# partner visa- criminal record??



## ozzy (Jun 8, 2013)

I am new to this site so I hope im in the right place 
my partner and I are wanting to apply for the defacto visa, (im the aus citizen). just a few questions : (applying offshore by the way)

1. we have been together and lived together for over 3 years and have no problem providing all the evidence, but he has a criminal record from over 6 years ago which we are abit worried about, even though its now classified as 'spent'. it was from when he was a teenager and stupid.

2. How long does the application take? I have read about 5 months but is this just an estimate? has anyone gotten it sooner?

3.What do they ask in the interview? does everyone even get interviewed or is that only if they feel the necessity?

This is what we have so far in regards to evidence:
-proof of address on letters and bills (dating from 2010 to present)
-tenancy agreement and letter from landlord
-bank statements with transfers
-boarding passes from holidays together
-wedding invitations addressed to us both (do I send original or photocopy?)
-stat decs from aus citizens and our own statements too.

Do I need to include anything else?

Thanks everyone


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## Pxer (May 11, 2013)

Hi 

1. I don't know what your question was here. I don't know much about applying with a criminal record except that you should be honest and hope for the best.

2. Currently, the entire process is generally 2 years from the time you apply. Some people get the temporary in days or weeks, others wait a year or more. It varies.

3. I suggest you read through the stickies on this forum. They are very helpful. There is one about interview questions. I don't think everyone gets interviewed. I've heard it's more common if you're applying offshore, but don't quote me.

Your evidence is looking good. If you haven't already done so, read the Partner Migration Booklet:
http://www.immi.gov.au/allforms/booklets/books1.htm

Good luck~


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## queliwantstogo (Apr 29, 2013)

ozzy said:


> I am new to this site so I hope im in the right place
> my partner and I are wanting to apply for the defacto visa, (im the aus citizen). just a few questions : (applying offshore by the way)
> 
> 1. we have been together and lived together for over 3 years and have no problem providing all the evidence, but he has a criminal record from over 6 years ago which we are abit worried about, even though its now classified as 'spent'. it was from when he was a teenager and stupid


Unfortunately, I don't have any information on this either, but I know there are users floating around in this forum with similar experiences. Hopefully, they'll address this post tomorrow, but if not, I will try to track them down and direct them toward you. You're not alone.


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## kmarees1986 (Apr 23, 2012)

Hi Ozzy,

My husband and I are in a similar situation, he has a few convictions most from over 10 years ago. If only love worked differently hey, we'd chose people without criminal records!

So you first want to establish if immigration is going to see the conviction as a "substantial criminal record" - the below is pasted directly from Fact Sheet 79 on the Immi Website:

[_B]Substantial criminal records[/B]

A person is deemed to have a substantial criminal record if they have been:

sentenced to either death or life imprisonment
sentenced to a term of imprisonment for 12 months or more
sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution._

If your partner falls into the above category, it can be very tricky and in some cases impossible to obtain a visa. If not, then it will be easier.

If he *does* have a substantial criminal record, you will certainly need help from a migration agent. We employed one who not only guided as as to what we need to provide, but he also submitted a professional statement about my husband. You will most likley get what is called a "S501 - Notice of Intention to Refuse" - this is particularly where paying a migration agent will come in handy as I understand you will have X amount of time (possibly 28 days, I can't seem to find the figure) to respond. What they will want to see is a) how has the application "rehabilitated" from their previous convictions and b) is this person a threat of breaking the law in Australia.

Tricky to prove, but not impossible. You are requried to submit a Police Certificate from ACRO which details all records on file regardless of when they were so there's no escaping it.

We haven't had this yet, but we are expecting it in a few months. The process lodging in the UK is currently 8-9 months, with complicated applications such as criminal elements taking even longer. We are looking at around 12 months from what I understand. Anything quicker than that is a miracle and a blessing!

Items that we provdided to help our case:

- A personal account of the convictions from my husband in the form of a stat dec including his regret, ways he has rehabilitated and plans for the future.
- Business records showing he is a law abiding tax paying citizen.
- 15nr (roughly) Stat Decs from people that have known him a long time and know about the convictions, their account of what they know and basically attesting to his good character. 
- A personal statement from myself stating my knowledge of the convictions and about the man I know today.

We didn't have much more to provide but if your partner for example does fundraising for a charity or anything really good then include whatever you can!

