# partner part 2 visa with a drink driving offence



## yama (Apr 12, 2011)

hi everyone

can someone please help me with facts of applying partners part 2 visa or pr with a drink driving offence.i noted that im required to complete form 80 and this form wants me to state all criminal convictions including driving offences.

my case is that i lost my license due to exceeding the prescribed alcohol when driving.i lost my licence for one year and i got it back after going to court .now on the form 80 i have to disclose this offence.

does anyone know if this will stop me from getting my partner part 2 visa.has anyone got his visa in this same situation.please help this issue is making me have sleepless nights.

yama


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## aussiegirl (Dec 15, 2009)

Hi there,

Take a look at the info from DIAC about character:

Fact Sheet 79 - The Character Requirement

In short, I don't think it will affect your PR app if it was a one time offence and you didn't serve any jail time over 12 months.


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## yama (Apr 12, 2011)

thank you so much aussiegirl for your information.i hope it will not be a serious offence too.
if there is anyone out there who has gone the same situation please feel free to let me know your experience.

yama


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## varun.sahrawat (Apr 26, 2011)

*Hi*

I have a similar case. I was convicted in traffic offence for drunk driving and my license got suspended for 3 years which got over and I too got my licence back. I had applied for temporary residency 485. The rules are the same for PR and TR. Since I got it, I am assuming that they will not count my offence very serious. I have to apply for PR in July. Please do let me if you come accross any new information during the process of your application.
Good Luck


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## yama (Apr 12, 2011)

*No worries*

Your case is similar to mine thank you for the post.yea I will let u know if I come across any new changes and please can you do the same.with the recent migration act changes we need to lookout for the changes especially as these apply to the character test relating to asylum seekers.i dont know if the same changes are going to apply to everyone

Yama


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## varun.sahrawat (Apr 26, 2011)

Sure. I will definately share the info if i come accross any. Are you applying directly or through some agent?


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## yama (Apr 12, 2011)

*Hi*



varun.sahrawat said:


> Sure. I will definately share the info if i come accross any. Are you applying directly or through some agent?


Im applying directly.


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## yama (Apr 12, 2011)

Hi varun,aussiegirl and everyone else.

Today 17 May I just read an article in the newspaper the herald sun the writer acussed international students of getting cosy with australians to get partner visas and pr.international students are being acussed of faking love to gain pr.this article is so pathetic and the author isnt neither considerate nor respectful.i was a student as well before I applied for my spouse visa.mine is true love.when I met my wife we just fell in love and never thought we would apply for a spouse visa until I finished my course and was about to go back to my country with her.because she didnt want to leave her family here we both decided to settle here.now what suprises me is that aussies are naturally people who winch when it comes to immigration.there is just a natural winching going around in this country I think if people here dont want other nationalities to come here why cant they just close their borders so simple.for record sake aussie is not the only country where migrants go.look at usa all the people who cross fro mexico either legally or illegally.the number is far more than people who migrate to this country but you dont see stories of people winching in their newspapers.people here should learn to tolerate migrants.first it was refugees then they stopped giving students prs now they want to perpetuate a negative discussion about spouse visas.what a country???


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## ushra (Jun 12, 2011)

I just came across this forum and registered as a new member becuase I am seeking some advice as similiar to your cases. My husband has a 457 visa and involved in DUI, licence is suspended, waiting for court hearing. Just wonder if he was found guilty, got fined, and most likely 6 months suspensed Driving licence, could we still proceed our PR application? Please let me know how you guys could stay with your job after suspended your licence. We are so worried the boss might dismiss my husband. Could we be deported within 28 days if he lost his job. Appreciate any response.


