What is a substantial criminal record

What is the legal basis for criminal records? If you are a visa applicant (or a potential visa applicant) and you have a substantial criminal record as defined above, you will automatically fail the Character Test. The Migration Act sets out the grounds for automatically failing the Character Test , a substantial record being one of them. In this guidance, we refer to this as criminal offence data.

However, it is potentially broader than this. You can be refused a visa if you have what they term a substantial criminal record.

A person is deemed to have a substantial criminal record if they have been: sentenced to either death or life imprisonment sentenced to a term of. As a general rule, you are deemed to have a. As far as Australia is concerne it depends on the criminal record. It states that a visa will not be granted if having. A substantial criminal record will make the application process more complex and will take longer for a decision.

Substantial criminal records. Offences which occurred over years ago with a 12-month (or more) custodial sentence, no longer count on local police searches. Partner Visa Sponsor Background Story.

There are two partner visa cases that we handle where the sponsor has substantial criminal records.

I understand that to pass the character test, the applicant cannot have been sentenced to months or more (this is considered a substantial criminal record). My husband was sentenced to months and day. The DBS list of offences is available in wor excel and open document spreadsheet formats. To process personal data about criminal convictions or offences, you must have both a lawful basis under Article and either legal authority or official authority for the processing under Article 10. Months Probation ) completed.

Unfortunately he has a “ substantial criminal record ” therefore he will fail the character test however the official advice is that in spite of this all cases will be reviewed on a case by case basis. Does anyone have any experience similar to this or can suggest anything helpful? The conviction was years ago. It’s fairly obvious, but any criminal record that includes a life or death sentence is considered to be substantial.

The definition also includes: Any criminal record with a prison sentence of at least months, or two or more sentences that total at least months. Suspended sentences and those served in residential treatment facilities. The lawful basis for processing could include where processing is necessary for compliance with a legal obligation to which the employer is subject e. You automatically fail the character test if you have a substantial criminal record , including a prison sentence of a year or more, multiple convictions or a conviction involving escape from immigration detention. The authorities can still approve your visa application at their discretion. When a person is accused of committing a crime, police check to to ascertain if there is substantial evidence for an arrest.

If there is , an arrest is made and the event is documented in a police record that is assumed open to the general public for examination. This same tenet applies equally to all documents created by government organizations. Disclosure: a criminal record check DBS: the Disclosure and Baring Service (DBS) carries out criminal record checks in England and Wales.

It allows us to check the criminal history of applicants, employees and volunteers. Access NI: the criminal records checking service in Northern Ireland. The applicant was later involved in a substantial number of criminal offences, which were often fuelled by alcohol, and he served several gaol sentences. DIAC notified the applicant of a possible visa cancellation under s501(2) of the Migration Act in respect of his Transitional Permanent Visa, on the basis of his substantial criminal record. Lynn Ruane: People with a criminal record for minor offences deserve a second chance.

In the context of criminal attempt, an act that fails to meet the requirements for a substantial step is called: A) the last act.