPMaverick; Jul 7, 2019 at 2:31 am
Jul 7, 2019, 4:47 pm
#88
Join Date: Jan 2014
Location: The Indo Jungle
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I had basically the exact same experience a few years back - but the conversation ended with the instruction to "apply for subclass 600 next time, as I cannot guarantee that all border agents will be as lenient and this is advice will be noted in your record"
Really the subclass 600 application doesn't really take much more effort...
Really the subclass 600 application doesn't really take much more effort...
Jul 8, 2019, 1:03 am
#89
Join Date: Jul 2019
Posts: 6
Traveling to AUS on September 2019
Hello,
I am currently managing mine and my fiancé's visa application to visit AUS in September. He has a DUI back in 2015, but was only in jail for less than 24 hours to sober up. He was under probation for 3 months and his license since then has been reinstated and he does not have any other convictions.
This question came up, and I was wondering if we should click yes or no in the application. I know it has been mentioned several times to be honest in the application, however I keep seeing ETA instead of the visitor visa 600 and I wanted to clarify if it was the same thing.
"Has any applicant ever been convicted of an offence in any country (including any conviction which is now removed from official records)?"
Do you suggest that we get an FBI clearance form first before completing the application and see what it says before clicking yes/no or just go ahead and apply now and click yes - then supply court documents in the attachment portions of the application or just click NO since it was very minor and he did not truly serve a sentence.
We will land in Sydney on 9/15, fly to Melbourne on 9/17 and fly out on 9/20.
Any input given will be greatly appreciated. Thank you so much!
I am currently managing mine and my fiancé's visa application to visit AUS in September. He has a DUI back in 2015, but was only in jail for less than 24 hours to sober up. He was under probation for 3 months and his license since then has been reinstated and he does not have any other convictions.
This question came up, and I was wondering if we should click yes or no in the application. I know it has been mentioned several times to be honest in the application, however I keep seeing ETA instead of the visitor visa 600 and I wanted to clarify if it was the same thing.
"Has any applicant ever been convicted of an offence in any country (including any conviction which is now removed from official records)?"
Do you suggest that we get an FBI clearance form first before completing the application and see what it says before clicking yes/no or just go ahead and apply now and click yes - then supply court documents in the attachment portions of the application or just click NO since it was very minor and he did not truly serve a sentence.
We will land in Sydney on 9/15, fly to Melbourne on 9/17 and fly out on 9/20.
Any input given will be greatly appreciated. Thank you so much!
Jul 8, 2019, 2:40 am
#90
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Like whatever has been said 3 posts up, the 12-month imprisonment is official.
So you should be fine with ETA, even not disclosing. It is up to you you want to do the FBI route. But it is possible that you may not have enough time.
BTW - AUS is the IATA airport for Austin–Bergstrom International Airport in Austin, TX. It would be best if you can avoid use AUS for Australia to avoid confusion.
So you should be fine with ETA, even not disclosing. It is up to you you want to do the FBI route. But it is possible that you may not have enough time.
BTW - AUS is the IATA airport for Austin–Bergstrom International Airport in Austin, TX. It would be best if you can avoid use AUS for Australia to avoid confusion.