# ETA Visa with a DUI conviction



## KevinS

I was wondering, I was wanting to apply for a ETA but on reading up on it it states:

"If you have had any criminal convictions in any country, you *should* apply for a Visitor visa (subclass 600), rather than an ETA. If you arrive on an ETA with criminal convictions, you could be refused entry to Australia."

It doesn't say I can not apply for it, just that I should apply for the new subclass 600 when it becomes available later in this month (March 2013).

I am wondering will 2 DUI convictions get me turned around at the border when I arrive? Does anyone have any experience with this? I was convicted to only 60 days in jail on the 2nd one, not the 12 months or more that it mentions. I am wanting to apply for the ETA because it is obviously a lot less hassle and I have been told that Australia doesn't look at DUIs as a serious offense and both of them are listed as misdemeanors on my record. I have searched on the internet and a lot of people say they don't have any issues with the ETA allowing them in with DUIs, but is that just a few lucky ones that for whatever reason were allowed in or is it better to just do the new Subclass 600 when it becomes available later this month?


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## pilantra42

I came in with a DUI on an ETA in OCT 2012. Just be honest about it when you go thru customs, they'll have you fill out a form and then let you thru. I had another guy have to do the same thing at the same time in immigration so I think Oz is used to seeing this. And it's rather an issue here too, so I certainly wouldn't worry abou your ETA. ONly caveat is I applied for my ETA before I got my DUI, but shouldn't matter.


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## KevinS

pilantra42 said:


> I came in with a DUI on an ETA in OCT 2012. Just be honest about it when you go thru customs, they'll have you fill out a form and then let you thru. I had another guy have to do the same thing at the same time in immigration so I think Oz is used to seeing this. And it's rather an issue here too, so I certainly wouldn't worry abou your ETA. ONly caveat is I applied for my ETA before I got my DUI, but shouldn't matter.


Thanks, I will give it a go, I have read on other sites that people don't seem to have an issue since it is a misdemeanor. I was just leery about it because of their post about it being advised to get a regular Visa, thanks again.


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## Ninjato

Hi, I just wanted to see if anyone else had anymore experience with this. I'm actually going to New Zealand this Saturday and then Australia a week later but didn't know that I needed a Visa to visit Australia. I applied for an ETA Visa today and got it. The website said I could apply for it, if my criminal offense was less the 12 months jail time. I didn't have to serve any time but the maximum jail time I could have gotten was 6 months.


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## tfarrell29

*results please*



KevinS said:


> I was wondering, I was wanting to apply for a ETA but on reading up on it it states:
> 
> "If you have had any criminal convictions in any country, you *should* apply for a Visitor visa (subclass 600), rather than an ETA. If you arrive on an ETA with criminal convictions, you could be refused entry to Australia."
> 
> It doesn't say I can not apply for it, just that I should apply for the new subclass 600 when it becomes available later in this month (March 2013).
> 
> I am wondering will 2 DUI convictions get me turned around at the border when I arrive? Does anyone have any experience with this? I was convicted to only 60 days in jail on the 2nd one, not the 12 months or more that it mentions. I am wanting to apply for the ETA because it is obviously a lot less hassle and I have been told that Australia doesn't look at DUIs as a serious offense and both of them are listed as misdemeanors on my record. I have searched on the internet and a lot of people say they don't have any issues with the ETA allowing them in with DUIs, but is that just a few lucky ones that for whatever reason were allowed in or is it better to just do the new Subclass 600 when it becomes available later this month?


What was the result? Did you fill the ETA and go to Australia and make it through? details would be great!


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## Ninjato

I just did a normal ETA and filled it out. They give a form when entering the country that asks if you've been convicted of a crime so I checked it. When they see that you checked that on the form, they have another guy take you off to the side and ask you some questions. They asked me what it was, when it happened, and how much it cost for the ticket. He wrote it down and copied it and put in some file I'm guessing. So if I ever go back they'll probably ask the same question is my guess. Not really sure if they would have actually known if I never told them truthfully.


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## Jets

If it's a DUAI and a first offense in some States it is considered a traffic infraction and not a criminal charge.


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## tfarrell29

Ninjato - so you had a DUI conviction. Then applied for an ETA and got it approved?

on the ETA form it says

"Criminal Record
Have you ever had a criminal conviction?" Did you check yes or no?

Assuming you said no on the ETA...did they give you a hard time at immigration when you said no on the ETA but said yes on the card?


my story is i got a DUI 2 years ago - first and only criminal offense and received no jail time. just fines.


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