Criminal Record (Australia) -> Hong Kong ID card

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  1. #1

    Join Date
    Jan 2006
    Posts
    11

    Criminal Record (Australia) -> Hong Kong ID card

    My wife is from HK

    I have a criminal record in Australia related to Steroid use 2 years ago.

    Just wondering will this effect my Permanent Resident application in 7 years?
    Does it effect my application for dependent visa?

    Do they do Australian Criminal Checks?

    Thanks


  2. #2

    Join Date
    Dec 2004
    Location
    Hong Kong
    Posts
    6,734

    You won't know till you try mate IMO most countries run a background check before issuing residency or citizenship....good luck. You could always call the immigration department from a payphone and find out.


  3. #3

    Join Date
    Apr 2003
    Posts
    12,383

    I assume you've checked the documentation on www.immd.gov.hk ... they might not even ask you the question, if you're already in HK on a visa.


  4. #4

    Join Date
    Jan 2008
    Posts
    1

    Re: criminal Record Australia

    Entry of Dependants

    Applicants under the Scheme may apply to bring their spouse and unmarried dependent children under the age of 18 to Hong Kong under prevailing dependant policy. Persons admitted or applying for admission under the Scheme will be a sponsor of his/her accompanying dependants to Hong Kong. Dependants of persons admitted under the Scheme will normally be granted permission to remain in Hong Kong in line with the sponsor.

    Applicants under the Scheme are advised to submit dependant visa/entry permit applications for all accompanying family members together with their entry applications. If an applicant is claiming points on the basis of the educational level of the accompanying married spouse and/or the number of accompanying unmarried dependent children under the age of 18 under the General Points Test, he/she must submit dependant visa/entry permit applications for the accompanying family members concerned together with his/her application under the Scheme.

    Applicants of dependant visa/entry permit must complete Application Form ID(C) 936 (Chinese version) or ID(E) 936 (English version).

    # Visa application form (ID(E)936), duly completed in BLOCK LETTERS and properly signed. The form is obtainable from the HKSAR Immigration Department free of charge. It can also be downloaded from the HKSAR Immigration Department's homepage: http://www.immd.gov.hk/ehtml/id(e)936.htm; and

    # A photocopy of the applicant's travel document, showing his/her personal particulars, nationality (if any), residential status in his/her country of residence (if he/she is not a national of the country), re-entry visa to the country of residence (if applicable), and date of issue and expiry of the travel document; and

    # Two identical photographs measuring not larger than 55 mm x 45 mm and not smaller than 50 mm x 40 mm, taken full face and without a hat; and

    # Evidence of the applicant's employment (if any), e.g. employment certificate, company leave letter, etc. and financial standing, e.g. bank statement, saving accounts passbooks, tax receipts, etc.; and

    # Evidence of the purpose of the proposed visit to the HKSAR, e.g. invitation letter, letter issued by a trade body to confirm the applicant's attendance at trade fairs and exhibitions, proof of relationship with the local sponsor/reference if a social visit is intended, etc.; and

    # Flight itinerary (if any); and

    # Application fees in Hong Kong currency HK$160, in the form of a cashier order or bank draft, should be sent with the application.

    It does not say anything about a criminal record check or background check. You can check what shows up on your own record. Private-sector background checks contain a lot more information that government criminal record checks. Background Check & Search includes: Current phone number, address, address history for 30 years, age, birthdates, household members, relatives, associates, property ownership, lawsuits, marriage, divorce, criminal records check, sex offenders, terrorist watch, bankruptcy, tax liens. However, if you need a criminal record check for a visa, it must come from a government source, like a police dept. or national criminal records dept.


  5. #5

    Join Date
    Jul 2005
    Location
    mid-Levels
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    873

    Normally criminal records are "deleted" after a few years unless its for major things like murder etc.

    I don't know Auz rules but, for example in the UK, after 3 years a record like yours would be wiped off.

    You should ask the Auz authorities or lawyer is the record is a blemish for life or it does get erased.


  6. #6

    Join Date
    Apr 2004
    Location
    hong kong
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    3,484
    Quote Originally Posted by Katanga:
    for example in the UK, after 3 years a record like yours would be wiped off.
    Really??
    The truth is but a GOOGLE away. I wish some people would check before they " advise ".

    How long should police keep criminal records? - UK News is an easy way to understand.
    Anyone from the UK here who has ever called for or been involved in vetting through CRB, would also confirm your record is for a lifetime.

    You are getting confused with the Rehabilitation of Offenders Act. By law any conviction cannot be held against you for NON VETTED JOBS, 3yrs from release.

    Aus is very similar.

  7. #7

    Join Date
    Nov 2006
    Location
    Tung Chung
    Posts
    58

    Post Data Protection Act

    Also, the Criminal record authority, is not allowed to give out information to third parties. so if the HK gov tried to request your records, or even inquire a record, the request will be rejected.
    This is why, Secure professions like security Guards, or working in an Airport, even Army require your Signature of approval to make such request, the immigration in Hong Kong does not have such a form for you to sign when you make a PR ID application.

    There is also additional complexity, there is other people with the same name, and I am sure with your criminal conviction, they didn't get your passport number, in HK, they only take your Thumb print for the ID card ownership verification, and don't give this out to any third party, in fact the immigration in HK is not very High Tech, using cheap PC and thumb scanner to load your print onto the Chip in the ID card. So there is no way to associate you to your Australian Record, unless you specifically associate your self. in which case, they will not verify, due to workload and cost's.
    So what you have will be considered irrelevant anyway, and by the time 7 years have passed, it will be considered spent.
    Enjoy Hong Kong, we are more free here than you would realise.:wave


  8. #8

    Join Date
    May 2006
    Location
    Pampanga, Philippines
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    29,771

    I don't think they check and if they do they don't ask about it. I have 7 previous being a radical in my youth and it was never mentioned.


  9. #9

    Join Date
    May 2008
    Location
    Mid-levels Central
    Posts
    78

    Has this issue been resolved? perhaps if you went back to Austraila and asked for a pardon. That should remove the crime from record. A friend of mine had done that for a drug trafficing conviction. Should work in your case.