I would start by sending a "Subject Access Request" which costs £10 but you can scan it an email it around to a list of UK MARA registered agents to see what they say about wether they can help. We are using Richard Gregan of Overseas Emigration in Edinburgh, and you will be looking at paying somewhere around the £2000 mark for their services. I got a quote from a London based agent who by all accounts is meant to be the best at what he does, but his quote was £6000+VAT and there was no way we could afford that.

If he *does not* have a substantial criminal record, then you will still submit character evidence showing he is rehabilitated such as the documents I listed, however it is unlikley you will recieve the S501. A migration agent will still be valuable, but not as necessary.

I hope this helps, please private message me if you need more information. There isn't alot of people on here in this situation and I would like to keep in touch with anybody who is so we can share timeline and progress.


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## ozzy (Jun 8, 2013)

thanks  it was only minor stuff and he got off with fines. hopefully we will be om.


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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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## ozzy (Jun 8, 2013)

thanks rhodered u have put my mind at rest abit  did u have to prove anything else showing u have turned ur life around, references or anything etc?


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## rhodered (Nov 18, 2012)

no,i just sent a pic of me graduating and a photocopy of my degree and a cover letter expressing my feeling towards the dumb mistakes i made. just be honest,and as long as your not a diddler im sure youll be fine.


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## kmarees1986 (Apr 23, 2012)

If it was just fines dont worry, unlessitt was drink driving if so completion of the course they make you do might be valuable.


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## rhodered (Nov 18, 2012)

i got TONS of speeding tickets,those arent on background checks...now drunk driving IS, thats something that is CLEARLY an issue in australia.


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## ozzy (Jun 8, 2013)

and when he gets the police check...if its 'spent' ive read it will only come up as 'no live trace' does that make it look abit better (obviously we will still be telling them)


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## rhodered (Nov 18, 2012)

the best policy is the honest policy...just be honest,genuine,and youllbe fine.


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## kmarees1986 (Apr 23, 2012)

I might be wrong but I think the no trace means it wont come up in an on the spot check - interested to know if this is correct?


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## Whitney (Jan 4, 2013)

All of you with questions, I hope your problems are resolved. Please remember to come back and fill us in on how you fared with your visas so the information is available to the next person in this situation. We can only grow when people add their personal experiences to forum. Thanks!!


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## KMD (Jun 21, 2013)

American husband
Australian sponsor

I really don't want to post this as it sounds so much worse than it actually is, but so the next person can get a little insight so you're not stressing like I am right now lol
So FBI clearance,

2003-Aggravated robbery - Dismissed (So he would have only been a 20 year old, immature idiot in my opinion, but what happened was a girl he was F-buddies with got robbed at knife point, by his "friends" [quotes because I wouldn't call them friends but I'm more of a "please don't go 2 km over the speed limit" kind of person] Anyway, he was initially questioned about the incident, said he didn't know who the suspects were (he says he was scared of being hurt himself over it all if he turned them in) so he ended up being charged as an accessory a week later, he ended up telling the truth and it got dismissed. ---This is a huge deal to me, I'm pretty nervous about it, we've only just lodged his police checks so I'm going to call Monday morning and discuss with our CO if it's a problem and if there's anything more we can do to clarify the problem if there are any.

Then after that there's a few traffic things, driving on suspended, light law - all were dismissed.

He's been living here since 2010 with no fines or any record at all thankfully so hopefully given that anything questionable was a decade ago and he's been a tax-paying law abiding person for the last 3 years counts for something.

I hope this helps someone and don't judge me haha! 
Will update after phone call with CO!


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## kmarees1986 (Apr 23, 2012)

No judgments, my English husband has over 20 convictions one for burgalry (he went back to a party he'd left earlier in the night to get his beer and fell asleep in their house. Turns out, it was the wrong house and and elderly devout christian couple found him in their spare room!!)

The fact your partner has been in Australia for 3 years speaks volumes. Im having trouble even getting a tourist visa for my hubby to come here for the birth of our daughter. PM me if you can and i'll outline our experience so far x


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## KMD (Jun 21, 2013)

So a quick update: I called my husband's CO this morning regarding the FBI check, she was just looking over it as I called and said there seemed to be no problem as there was no jail time and it's dismissed. Weight off shoulders!! 

She told me we're looking at approval in July as they've already reached the quota for the financial year. Excited!!


