Aprince

I need to get prints done for a check overseas and i keep reading some ppl have to do it several times because they cant read the ink. Can we request digital prints in nsw somehow?

fair enough. just out of curiosity, how do they access military crimes in uk, is it by time sentenced? i mean in the usa we have misdemeanors and felonys, or is a crime just a crime regardless there?

i see. but i would think awol is different than fighting. its not a violent offense.

4. HOW DO I SHOW THAT MY VISA SHOULD NOT BE CANCELLED? If it is determined that you do not pass the character test then you will need to persuade the Minister that your visa should not be cancelled despite this. In deciding whether to cancel the visa the Minister will take into account primary and other considerations, as discussed below. These should be addressed in your response to the Notice of Intention to Cancel (see Attachment B for a template response). 4.1 PRIMARY CONSIDERATIONS The Minister will consider: o Protection of the Australian community from serious criminal or other harmful conduct o Whether you were a minor when you began living in Australia o The length of time you had been in Australia before engaging in criminal activity, and o Relevant international obligations including the best interests of any children involved and Australia’s obligations not to return refugees to a place where their lives or freedoms could be threatened (called “non-refoulement”). You will need to provide an explanation of each of these, as discussed below, as well as supporting documents and evidence where available, as set out in Attachment A. [h=6]4.1.1 Protection of the Community[/h] The first consideration that you need to argue in your favour is that your offence/s is/are not serious enough for the Australian Government to cancel your visa in order to protect the Australian community, and members of the community. However, if you have been convicted of violent or sexual offences you should not try to minimise the seriousness of your offence. Instead, it is better to focus on rehabilitation. (a) Seriousness and nature of the offence(s) You will need to show that the offence that you are currently in prison for is not so serious as to warrant your visa being cancelled and that the nature of your offence is not one as to be “abhorrent” to the Australian community (eg it was not an offence involving violence or against vulnerable persons such as children, elderly or disabled persons). In assessing the seriousness of the offences the Minister will take into account: o the number and nature of the offences o the period between the offences, and o the time elapsed since the most recent offence. You should provide: o relevant information or evidence about you and the offences that support your claims that the offence is not so serious as to warrant cancellation of your visa (eg judicial comments on your case, professional psychological reports, pre-sentence reports for the courts, parole assessments, victim impact statements) o an explanation of, and evidence proving, any mitigating factors for the offences (eg drug or alcohol dependence that is being addressed; age of the offender; personal factors), and o if the offence was committed overseas, an explanation of whether it would be classified as an offence in Australia (eg if you were imprisoned as a result of religious, political or ethnic persecution), whether a lighter sentence would be imposed in Australia and any evidence of a pardon. If you do not pass the character test because of an acquittal resulting from unsoundness of mind or insanity, you would need to provide evidence of recovery (eg mental health assessment/report by a qualified professional), difficulties in obtaining medication and/or treatment in your home country if you were deported from Australia and the consequences if you fail to take your medication where your recovery is dependent on medication. [TABLE=class: MsoNormalTable] [TR] [TD=width: 638] The following are examples of offences and conduct that are considered serious by the Minister: (a) murder, manslaughter, or any other form of unlawful killing; (b) all offences perpetrated against a child (particularly sexually-based offences); © rape and any other sexually-based offences; (d) grievous bodily harm, reckless injury, assault and aggravated assault (including abduction); (e) robbery; (f) the production, possession, importation or trafficking of trafficable or commercial quantities of illicit drugs – this is not intended to cover offences related to the personal use of drugs; (g) terrorist activity; (h) people smuggling, trafficking and/or harbouring or concealing; (i) ancillary offences in respect of offences and conduct that are considered serious, including: (i) convictions for attempting to commit an offence; (ii) convictions for conspiracy to commit an offence; and (iii) convictions for being an accessory before or after the fact in respect of an offence. (j) organised criminal activity resulting in a conviction in Australia or elsewhere; (k) arson; (l) blackmail and/or extortion; and (m) serious theft. [/TD] [/TR] [/TABLE] (b) The risk that the conduct may be repeated You should try to show that there is no likelihood that you will re-offend again once you are released from prison. If you were given a suspended sentence, you will still need to show that there is no likelihood that you will re-offend again. You should try to obtain written references from prison counsellors who can say how you have been “rehabilitated” and that you are a “model” prisoner. The Minister will take into account the following factors: o whether you have a recent history of convictions – this means there is an increased risk of re-offending o evidence of the extent of rehabilitation already achieved and the prospect of further rehabilitation – see Attachment A for suggestions about supporting evidence to prove this, and o any evidence that you have breached judicial orders (eg parole, bail, bonds, suspended sentences and any other relevant undertakings or conditions imposed by the courts). The more relevant information you can provide, the stronger your case will be. In addition to the information and evidence referred to above, you might want to provide details about: your criminal history including: details of the current offence - why it was committed and any mitigating circumstances whether with hindsight you would offend again details of co-offender(s) any report of previous offences - how do you regard your criminal history? whether you co-operated with authorities at the time of arrest what your reaction was to the conviction and sentence, and whether there are any other charges to be dealt with whether proceeds from money related crimes were used to support lifestyle (eg to acquire assets, finance, travel) any benefits that have been derived from imprisonment (specify precisely), and any