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I have a subclass 651 eVisitor visa to travel from the UK to Australia. One VISA condition is

The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) for a total period of 12 months or more, at the time of travel to, and entry into Australia

Does "sentences" include disqualification from driving, or just prison time?

I do not have a substantial criminal record as cited on Autralian Government Department of Immigration and border protection: http://www.border.gov.au/Lega/Lega/Form/Immi-FAQs/what-is-a-substantial-criminal-record

My criminal record is for disqualification from driving for 12 months, by a Juvenile court 12 years ago (Aged 16), under aggravated vehicle taking, no insurance and driving otherwise then in accordance with a licence.

Does my subclass 651 eVisitor visa cover me, and do I need to apply for a different visa? I have called the Australian Immigration Office Overseas (Australian High Commission based) Europe Service Centre in London, and they did not have an answer, instead directed me to the webpages above, and said the decision on which visa I need is down to me.

I have also contacted ACRO customer services (UK), who stated the decision is down to the Australian High Commission.

I am planning to visit a friend for 16 days, and only need a visa to cover for tourism (not working or studying)

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    Typically this refers to custodial sentences.
    – Michael Hampton
    Commented Jul 20, 2015 at 21:50
  • 8
    Australia isn't admitting convicted criminals? A complete reversal of their old policy.
    – Michael Lorton
    Commented Jul 21, 2015 at 1:40
  • 8
    "Do you have a criminal record?" "I didn't know it was still a requirement!"
    – Golden Cuy
    Commented Jul 31, 2015 at 12:48

3 Answers 3

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I'm fairly certain that that clause is talking about actual criminal convictions which you went to trial for and served (or were on probation for) a 12+ month sentence.

However, going to Australia is a long trip, and I've seen people turned back at the airport before. I would suggest that you write a letter / send an e-mail to the Australian Consulate to clear it with them before you purchase a ticket. Calling them is okay for short questions but I think you'd get a better answer if you ask in writing.

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That snippet you provided refers to time behind bars - in jail - in any case write to your local Australian embassy or consulate in the UK for advice.

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Even though driving offences can be on your criminal records, your sentence implies it is not what is meant by the visa condition. The link clearly says about detainment/imprisonment periods. You shouldn't worry considering you were not even fined. Sentences can be either imprisonment or cash penalties. I dont think license/driving suspension are considered a sentence at all.

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    It's not "just" a driving offence though - notice "Aggrevated vehicle taking" - sounds like it was (probably) a stolen vehicle.
    – CMaster
    Commented Mar 24, 2016 at 15:39

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