# Has anyone heard of an approved visa with a criminal record?



## caityjaned (Nov 24, 2010)

My partner and I are applying for an offshore partner visa from within the US. I'm the Australian citizen, we've been together 1.5years and we're expecting our first child in July 2011. We're aware that we are pushing time to get our visa approved (everything is ready to go except my parents stat decs) in time to have the baby in Australia but we're still going to try.

My question is this...my partner fails the character test because ten years ago he was convicted to 16months for possession with intent to distribute. He served 8months and was released from parole two years early. He was so unlucky with this...his name was on the rental car used and that was it!!, and he has never been in trouble before or after. He has led a humanitarian involved life and has been working as a limousine driver for a five diamond hotel driving royalty and some of the wealthiest people in the world. He has obviously completely changed his life since then....is there any chance of us being approved??

Has anyone ever heard of this? I refuse to give up hope that he'll never be allowed in australia and that he may not be there for the birth of our first child (my USA visa runs up in June 2011). 

Any advice, good news or bad news would be greatly appreciated!!


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## Wanderer (Jun 16, 2007)

A few people have enquired at various times but never any feedback on how they fared and many have been fortunate in not having a sentence exceeding 12 months etc.
Looking at Fact Sheet 79 - The Character Requirement I would not have a strong hope that all will be well.


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## aussiegirl (Dec 15, 2009)

Hi there,

I would just like to add that you should consult a migration agent if you go ahead with an application. This is not something that you can handle yourself, and an agent is in the best position to advise as to what, if any, options you may have and how to frame the application.

I'm not suggesting they will help you, but they can tell you if he has a case and if they are able to help.


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## Wanderer (Jun 16, 2007)

If you do want to consult an agent, make sure you get a Mara registered one in Australia and even then, not just any agent for even with agents there are various standards re knowledge and experience.

To avoid wasting money on someone offering a false hope you could first make an enquiry something along the lines of:
. partner has a criminal conviction - give details etc.
. you are aware that it exceeds the level set by Immi
. you are also aware that for some situations there can be descretionary action

You would like some initial indication of any experience the agent has in regard to handling such cases and any success rates, again details of conviction levels for it may be that some agents have acted for people with criminal convictions of less than 12 months.
You should also request their advice on fees for any initial consultation and any further research you may consider it is worthwhile they do.

With the information given on the Immi site re situations under which discretion may apply and that regulations are legislated I would question closely any agent immediately full of hope for the application.
Most agents of any value may come back with an indication of they being engaged at least for an initial consultation with a fee and further fees for any more indepth research but whilst they cannot give you a concrete guarantee they will likely have a recommendation that you use them for processing the application.

It could become a costly unsuccessful exercise.


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## jaxzon5 (Nov 10, 2011)

*Criminal record and partner visa*

Hi there,

Was wondering how you fared getting your offshore partner visa? I'm also going to be attempting an offshore partner visa for my American partner who has over 3 years combined sentencing for traffic offences.

I've been denied a visa to the US because they suspected me of being an intended immigrant (I was just going over to spend time with him until the Australian offshore partner visa processed). Now we are on opposite sides of the world and will need to meet up somewhere, marry, and wait for the application to process. The last thing we need is to be denied because of traffic offences.

So yeah, would be great to hear how you're going.


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## georgecombey (Mar 17, 2011)

caityjaned said:


> Has anyone ever heard of this?


Hi there,

That's impossible. But, anything can happen. Even computers make mistakes.


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## kmarees1986 (Apr 23, 2012)

Anyone here have any luck with their lenghty convictions?


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## rhodered (Nov 18, 2012)

my visa was just approved, and i had a lenthy JUVENILE record,with one misdemeaner on the adult. i served 5 months in juvi, and since then i havent had contact with the law in 13 years,went to college,got a degree in science,and have totally changed my life around. i was young,dumb,and hung out with the wrong crowd. people make mistakes in life,and when we are young,under influences to "fit in" etc.... DIAC approved my visa, and i was MORE than honest,and explained to them i was young dumb and stupid. just be honest,youll be fine.


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## kmarees1986 (Apr 23, 2012)

Thanks Rhodered. Did you get the S501 notice of intention to refuse?


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## rhodered (Nov 18, 2012)

letter to refuse???? i just said my visa was accepted


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## kmarees1986 (Apr 23, 2012)

Ok if you dont know what it is you didnt get one. Thanks for sharing.


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## kmarees1986 (Apr 23, 2012)

Ah I see your first post says lenghty juvenile time but I didnt register the 5 months time served which is why you didnt recieve the S501.