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## CollegeGirl (Nov 10, 2012)

Hallelujah! That is the BEST news KMD!!!


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## kmarees1986 (Apr 23, 2012)

KMD said:


> So a quick update: I called my husband's CO this morning regarding the FBI check, she was just looking over it as I called and said there seemed to be no problem as there was no jail time and it's dismissed. Weight off shoulders!!
> 
> She told me we're looking at approval in July as they've already reached the quota for the financial year. Excited!!


Fantastic news for you and your partner. Enjoy your new life


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## queliwantstogo (Apr 29, 2013)

Yay! Best o luck KMD!! July is so soon!!!!!!!


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## KMD (Jun 21, 2013)

Thanks guys, I called my husband at work to tell him the good news, I believe he jumped around in his office with glee haha


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## KMD (Jun 21, 2013)

Recieved the 820 grant letter via email this morning!


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## CollegeGirl (Nov 10, 2012)

YAY! Congrats. You had a long wait.


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## KMD (Jun 21, 2013)

CollegeGirl said:


> YAY! Congrats. You had a long wait.


Thank you! And yes, such a long wait, but it was really our own fault for delays in our own paperwork, our case officer was wonderful though and I could not recommend her highly enough.


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## CollegeGirl (Nov 10, 2012)

What were the initials of your CO? Can't remember.


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## KMD (Jun 21, 2013)

CollegeGirl said:


> What were the initials of your CO? Can't remember.


ET

Tooooo short to send the message so I'm making it longer typing a random sentence about typing a random sentence


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## eraldo (Jul 9, 2013)

Hi im new in this forum,i want to ask somethings,i just apply for partner visa.my wife and my children are australian citizens,i got some criminal record fo attempted theft in 1991 an 12 month term n prisons.so from that time i change and not anymore problem with law,i tell them everythings,so wath you thing about ?


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## kmarees1986 (Apr 23, 2012)

eraldo said:


> Hi im new in this forum,i want to ask somethings,i just apply for partner visa.my wife and my children are australian citizens,i got some criminal record fo attempted theft in 1991 an 12 month term n prisons.so from that time i change and not anymore problem with law,i tell them everythings,so wath you thing about ?


Hi Eraldo, welcome to the forum!

When you apply for your partner visa, you will be required to obtain a police certificate which will have this information. The fact you have recieved the 12 month sentence means that DIAC will view your criminal record as "substantial". This means that you do not meet the character requirements and your application will be referred to the character assessment unit for further review before they can grant your visa. At this point they will review your application and decide wether they are going to consider refusal based on your record.

If they do decide they will consider a refusal, you will receive a S501 Notice of Intention to refuse at which point you will be able to send more evidence of your good character.

If they don't - it's plain sailing and your application will be returned to your CO so as long as your CO is satisfied with the other aspects of your application you will get the approval.

As your crime was such a long time ago, I believe you will be fine. With your application, it is a good idea to include a few character statements from your family and freinds talking about how you are of good character, a personal statement from yourself outlining the crime, circumstances in your life at the time and the steps you have taken over the past 22 years to stay on the straight and narrow. Its important that you not only include all the relevant documents to mee the visa requirements, but also focus on providing evidence of your good character.

It's probably advisable to engage a migration agent to assist you with your application to be on the safe side. I personally think you will not recieve the S501 as it was such a long time ago, but I am by no means an expert so you should explore all your options.


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## aussiemama (Aug 25, 2013)

*tourist visa*



kmarees1986 said:


> No judgments, my English husband has over 20 convictions one for burgalry (he went back to a party he'd left earlier in the night to get his beer and fell asleep in their house. Turns out, it was the wrong house and and elderly devout christian couple found him in their spare room!!)
> 
> The fact your partner has been in Australia for 3 years speaks volumes. Im having trouble even getting a tourist visa for my hubby to come here for the birth of our daughter. PM me if you can and i'll outline our experience so far x


hi, did you husband end up getting the tourist visa in time for birth? im in same position im pregnant and applying for tourist to get him to oz in time with me and baby to arrive. especially in my last trimester all this is so stressful.


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## CollegeGirl (Nov 10, 2012)

Check out this thread:

http://www.australiaforum.com/visas-immigration/22132-smile.html


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## aussiemama (Aug 25, 2013)

thank you college girl, miracle, i could totally imagine what she felt for her husband to be there at birth. i can feel then joy. im praying so much.


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