# criminal records



## deeno88 (Apr 12, 2012)

can you obtain a visa if currently still serving a suspended sentence ? 

ends in October for ABH ... not as bad as it sounds and there are circumstances behind it 

but how do immigration look at it if it's ongoing 

any advise ? xx


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## Mayhem (Sep 10, 2010)

deeno88 said:


> can you obtain a visa if currently still serving a suspended sentence ?
> 
> ends in October for ABH ... not as bad as it sounds and there are circumstances behind it
> 
> ...


I'd suspect not well. 
There is a VERY long line of people waiting to come to Australia.
It's buyers market as far as getting people from overseas.
If your skills happen to fall on the skilled occupation list you might be in with a better chance.

Skilled Occupation Lists (Formerly Known as Form 1121i)


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## Mayhem (Sep 10, 2010)

deeno88 said:


> can you obtain a visa if currently still serving a suspended sentence ?
> 
> ends in October for ABH ... not as bad as it sounds and there are circumstances behind it
> 
> ...


Also see this:

Character Requirement - Applications & Forms


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## Guest (Apr 21, 2012)

You won't get a visa at all whilst still serving a scentence. It is questionable if you would get one after given if was a custodial and very recent, they'll also take into account previous offences & sentences. You may well fail the character test. 

I would run it past a registered migration agent because you wouldn't want to waste your money applying if you have no chance.


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## Guest (Apr 21, 2012)

How long was the actual sentence?


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## deeno88 (Apr 12, 2012)

it was a 2 year suspended sentence ... due to end in October 

he is going through a 457 application 

no jail time


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## Guest (Apr 21, 2012)

He probably doesn't stand a chance! It doesn't matter if that he didn't go into custody. Australian immigration states 12 month or more sentence, susended or served, is a bar. Has he used an agent? Has he done police checks? He should speak to one asap if not so they can try to make a case for him. 

You do know he is not allowed to leave the country whilst still subject to his sentence without permision of a probation officer or he'll be in breach of his sentence?


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## deeno88 (Apr 12, 2012)

he spoke to an agent but he doesn't think it would be a problem 

I DO

but there is no telling men is there 

he said that he just needs to make sure he doesn't get In trouble again nothing about leaving the country ...

I think this could be a huge issue for him


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## Guest (Apr 21, 2012)

Men hmmm, they do exactly what they want & are never wrong! 

But Australia, along with other western countries, will not assist people to break the law. That includes issuing visas to those serving criminal sentences which could allow them to flee their sentence!

Nor do they accept people as migrants who do not meet the character test who could be a risk to Australia with criminal behaviour. Whilst the sentence is still so recent and he's serving a sentence he could still be a risk regardless of the circumstances! Which is where a good migration agent comes in, don't know who you spoke to but doesn't sound like they knew much telling him it will be ok without explaining the risks or what needs to be done to give him a better chance. Its not about not getting into trouble for a few months whilst serving a sentence. Its about him showing he is rehabilitated after his sentence is over!


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## deeno88 (Apr 12, 2012)

yeah I've been reading up on It and how the hell do you say it was in the last, I've changed etc if it's in going ...

he was protecting his cousin from a violent partner and the judge didn't even want to sentence him a the guy had such a bad record himself including prison for trying to set fire to his ex wifes hose while she was there and gbh on his own 2 year old daughter ... lovely character 
he came to our home carrying on and my partner got into a scuffle unfortunately due to the other guy been a woman beater as a pose to a man beater my partner was tougher !! and this is where it got him 

I really don't think he stands a chance if I'm honest ... we will just have to see 

there are so many complications in out application due to my daughter also needing parental consent and unable to get it I think we are screwed really 

his daughter goes in a few weeks so god knows what will happen if we can't get in too


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## Guest (Apr 21, 2012)

You cant really can you  You guys could have done with saving up and paying for a really good registered migration agent to help you from the beginning because you hardly have the easiest of applications! 

Put it this way, I have convictions from when I was a minor. Now 15 years on, convictions spent in the UK, police check comes back saying "no live trace' meaning they've been stepped down in the UK and I still had to write a novel to DIAC. I had to explain the offences, how they came about, how things are different in my life now and why it would never happen again. Now I'm a social worker and I was a kid when it happened and I never got anything more than a fine yet DIAC spent months deciding on it. So I honestly dont think he stands a chance right now.

He might in the future, after it is spent in the UK which would be 10 years after the sentence ends! 

But even if he got lucky and got a 457 with his history he does realise that its temporary. It in no way means he would be able to stay in Australia indefinitely even if his child is there? The requirements for PR are much stricter so he may need to leave anyway! 

Life is never simple!


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## deeno88 (Apr 12, 2012)

his plan was ... get the sponsor for the 4 years

stay 2 years then apply for perm residency 

deff not straight forward 

I've spoken to a solicitor who advised that I would just need a signed declaration to say my ex can neither agree or contest due to his mental state and his power of attorney would need to sign also . looked into the residency order and even with that I couldn't take her out of the country for longer than 1 month 

I don't know what we are going to do really, he is currently dealing with his daughter leaving and when that happens in a couple of weeks he is going to focus on our application 

how much is it to apply ? can you find out if it's likely before applying ?


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## Guest (Apr 21, 2012)

The cost vary but run into thousands, from my last recollection it costs about £800 just lodge the case, then similar for each appearance, then there are fees for reports written by the Court, Social Workers and witnesses. The case could take a year and have between 5-10 appearances and you pay for each one! So a lot of money.

He does realise he cant apply for PR simply because he has lived in Australia for 2 years? He still has to qualify with skills, qualifications and experience. The requirements for health, character and dependants are stricter as well given it gives more entitlements and demands on the state. 