medical/psychiatric treatment received overseas or in Australia. [h=6]4.1.2 Whether you were a minor when you began living in Australia[/h] If you were a minor when you began living in Australia the Minister will take this into account. You should provide evidence of your ties to Australia during the time you were a minor such as evidence of enrolment in school or tertiary education in Australia, childhood activities (eg sports clubs, recreational activities such as scouts, music) and friends in Australia. [h=6]4.1.3 Length of time you have been ordinarily resident[/h] The Minister will consider how long you were resident in Australia before you became engaged in criminal or other negative activities. Generally, a period of more than 10 years of residence in Australia prior to engaging in criminal activity would be an important consideration for the Minister. To show residence in Australia you should provide evidence that you had a permanent visa and were living in Australia (eg tax records, employment, property ownership). [h=6]4.1.4 International obligations[/h] In deciding whether to cancel your visa the Minister will take into account Australia’s international obligations. In particular consideration is given to those obligations discussed below. The bests interests of the child (if applicable) If relevant, you can argue as a primary consideration that cancelling your visa will not be in the best interests of your child/children (if applicable). This only applies in relation to children who are under 18 years of age but will be considered in relation to each child and therefore their interests should be addressed separately. This argument is certainly a strong argument and requires you to provide evidence that your child/children (or any other relevant Australian children eg grandchildren, foster children, adopted children, your partner’s children) will be greatly affected if your visa was cancelled. It would be useful to obtain statements from your child/children and partner evidencing how strong the child’s/children’s relationship is to you. Please note that once your visa is cancelled on character grounds and you are removed under s 501 Migration Act, you will never be allowed to re-enter Australia again. The following information would assist to show that in the best interests of the child, your visa should not be cancelled: details of you marital status (including date and place of marriage/divorce/separation) names, dates and place of birth and address of: spouse/de facto spouse/partner fiancée(e) children [*]the immigration status of the child (eg Australian citizen or permanent resident) [*]the nature of the relationship between the child and you [*]whether there are any other persons who play a parental role with the child [*]whether your prior conduct has had a positive or negative effect on the child [*]details of children's schooling [*]details of what rights and obligations you have in relation to the child, including any court orders [*]the duration of the relationship including the number and length of any separations and reason/s for the separation; the hypothetical prospect for developing a better/stronger relationship in future (whether or not there has been significant recent contact) would normally be given relatively less weight than the proven history of the relationship based on past conduct; [*]the age of the child; [*]the likely effect that any separation from you would have on the child; [*]the time (if any) that the child has spent in Australia [*]details of children's involvement in community activities [*]details of participation in activities relating to own children [*]degree of contact with spouse and children prior to sentence [*]degree of contact with spouse and children during sentence (e.g.: visits, letters) [*]the circumstances of the probable receiving country, including the educational facilities and the standard of the health support system of the country to which the child may have to go, or return to, should you not be permitted to enter or remain in Australia [*]any language barriers for the child in the probable country of future residence, but taking into account the relative ease with which younger children acquire new languages [*]any cultural barriers for the child in the probable country of future residence, but taking into account the relative ease with which younger children adapt to new circumstances [*]if divorced or separated, what are custody arrangements for the child psychological reports about the likely impact on your child a statement from your partner about his or her intention about your relationship, and statements from your family setting out: · their status in Australia · their relationship to you · details of what they know of your relationship to the child, and · what they believe the likely impact would be on the child if you had to leave Australia. Convention and the Protocol relating to the status of refugees If you have any issues of protection under the Refugees Convention then you should raise these. Under the Refugees Convention a refugee is a person who: [TABLE=class: MsoNormalTable] [TR] [TD=width: 491] ‘owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his or her habitual residence, is unable, or, owing to such fear, is unwilling to return to it. (Article 1A(2) of the Refugees Convention)’ [/TD] [/TR] [/TABLE] If you have any protection claims you should include: a detailed statement of why you fall within the definition of a refugee as set out above any supporting evidence of your claims, and any country reports that support your claims. Non-refoulement obligations Australia must not return a person to their country of origin if: they would face a real risk of violation of his or her rights under Article 6 (right to life), Article 7 (freedom from torture and cruel, inhuman or degrading treatment or punishment) or face the death penalty (no matter whether it is lawfully imposed) (International Covenant on Civil and Political Rights – ICCPR) there are substantial grounds for believing that they would be in danger of being subjected to torture (Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – CAT). Torture is defined in the CAT as: [TABLE=class: MsoNormalTable] [TR] [TD=width: 491] ‘any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions’. [/TD] [/TR] [/TABLE] Therefore if you think that you may or will be subject to any of these you should provide a detailed explanation and appropriate supporting evidence (if possible) of your claims. 