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## Charbel Nehme (May 1, 2011)

ushra said:


> I just came across this forum and registered as a new member becuase I am seeking some advice as similiar to your cases. My husband has a 457 visa and involved in DUI, licence is suspended, waiting for court hearing. Just wonder if he was found guilty, got fined, and most likely 6 months suspensed Driving licence, could we still proceed our PR application? Please let me know how you guys could stay with your job after suspended your licence. We are so worried the boss might dismiss my husband. Could we be deported within 28 days if he lost his job. Appreciate any response.


With respect to your husbands PR application, a 6 month suspended licence for drink driving will not affect the outcome of the application UNLESS holding a valid drivers licence is a pre-requisite to the position his employer will nominate.

In the event your husbands employer decides to terminate his position you will not be 'deported'. You will be given either 28 days to either leave Australia or to make a valid application for a further visa whilst onshore.


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## ushra (Jun 12, 2011)

*Diu*

Thanks for the response.

There were 3 cars involved. We are so worry that once when he was found guilty, we could be broke for paying the damages since our insurance might not pay for us.


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## varun.sahrawat (Apr 26, 2011)

Hi Yama, Charbel,

Any news on your PR application. Did the drunk driving offence affect your application


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## yama (Apr 12, 2011)

varun.sahrawat said:


> Hi Yama, Charbel,
> 
> Any news on your PR application. Did the drunk driving offence affect your application


No news yet.how about you?


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## varun.sahrawat (Apr 26, 2011)

yama said:


> No news yet.how about you?


No Not yet. Still waiting


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## yama (Apr 12, 2011)

varun.sahrawat said:


> No Not yet. Still waiting


When did u submit your papers for 2nd part and where?


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## Amandy (Sep 16, 2009)

Hey Yama, 
I've been keeping track of your visa journey. I'm Australian and my hubby is awaiting 2nd stage visa - applied 3rd June 2011. 2 year date will be 17th January 2012. So there's time. Although our friend who applied on the same day, from the same country, for the same visa - already got his P.R. 
Regarding the criminal record, I am also concerned about my husband's record. A one-off offence regarding fraud that he served 12-month good behaviour bond for. He wasn't guilty, but legal aid told him to plea guilty to get the case over and done with. We didn't know any better and that's what happened. It's been affected many jobs etc so not sure if it will affect the visa process for P.R. 
I have heard nothing yet - yesterday was the 6 months mark. They say 6-8 months. No case officer yet. But I don't think they announce that they assigned a CO unless you call. I've haven't called. Don't want to disturb them. LOL As opposed to 1st stage processing when I emailed the high commission several times per week. 
Keep us updated yama.


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## yama (Apr 12, 2011)

Amandy said:


> Hey Yama,
> I've been keeping track of your visa journey. I'm Australian and my hubby is awaiting 2nd stage visa - applied 3rd June 2011. 2 year date will be 17th January 2012. So there's time. Although our friend who applied on the same day, from the same country, for the same visa - already got his P.R.
> Regarding the criminal record, I am also concerned about my husband's record. A one-off offence regarding fraud that he served 12-month good behaviour bond for. He wasn't guilty, but legal aid told him to plea guilty to get the case over and done with. We didn't know any better and that's what happened. It's been affected many jobs etc so not sure if it will affect the visa process for P.R.
> I have heard nothing yet - yesterday was the 6 months mark. They say 6-8 months. No case officer yet. But I don't think they announce that they assigned a CO unless you call. I've haven't called. Don't want to disturb them. LOL As opposed to 1st stage processing when I emailed the high commission several times per week.
> Keep us updated yama.


To get the facts straight so you applied for 2nd stage without waiting for the 2 years or what?when you say 2 years is 17 jan 2012 it confuses me cos usually immi dept send paperwork for 2nd stage when 2 years has passed.anyway some people have been luck and get their prs done promptly.

concerning convictions what I heard is that they affect pr if you serve a prison sentence.i will keep you updated as I am still waiting for mine and its only 3 months since I put on my 2nd stage paperwork.


