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Greg Mc

Page 12 of Visa 820 Application

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Hi All,

I have been reading all the posts and the level of information on this Forum is incredible. What an amazing resource.

My partner and I have been living together as a de-facto couple for 13 months and dating just on 2 years (a period of 9 months separation in the first year).

 

I have 2 questions to ask.

 

Page 12 of the 820 Visa application states:

" Does the applicant have any parents, siblings or children including those that are deceased? "

When I was filling out the form for the first parent, the final question is "immigration status" 

In my case, it is only myself immigrating to stay with my partner in Australia (we are both in Aus at present), so do you need to complete this if no one else is migrating with me or do you have to complete the details again (the same as question 11) and put immigration status as other?

 

2nd question:

My sponsor has a significant criminal history, and will not pass the Character test. These convictions were over 16 years ago (2 x 3 months total in prison of a 12 month and 14 day sentence) and we have written a substantial letter to explain what happened and what has occurred since the matters were completed in hopes of mitigating the concern and letting the Case Officer use their substantial judgement on the issue. No charges or crimes since that date. When we lodge the 820, how long will it take for the Case officer to acknowledge the Character Test failure, and will we have any rights to appeal if the Partner Visa is declined?

 

Thanks in advance

 

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Welcome to the Australian Visa Forum,

You need to declare ALL immediate family members (parents, children, siblings etc - including those that are deceased) whether they are migrating or not. The immigration status will be other. 

As your sponsor has a significant criminal record the Department must refuse the partner visa application unless they assess that it is reasonable not to. When making this assessment, the Department will consider ALL the circumstances of the application. This could include, but is not limited to:

  • the length of time since the sponsor completed the sentence(s) for the relevant offence(s)
  • the best interest of any children of the sponsor or primary visa applicant
  • the length of the relationship between the sponsor and primary visa applicant.

Based on the limited information I am sure that you have focused on the fact that the offences occurred over 16 years ago. The sponsors unblemished conduct since then. Also, did they occur early in the sponsors adult life etc? What positive steps has the sponsor done since then etc? 

Do you have any respected members of the community that could provide character references on behalf of the sponsor? If so, you might want to consider including those. If you do, any statement (I would provide as a Statutory Declaration) must also include reference to awareness of the sponsor's criminal antecedents. 

Did the sentencing judge/magistrate make any positive comments on sentencing, such as unlikely to re-offend, good prospects of rehabilitation etc? If so, you should mention this.

Whether the sponsor satisfies the character test will then form part of the overall assessment of your application. If the application is refused you do have Tribunal review rights. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Thanks for the fantastic reply.

From my knowledge, the only people that know about this are the Parents, ex-partner (they did live together for another 8 years after the offences), and the most recent partner of 8 years and myself of course.

There are no children involved in our application as they are all grown, and as previously stated, no offences since then. There was 4 years spent working for an Aboriginal Drug and Rehab centre organising funding grants, but most of the time since then has been just doing normal day to day work, family life and being a normal citizen.

All records that my partner has have been destroyed. The previous partner is still a good friend and my partner was the step parent to 3 of the 4 children in that relationship and is still considered the step parent by them. WE don;t know of anyone that could give that kind of stat dec that isn't a relative or friend.

I have the feeling that our future life together will be jeapordised by something in the very distant past. 

How long will it take for the rejection to come through, is it automatic as soon as the declaration is made (and we will be giving all the details of the offences up front).

Thank you

 

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Don't just assume that because your partner has a significant criminal record that this will ultimately end in your partner visa being refused. IMHO the significant time that has passed since the sponsor was convicted and having no further convictions since is something that will definitely be taken into consideration. As AFV has said "whether the sponsor satisfies the character test will then form part of the overall assessment of your application. If the application is refused you do have Tribunal review rights". 

 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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What was the nature of the convictions?


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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27 minutes ago, Greg Mc said:

Thank you for the advice. 

They were of a sexual nature but no violence. 

 

We need to know the actual offence, not a general area of offence.

Without knowing this, it's impossible to answer your questions.

 

 

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