There is no way of knowing if you'd win for sure but look at the case you have. If it was contested and father wanted her to stay or live with him you would have a fight on your hands. As it is you probably wont have that so is already swinging more in your favour. 

You can have it written into the Residence Order that you have permission to remove her from the country. It just needs to be applied for at the same time as the Order. You would then have some form of Contact Order drawn up at the same time. Outlining what type of contact your daughter should have with her father and how often.


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## deeno88 (Apr 12, 2012)

my solicitor said it would just be a signed declaration stating he wasn't in a fit sate to sign or deny my actions due to his mental state and his power of attorney would very also 

they are calling me on Monday and I'm going to try to speak to his solicitor also to see what her thoughts are. his status will not change in the future and was pretty much left in a vegetative state after the accident . my daughter sees him once about every 4 months and. gets upset when she does , would never dismiss him as her dad but also tried to protect her for the last 5 years and not let it drag up down the worst thing I think I could of some was thrust it in her face and Remind her every day of it 

why would you need to go to court so many times ?


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## deeno88 (Apr 12, 2012)

my partner Is also on the skilled list thing too does that help with his visa ?


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## Guest (Apr 21, 2012)

Its just the way the Court works, slow and tedious! Each appearance the Judge requests something else from someone, you go away they do it, you go back and so on and so forth until it is over! 

See your solicitor is giving you advice as if you wanted to move your daughter within in the UK or zip off on a 2 week holiday and only had to deal with UK Law. You are dealing with Australian Immigration Law and Policy as well as international Law. Which although has some similarities with what the UK demands of you also has its own demands. 

Unless you solicitor also practices Australian Immigration Law he may be giving some wrong advice. Australian Immigration Law demands you provide much more than a signed letter saying he is incapable because anyone could say that and how would they know who was and was not telling the truth? Hence the need for official documents proving what you claim. 

So if you happened to have some freak accident tomorrow would you want your daughter to never come near you again in case it upsets her? Probably not and the reason she is upset is entirely normal behaviour and not always of someone who might be scared but also simply upset that things are not the way they want or thought they would be. And as time moves on that will change.


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## deeno88 (Apr 12, 2012)

not proposing she never see's him again just trying to do what I think is the best in a tragic situation for my daughter 

Australian immigration also said the signed dec would be fine

it wouldn't be a lie as his sister would have to sign an affidavit to confirm the truth


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## Guest (Apr 21, 2012)

If his sister has power of attorney then it might work as she is speaking as if him. Would she still have that documents giving her those rights? You may well need a certified copy of that to show she actually has the right to make those decisions. There are few ways you can get power of attorney so she should have a copy of the documents somewhere. 

Sorry for sounding overly critical I just think its usually best if kids have access to both of their parents even if one of them is incapacitated as your ex is. It may not be the best for her to see him at times but neither she or he has any say in it right now and will not be able to do anything about it in the future when she can have a say as you could be hundreds of thousands of miles away. Not like popping round the corner for a cuppa trying to fly half way around the world. Takes a lot of time & money.


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## deeno88 (Apr 12, 2012)

I totally understand your views I'm trying to move on with my life ... our move to 'try' oz is as it is a trial and I would advocate her sending pictures and letters to dad and asking family to take laptop for skype etc but it's very hard when he doesn't know who we are ... it's tough trying to have a relationship with him and heartbreaking trying to work out what to do for the best really xx

she should have all the documents I'm going I speak to their solicitor Monday hopefully ... but I'm not sure if she will let me speak to the sol's as there has always been an issue with money. he was awarded 4.2 million and I've just been told my daughter is not entitled to anything for her care or future so I wonder if this is true or not as they seem reluctant to let me speak to the solicitor 

and please don't miss understand I've never asked for a penny in 5 years and have brought my daughter up alone and provided for her with out question so it's not an issue on my part


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## Guest (Apr 21, 2012)

No, you are entitled to money from him to bring up your child but you probably won't get it out of what he was awarded! That would have been assessed by a court as what he needs to meet his needs due to his disablity and his daughters need might not have, but should have been included.

You really need to sort that first and you'll get legal aid to do that!


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## deeno88 (Apr 12, 2012)

she said it was awarded soley for his care and not his dependants ?? 

I just took this as true


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## Zultan (Aug 4, 2009)

deeno88 said:


> it was a 2 year suspended sentence ... due to end in October
> 
> he is going through a 457 application
> 
> no jail time


Two year suspended sentence is enough to immediately fail the character test. It would be foolish to waste money on a visa application without an agent on your side.


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## deeno88 (Apr 12, 2012)

oh dear ok thank you


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## deeno88 (Apr 12, 2012)

sent criminal record yesterday ... visa granted today . whole process took about 2 weeks !

bit of a shock but he got in no problems


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## Guest (Jul 24, 2012)

2 weeks? So you mean he applied for a temp visa?


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## deeno88 (Apr 12, 2012)

no sorry, time is passing me by, about 2 months in total for the 457 visa


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## Guest (Jul 25, 2012)

Oh OK. And what about you. Did you go on his application? 
If he is still thinking of going for PR later he really should consult a good migration agent now so they can prepare a really good case. The more time they have the better because the requirements for PR are much stricter.


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## deeno88 (Apr 12, 2012)

he wants me to go over at Xmas and see what we think . I have 2 weeks off, might look at a month over there maybe.

we Gonna start the partner visa application ASAP while he there setting up


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## Guest (Jul 25, 2012)

You can't apply for a partner visa. Only citizens and PR can sponsor spouses to move to australia. He is neither and can't sponsor you.


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