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## Amandy (Sep 16, 2009)

yama said:


> To get the facts straight so you applied for 2nd stage without waiting for the 2 years or what?when you say 2 years is 17 jan 2012 it confuses me cos usually immi dept send paperwork for 2nd stage when 2 years has passed.anyway some people have been luck and get their prs done promptly.
> 
> concerning convictions what I heard is that they affect pr if you serve a prison sentence.i will keep you updated as I am still waiting for mine and its only 3 months since I put on my 2nd stage paperwork.


Received the Temporary Residency on 17 January 2010. Received the paperwork for the P.R in April 2011. Sent it through 3rd June 2011 to Brisbane processing. Got the card. Nothing after that. So it's been 6 months since we sent the 2nd stage stuff in.


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## yama (Apr 12, 2011)

Amandy said:


> Received the Temporary Residency on 17 January 2010. Received the paperwork for the P.R in April 2011. Sent it through 3rd June 2011 to Brisbane processing. Got the card. Nothing after that. So it's been 6 months since we sent the 2nd stage stuff in.


You have to ring brisbane office to find out whats going on.what people dont realize is that those guys at immi dept need a little push too.

Im not australian but my wife is.she always ring those guy and last week they told her I will be assigned a co in the next 2 weeks to come.so I strongly advise u to call them and tell them you want to findout whats going on.


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## Amandy (Sep 16, 2009)

yama said:


> You have to ring brisbane office to find out whats going on.what people dont realize is that those guys at immi dept need a little push too.
> 
> Im not australian but my wife is.she always ring those guy and last week they told her I will be assigned a co in the next 2 weeks to come.so I strongly advise u to call them and tell them you want to findout whats going on.


 I was so pushy with the 1st stage visa for my husband. I emailed everyday and worked across the road from the high commission in my husband's country. I pestered them all the time and complained to about 3 different departments and boards. And got the first stage T.R in 5 months and 3 weeks. Which is great. I am not so fussed about this because I am back in Australia, in the comfort of my country with my husband.  But I will see how it is going seeing as though the 6 months has passed. Although they say we shouldn't contact until 8 months has passed. 
But if they are saying you'll be assigned a CO in about 2 weeks - then we should already have one. . . Hmmm. 
It's probably coming in the mail tomorrow  BTW how does it come? Like a letter or a sticker for the passport ???? LOL


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## Amandy (Sep 16, 2009)

Amandy said:


> I was so pushy with the 1st stage visa for my husband. I emailed everyday and worked across the road from the high commission in my husband's country. I pestered them all the time and complained to about 3 different departments and boards. And got the first stage T.R in 5 months and 3 weeks. Which is great. I am not so fussed about this because I am back in Australia, in the comfort of my country with my husband.  But I will see how it is going seeing as though the 6 months has passed. Although they say we shouldn't contact until 8 months has passed.
> But if they are saying you'll be assigned a CO in about 2 weeks - then we should already have one. . . Hmmm.
> It's probably coming in the mail tomorrow  BTW how does it come? Like a letter or a sticker for the passport ???? LOL


**** I meant 6 months and 3 weeks that we got T.R. ****** How long did it take for your first stage. I think that may usually give you an idea about how things are going to go....


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## yama (Apr 12, 2011)

Amandy said:


> I was so pushy with the 1st stage visa for my husband. I emailed everyday and worked across the road from the high commission in my husband's country. I pestered them all the time and complained to about 3 different departments and boards. And got the first stage T.R in 5 months and 3 weeks. Which is great. I am not so fussed about this because I am back in Australia, in the comfort of my country with my husband.  But I will see how it is going seeing as though the 6 months has passed. Although they say we shouldn't contact until 8 months has passed.
> But if they are saying you'll be assigned a CO in about 2 weeks - then we should already have one. . . Hmmm.
> It's probably coming in the mail tomorrow  BTW how does it come? Like a letter or a sticker for the passport ???? LOL


They dont mind to be called and asked how far the process is going.they say you call anytime.if you go on the other thread I normally post updates you can see peoples pr timelines.some people get theirs quicker and others dont.for example a guy was telling he got his in 3 weeks.so I dont really know how it works to be honest.

