Check back soon, this content, related to Australian entertainment and talent visas and criminal and character issues is currently being updated. The updated information will make reference to some of our recent high profile work and the current approach taken.
In the meantime, below are 17 character declaration questions. Those questions are used as an initial test of whether a character assessment is likely to be required.
A lot of people place to much focus on criminal offences. The reality is that a criminal history is only an aspect of the over all character assessment so it is important that you let us know from the start of any likely issues.
INFO SHEET –CRIMINAL HISTORY SUBMISSIONS
Some countries may require particular information and materials to assess an entertainment visa application if they are of the view that there are character concerns of an applicant related to past criminal charges.
Below we have provided some information and guidance for the drafting and collating of supporting materials for addressing those concerns as they relate to a criminal history.
CHARACTER STATEMENT AND CRIMINAL HISTORY
With criminal issues, police certificates will need to be obtained to make sure all offences are referred and responded to. If there are any charges or convictions not included in the police certificate, these should also be addressed, if there is an online record of those charges.
An assessing country may research an applicant’s history as well, including sources such as news reports, Wikipedia, and possibly international agencies. Missing an offence or issue can jeopardise the application or cause extra delay or a second statement to be requested.
A personal statement in your own words own words, indicating what happened in the circumstances of each issue identified in the police report or elsewhere. This will help to provide context that is not in police certificates or reported media.
The statement will also need to provide details from after the offences (the charges or convictions), the outcome of those offences (eg. if a fine was paid, or completed rehabilitation, jail time etc). It is also important to outline what effect the event had on the applicant’s life, particularly when it was life changing, for the good. The length of the statement will depend upon the applicant’s personal circumstances.
For each item that appears on the police certificate, please include the following information:
Depending on the country, the personal statement is often requested in the form of a sworn and witnessed statement (e.g. Commonwealth Statutory Declaration), to be signed by the applicant, and witnessed. We will put the completed statement in the correct format.
Also, don’t hold back on information as we know how to frame it correctly in the final versions, and to be honest we have seen and heard it all so nothing shocks us and we will not be sharing the information other than to be used for the application. –If you do not want specific people in your team/group seeing the draft statements and information let us know so we can ensure that doesn’t occur.
EXTRA STATEMENTS
In addition to the personal statement it can be helpful to have others provide support as well – this may entail further statements from friends or family who can give an overview of the situation.
Below is a suggested guideline and format of what to include in a letter of support:
Re: [insert applicants name]
c/- - McCormicks Law
292 Water Street
Spring Hill
Australia 4000
If we are instructed to draft separate submissions, we will need to refer to provided reference and make additional supporting comments on it.
In the meantime, below are 17 character declaration questions. Those questions are used as an initial test of whether a character assessment is likely to be required.
A lot of people place to much focus on criminal offences. The reality is that a criminal history is only an aspect of the over all character assessment so it is important that you let us know from the start of any likely issues.
- Has any applicant ever been charged with any offence that is currently awaiting legal action?
- Has any applicant ever been convicted of an offence in any country (including any conviction which is now removed from official records)?
- Has any applicant ever been the subject of an arrest warrant or Interpol notice?
- Has any applicant ever been found guilty of a sexually based offence involving a child (including where no conviction was recorded)?
- Has any applicant ever been named on a sex offender register?
- Has any applicant ever been acquitted of any offence on the grounds of unsoundness of mind or insanity?
- Has any applicant ever been found by a court not fit to plead?
- Has any applicant ever been directly or indirectly involved in, or associated with, activities which would represent a risk to national security in Australia or any other country?
- Has any applicant ever been charged with, or indicted for: genocide, war crimes, crimes against humanity, torture, slavery, or any other crime that is otherwise of a serious international concern?
- Has any applicant ever been associated with a person, group or organisation that has been or is involved in criminal conduct?
- Has any applicant ever been associated with an organisation engaged in violence or engaged in acts of violence (including war, insurgency, freedom fighting, terrorism, protest) either overseas or in Australia?
