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Charged but not convicted

edited April 2014 in - Australia
Hi I am in the closing stages of partner visa, I was a naughty boy and have a few convictions from about 10 years ago of which DIAC are aware. They did let me in but said that any further criminal activity would result in my visa being revoked. I am about to fly to Oz to activate the 2nd stage and finally get my residency. Trouble is, I got into a fight a few months back, irrelevant here but he started it and came off worse and I got charged with assault. I did then and still today refuse to acknowledge this and will defend myself vigorously in court and will be found not guilty ( hopefully) thats a few months off and was always planning to fly over in May. I know i still have to declare my previous convictions and will as usual get pulled in customs and asked if I have committed any offences since my last conviction of which I should say no but I have not a clue where I stand as I have been charged by post! Do i have to declare open charges? surely as I am not guilty till convicted if at all. Don`t want to declare it if I don`t have to, and if i dont what are the implications if it does come to light when asked about previous criminal activity.

I hope this makes sense to somebody! ANyone have any thoughts or know the answer please thanks :)


  • You must disclose EVERYTHING including pending matters as Border Control can find out and if you do not mention this new matter it will go worse for you.
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