When the pr is granted the department uses many way to let you know,letter in post,email or they call you.your co sometimes can call you.after this you take your passport to the department then they put the pr visa label in your passport.


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## Amandy (Sep 16, 2009)

yama said:


> They dont mind to be called and asked how far the process is going.they say you call anytime.if you go on the other thread I normally post updates you can see peoples pr timelines.some people get theirs quicker and others dont.for example a guy was telling he got his in 3 weeks.so I dont really know how it works to be honest.
> 
> When the pr is granted the department uses many way to let you know,letter in post,email or they call you.your co sometimes can call you.after this you take your passport to the department then they put the pr visa label in your passport.


I am on the phone now. Called the 131 881 - didn't know what to press, so I am on hold now - for 10 minutes. Hmmm do you know if they will give me the information - I am the wife/sponsor of the person applying for the visa. . . 
Omg this is going to cost me heaps I am on my mobile! haha. .


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## yama (Apr 12, 2011)

Amandy said:


> I am on the phone now. Called the 131 881 - didn't know what to press, so I am on hold now - for 10 minutes. Hmmm do you know if they will give me the information - I am the wife/sponsor of the person applying for the visa. . .
> Omg this is going to cost me heaps I am on my mobile! haha. .


Yes they will give you information if you are the sponsor.my wife sponsored me and talk to them when im not there.did you get through?


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## Amandy (Sep 16, 2009)

yama said:


> Yes they will give you information if you are the sponsor.my wife sponsored me and talk to them when im not there.did you get through?


Yeah I got through after 19 minutes. The woman said she can see on the system that we applied 3rd June 2011. And nothing else. No case officer, no progress etc. And nothing flagging that we need any further paperwork. 
I just emailed them too. This is just crap. 6 months and no CO. My husband's friend applied for the T.R offshore with us same day same hour! He also applied for this P.R in June, even July I think 2011. And already got his visa. Same 'high rsk' country! Same visa type. Same everything. How does that happen?

Anyways - it's just the waiting game all over again now.


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## yama (Apr 12, 2011)

Amandy said:


> Yeah I got through after 19 minutes. The woman said she can see on the system that we applied 3rd June 2011. And nothing else. No case officer, no progress etc. And nothing flagging that we need any further paperwork.
> I just emailed them too. This is just crap. 6 months and no CO. My husband's friend applied for the T.R offshore with us same day same hour! He also applied for this P.R in June, even July I think 2011. And already got his visa. Same 'high rsk' country! Same visa type. Same everything. How does that happen?
> 
> Anyways - it's just the waiting game all over again now.


Yea thats what I tried to tell you last night that the department has double standards anyway just hope for the best


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## whatnext (Aug 3, 2011)

It could be that you were missing a document or some information which means you go to the back of the line until its your time. Your friends documents may have been complete and they have all the information required and therefore processed quickly.


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## Amandy (Sep 16, 2009)

Was never missing anything, 1st stage or 2nd stage. I am very particular and pedantic when it comes to paperwork. I give all the required, plus more. The Immigration call centre people said nothing is missing. It's just hanging in limbo. Do you know whether that means if they haven't assigned a CO that means nothing has progressed yet, and they could require more information after that???


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## yama (Apr 12, 2011)

Amandy said:


> Was never missing anything, 1st stage or 2nd stage. I am very particular and pedantic when it comes to paperwork. I give all the required, plus more. The Immigration call centre people said nothing is missing. It's just hanging in limbo. Do you know whether that means if they haven't assigned a CO that means nothing has progressed yet, and they could require more information after that???


Most likely no case officer yet.usually when assigned 1 he or she may call u to let u know that your case is now progressing, and or no further information required.


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