You’d be surprised to hear how many people actually lie when they apply for a visa to get to Australia. This is because Australia has very strict laws concerning visas and immigration authorities want to know about any type of offences the applicants might have committed in their country of origin or indeed in any other country where they have resided for a longer period, 12 months or more typically.
What sort of offences do you need to declare when applying for an Australian visa?
Short answer: Any offence on your record.
This is the part that baffles most foreign nationals applying for an Australian visa. Why would a minor traffic offence committed 10 years ago matter to Australian authorities? Well, it matters to them so deal with it.
Can you get away with it? Yes, if you apply for a tourist visa or a Working Holiday visa you can get away with it. You will be asked for a statement concerning existing convictions and if you say you don’t have any, they’ll most probably take your word for it.
What foreigners don’t understand is that having minor convictions doesn’t necessarily mean your visa application will be denied.
If you state that you have some offences on your record, you will be required to present a national criminal history record certificate. If your convictions total less than 12 months in prison you have no reason to worry your application will be rejected. In most cases, it is only people with lengthy prison terms on their record that have to worry and even then the immigration officer in charge of your case may grant you a visa after reviewing your circumstances.
So, why would you lie if you only have some minor offence on your criminal record?
What can you do if you lied on your visa application?
Many young people coming to Australia on a Working Holiday visa (417 visa) decide they want to stay longer if they’ve found a good employment. For that, your employer needs to sponsor you for a Temporary Skills Shortage visa (428 visa) and this is when that little white lie comes back to haunt you.
When you apply for a 428 visa you will need to submit a national police check from your country of origin which will include the offence you have lied about in your original visa application.
The only thing you can do is tell the truth this time and hope for the best. If you’re lucky, the officer in charge of your application might not notice you omitted to mention your past convictions when you first came to Australia and granted you the 428 visa no questions asked.
However, there’s a strong possibility your lie will be discovered and that’s pretty serious. Even if it was a stupid traffic offence, the Department of Home Affairs might deny your request simply because you lied in the first place.
If you really want to stay and work in Australia it’s best to seek professional migration assistance. There are various organisations that deal with such problems and they can guide you through the process.
It’s not a guarantee, but in many cases the lie in your first visa application can be forgiven provided you can offer solid character references, which are an essential part of the character assessment.
Bottom line – If you want to travel to Australia, better don’t lie to the immigration authorities, saving yourself a lot of headache!