Australia eVisitor visa - criminal conviction
I'm looking for some advice regarding eVisitor visas and the clause regarding criminal convictions.
I have conviction for 3 months for theft from a shop which was suspended for 12 months. This is not yet spent as I got it in 2014. It's the only thing I've ever done and was something I immediately regretted.
I traveled to Australia last year using the eVisitor with my family to see my partners' parents. I declared it on my landing card and was pulled aside for questioning by a friendly officer. He allowed me in but told me I should apply for 600 visa next time even though my conviction was for less than 12 months. He said that one of the conditions was no convictions but everywhere I look and I've emailed the embassy, states that it's fine if under 12 months.
I'm due to fly out again in February but want to make sure that I'm doing nothing wrong with applying for the eVisitor visa.
Best Answer
Under What you need to know about applying for an ETA online from DIBP the sixth bullet point under ETA Conditions is:
You must not have any criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not the sentence/s were served.
This is an official site in so far as it claims "This site was developed and is operated by SITA on behalf of the Department of Immigration and Border Protection (DIBP)".
Your conviction was for 3 months and hopefully by February the suspension period of 12 months will have expired, since you mention "I got it I 2014", without the 3 month sentence being served due to your breaching any of the conditions.
It is as plain as a pikestaff that the friendly officer was mistaken. However in my very limited experience that does not surprise me (though the friendly part does). You have emailed the Embassy and I take it their response its fine if under 12 months is in writing. I am convinced you are unlikely to be ineligible for an eVisitor visa on the grounds of criminal conviction alone (if you continue to 'behave yourself' until February) so should apply for an eVisitor visa. This is valid for 12 months from the date the eVisitor is granted so you should apply soon just in case it is refused, so you still have time to apply for a Visitor visa (subclass 600) which takes approximately 20 days to be processed but which can take longer and in your situation quite likely would.
However, since it seems likely an eVisitor would be granted I suggest you take a copy of the Embassy's advice with you in case you meet another misinformed officer.
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Can I travel to Australia with a criminal conviction?
Can I travel to Australia with a criminal record? Yes, it is possible to travel to Australia with a criminal record. However, you need to apply for a visa and provide additional documents.What convictions stop you entering Australia?
What Criminal Records Prevent Travel to Australia?- Have any conviction that resulted in a prison sentence of 12 months or more (regardless of time served)
- Have been convicted for two or more offenses and the combined length of all your sentences amounts to 12 months or more (regardless of time served)
Does criminal record affect visa application?
With that said, although convictions can make entering or remaining in the country more difficult, a criminal record is by no means terminal to your chances of obtaining a visa.Do they check criminal record for visa?
If you are applying for entry clearance under any of the following visa routes, you must provide a criminal record certificate for any country (excluding the UK) where you have lived for 12 months or more (whether continuous or in total), in the 10 years before your application, while aged 18 or over.How criminal convictions can affect your Australian visa application?
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