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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44151
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a UK citizen who has been granted an EVisitor visa. I

Customer Question

Hi. I am a UK citizen who has been granted an EVisitor visa. I will be visiting Australia for three weeks in December. I have seen on the conditions in regards ***** ***** Criminal Convictions, which has made me panic. Where I do not have convictions where I was sentenced, I do have cautions (Warnings). Sad to say, I have three of these. 1998, 1999 and the most recent was given in 2004 or 2005 (I cannot remember exactly). I basically need to know if the EVisitor visa is the right visa I should have applied for (There was no mentions of declaring cautions in the EVisitor application), and if I am likely to have problems when trying to cross the border of Australia.
Any advice would be greatly received. Thanks.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Customer: replied 8 months ago.
Thank you
Expert:  Leon replied 8 months ago.

Good Morning

The visa you have applied or is correct. Cautions are not convictions or charges. But yo be 100% certain apply for a copy of your criminal record from the UK police.

Once you have it then you can take it to the high Commission of Australia if there is anything on there and have them fix the issue. If it is clear you do not have to do anything else.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Customer: replied 8 months ago.
Thank you for your response. I have seen my record before as I needed a copy for my job, and they were there as cautions.I know (As I've seen Australia Border Force many times on TV), that convictions also need to be declared on an incoming passenger card. Given your answer, does this mean that the cautions do not need to be declared there also?
Expert:  Leon replied 8 months ago.

Good Morning

If they are on your record, I would suggest you speak to the Australian High Commission and disclose them and they will guide you better.

They are not disclosed on the card but the visa says you have not had any convictions or charges. If you arrive and they deem them as charges the visa will be cancelled and you will be denied entry. But clarifying it now in the UK you will have your mind at ease.

Customer: replied 8 months ago.
Yeah, I had thought about contacting them already as I was unsure.The government site gives the following:have not been convicted of an offence or offences for which the total sentence is more than 12 months (whether or not the sentence has been served). - Which doesn't apply to cautions by the wording of it.