I'd be interested to hear from people who have recieved S501 during the course of their application.


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## rhodered (Nov 18, 2012)

DIAC knows my entire juvenile record, and they know i spent 5 months in a juvenile detention center. i believe as long as you can show youve been out of trouble for a decade or longer,and the charges werent drug/gun/or child molestation charges you should be fine.


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## kmarees1986 (Apr 23, 2012)

Not strictly true, if you have substantial criminal record such as a sentence of 12months or more or a combined sentence of over 2 years for multiple convictions you get the intention to refuse and need to provide additional evidence of rehabilitation.

I do believe you're correct in saying that a clean 10 years fares favourably.


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## rhodered (Nov 18, 2012)

from your avatar,you look like a nice couple...with enough evidence of your love for one another and him being out of trouble for a substantial amout of time i am sure youll be fine.


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## kmarees1986 (Apr 23, 2012)

Thanks for your uplifting words, I sure hope so


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## kmarees1986 (Apr 23, 2012)

*UPDATE*

We recently applied for a subclass 600 tourist visa even though we knew in advance my husband does not meet the character requirements becuase of his substantial criminal record. With this we submitted the police certificate and statements, as well as character statements from friends and family. I submitted a letter from my doctor confirming my pregnancy and due date and after an agonising wait - we today have been notified by VACCU (Visa Applicant Character Consideration Unit) that on this occassion they are not going to excercise their discretion in refusing the visa based on these grounds. It has been referred back to a CO in London for further processing, who we have had some close contact with.

Miracles do happen and although we haven't received a formal approval from the CO, I would be very surprised if it is rejected at this point as the CO we have been in contact with has been very helpful and I just get that vibe she was rooting for us. I could be wrong and coming back to tell you a tale of woe soon, but I feel as though I am very very lucky to be recieving this good news and it looks like my husband may make it for the birth of our baby - if she can wait a bit longer as I am full term on Monday


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## missmontie (Feb 24, 2013)

kmarees1986 said:


> UPDATE
> 
> We recently applied for a subclass 600 tourist visa even though we knew in advance my husband does not meet the character requirements becuase of his substantial criminal record. With this we submitted the police certificate and statements, as well as character statements from friends and family. I submitted a letter from my doctor confirming my pregnancy and due date and after an agonising wait - we today have been notified by VACCU (Visa Applicant Character Consideration Unit) that on this occassion they are not going to excercise their discretion in refusing the visa based on these grounds. It has been referred back to a CO in London for further processing, who we have had some close contact with.
> 
> Miracles do happen and although we haven't received a formal approval from the CO, I would be very surprised if it is rejected at this point as the CO we have been in contact with has been very helpful and I just get that vibe she was rooting for us. I could be wrong and coming back to tell you a tale of woe soon, but I feel as though I am very very lucky to be recieving this good news and it looks like my husband may make it for the birth of our baby - if she can wait a bit longer as I am full term on Monday


That's fantastic news kmarees1986! 

Sent from my iPhone using Australia Forum app


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## kmarees1986 (Apr 23, 2012)

We got the TV! 3 Months, and no 8503 as yet - but perhaps they might impose it at the airport?? Anyway my husband is coming to Australia and thats enough for me


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## CollegeGirl (Nov 10, 2012)

YES! YES YES YES YES YES YES!!! Oh my gosh, I have goosebumps I'm so excited and happy for you! HOLD ON in there a little longer, little one!!!


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## aussiemama (Aug 25, 2013)

kmarees1986 said:


> *UPDATE*
> 
> We recently applied for a subclass 600 tourist visa even though we knew in advance my husband does not meet the character requirements becuase of his substantial criminal record. With this we submitted the police certificate and statements, as well as character statements from friends and family. I submitted a letter from my doctor confirming my pregnancy and due date and after an agonising wait - we today have been notified by VACCU (Visa Applicant Character Consideration Unit) that on this occassion they are not going to excercise their discretion in refusing the visa based on these grounds. It has been referred back to a CO in London for further processing, who we have had some close contact with.
> 
> Miracles do happen and although we haven't received a formal approval from the CO, I would be very surprised if it is rejected at this point as the CO we have been in contact with has been very helpful and I just get that vibe she was rooting for us. I could be wrong and coming back to tell you a tale of woe soon, but I feel as though I am very very lucky to be recieving this good news and it looks like my husband may make it for the birth of our baby - if she can wait a bit longer as I am full term on Monday


congratulations thats awesome news! really happy it worked out for you cause im in exact boat....how many months were you? were you both out of oz? or were you waiting in australia for hes visa? how long did process take?


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