- Has any applicant ever served in a military force, police force, state sponsored / private militia or intelligence agency (including secret police)?
- Has any applicant ever undergone any military/paramilitary training, been trained in weapons/explosives or in the manufacture of chemical/biological products?
- Has any applicant ever been involved in people smuggling or people trafficking offences?
- Has any applicant ever been removed, deported or excluded from any country (including Australia)?
- Has any applicant ever overstayed a visa in any country (including Australia)?
- Has any applicant ever had any outstanding debts to the Australian Government or any public authority in Australia?
INFO SHEET –CRIMINAL HISTORY SUBMISSIONS
Some countries may require particular information and materials to assess an entertainment visa application if they are of the view that there are character concerns of an applicant related to past criminal charges.
Below we have provided some information and guidance for the drafting and collating of supporting materials for addressing those concerns as they relate to a criminal history.
CHARACTER STATEMENT AND CRIMINAL HISTORY
With criminal issues, police certificates will need to be obtained to make sure all offences are referred and responded to. If there are any charges or convictions not included in the police certificate, these should also be addressed, if there is an online record of those charges.
An assessing country may research an applicant’s history as well, including sources such as news reports, Wikipedia, and possibly international agencies. Missing an offence or issue can jeopardise the application or cause extra delay or a second statement to be requested.
A personal statement in your own words own words, indicating what happened in the circumstances of each issue identified in the police report or elsewhere. This will help to provide context that is not in police certificates or reported media.
The statement will also need to provide details from after the offences (the charges or convictions), the outcome of those offences (eg. if a fine was paid, or completed rehabilitation, jail time etc). It is also important to outline what effect the event had on the applicant’s life, particularly when it was life changing, for the good. The length of the statement will depend upon the applicant’s personal circumstances.
For each item that appears on the police certificate, please include the following information:
- At that time how old you were, where you were living, were you working, any particular family issues going on. etc
- Dates of offence and conviction (if relevant);
- Offence/Incident – What happened i.e. account of the events leading up to and including the offence, and reasons for the behaviour;
- Full details and comments of any sentence or penalty imposed (the consequence). This includes but is not limited to: details of fines, police or home detention, community service, probation, or imprisonment;
- Was the sentence/fine etc fulfilled (if relevant). This should include details of how and when the consequence was fulfilled, such as a fine being paid in full, community service, probation being completed, serving a full jail sentence, or partial sentence if released early for good behaviour;
- Other relevant information such as circumstances, misunderstandings (without excusing yourself), or evidence of rehabilitation, was it related to another offence. Was it related to gang culture/codes/rules.
Depending on the country, the personal statement is often requested in the form of a sworn and witnessed statement (e.g. Commonwealth Statutory Declaration), to be signed by the applicant, and witnessed. We will put the completed statement in the correct format.
Also, don’t hold back on information as we know how to frame it correctly in the final versions, and to be honest we have seen and heard it all so nothing shocks us and we will not be sharing the information other than to be used for the application. –If you do not want specific people in your team/group seeing the draft statements and information let us know so we can ensure that doesn’t occur.
EXTRA STATEMENTS
In addition to the personal statement it can be helpful to have others provide support as well – this may entail further statements from friends or family who can give an overview of the situation.
- CHARACTER REFERENCES
Below is a suggested guideline and format of what to include in a letter of support:
- First section (the referee to provide) -Introduce themselves, their position/office, and outline their relationship with the applicant and how long they have known them;
- Second section (can be a few paragraphs) - Positively describe the character of the person, providing examples to evidence their good character / rehabilitation /charity;
- Last section - closing statement, and thank the reader for their time and consideration. They should also provide contact details if further contact is required;
- Sign off – make sure it is signed and their full name is provided, have it also put in a formal statement format. If done by a letter, the letters should be on letterhead, signed and addressed as follows:
Re: [insert applicants name]
c/- - McCormicks Law
292 Water Street
Spring Hill
Australia 4000
If we are instructed to draft separate submissions, we will need to refer to provided reference and make additional supporting comments on it.
- LETTERS FROM BUSINESSES