4.2 OTHER CONSIDERATIONS (NON-PRIMARY CONSIDERATIONS) The Minister will also consider other issues, although not as primary considerations. You should submit anything that you think is relevant to whether your visa should be cancelled or not. In particular you may want to include details of: your addresses in Australia (in chronological order, do not leave gaps – include address/type of accommodation/how you found it/period of residence) your ties in Australia, including: a genuine marital (including de jure or de facto) relationship with an Australian citizen, permanent resident or eligible New Zealand citizen – including the nature and duration of the relationship; the degree to which the partner is financially, physically or psychologically dependent on you; (if applicable) the impact of separation resulting from your removal from Australia; and whether, at the time of entering into or establishing the relationship, the partner knew that you were of character concern any previous long standing relationships - names of partner(s), length of relationships details of your family composition (names and addresses), including parents, siblings, partners and children degree of contact with family members prior to sentence. degree of contact with family members during sentence (e.g.; visits, letters) any other relatives in Australia (names, relationship and addresses) details of any particular friends or relatives with whom there is a close relationship the nature and extent of any relationships, and the extent of disruption to your family, business and other ties to the Australian community [*]your age: for example, if you are elderly and would be unable to access services such as aged care and income support in the country to which you would be returned; where you are living with, or under the care and control of, a parental or care figure, the negative impact that cancellation may have on you [*]your health – if you have a health condition information should be obtained from an appropriately qualified professional that outlines: the nature and extent of the health condition and the extent to which it affects you; whether you require any form of care or assistance; whether the condition is degenerative or if you will recover; and whether you would have appropriate access to necessary medication or medical treatment if you were removed from Australia, noting the impact including the hardship you would face if this was not available to you [*]any disability that may impair, or has impaired, your ability to advocate on your own behalf [*]any links to the country to which you would be removed - for example, that you have no significant familial ties or support in that country or limited knowledge of that country’s language [*]any hardship likely to be experienced by you or your immediate family members lawfully resident in Australia including whether family members can travel overseas to visit you, the nature of the relationship; and whether immediate family members are in some way dependent on you for support which cannot be obtained elsewhere; [*]your ability, together with any accompanying family members, to acquire new language skills and your capacity to obtain support; [*]your level of education (eg your inability, due to a lack of education, to advocate on your behalf or on behalf of any relevant persons who may be adversely affected by a visa cancellation decision) and any efforts made by you to improve your education (including details of your educational qualifications both in Australia and overseas) [*]any qualifications, skills and experience from Australia or overseas (including details of courses) [*]your employment status and history – provide a chronology of your employment history without gaps (provide name of employer, position, period of employment, reason for leaving) if there are periods of unemployment give reasons and the steps taken to find employment [*]any Centrelink benefits paid including the period they were received [*]any assets, savings or investments in Australia and overseas [*]your plans after release (including accommodation and employment and details of persons able to assist in resettlement), and your hobbies or interests (any community involvement) attempts to acquire knowledge of English language or Australian citizenship relevant information about your former country of residence, including how long you lived there for and any difficulties you had there, and whether you have been formally advised in the past by an officer of the Department of Immigration and Citizenship about conduct that brought you within the deportation or character provisions of the Act. 5. IF MY VISA IS CANCELLED CAN I APPEAL THE DECISION? 5.1 ADMINISTRATIVE APPEALS TRIBUNAL (AAT) If an authorised officer of the Department of Immigration makes a decision to cancel your visa, then you can apply for review of that cancellation decision at the AAT. The AAT will review the merits of the decision already made by the Department. All the circumstances surrounding your case will be looked at to see whether the original cancellation decision was the correct decision. Therefore at the AAT you need to argue the same points and collect the same evidence as set out in Parts 3 and 4 above. You have only 9 daysafter the day of notification of cancellation to apply for review to the AAT. This time limit is strict although there is a right to apply to have an application for review heard out of time if the applicant can show that the cancellation notice from DIAC was defective. Also, if you have proof that you did not receive the cancellation notice at the relevant time, then you should apply for review anyway arguing the reason why it is lodged out of time. The AAT will decide if it has jurisdiction to hear the application. Please note that if the 9th day after notification is a Saturday, Sunday or Public Holiday, you can lodge an application on the next working day. See Attachment C for further information about the AAT. 5.2 FEDERAL COURT If the Minister of Immigration personally cancels your visa (and this will be stated on any letter that informs you that your visa has been cancelled) then you have no right of review to the AAT. In this instance you will only have limited rights to appeal to the Federal Court of Australia. You have only 35 days after you are actually notified of the decision to lodge your appeal to the Federal Court of Australia. If you did have a right to go to the AAT and your case failed, then you may be able to appeal to the Federal Court but must do so within 35 days of being notified of the AAT refusal. There are limited grounds to appeal to the federal court and cases should not be appealed to that court where there are no legal grounds to do so (example: jurisdictional error or procedural unfairness). 6. WHAT HAPPENS IF MY APPEAL FAILS? Cancellation of a visa under ss501, 501A or 501B of the Migration Act has the following effects: Ø once you leave Australia you will be permanently excluded from Australia (this does not apply to cancellation decisions made while you are outside Australia) Ø any undecided visa applications made by you are taken to have been refused Ø any other visas held by you are taken to have been cancelled Ø you will be liable for your deportation costs, including: the costs of moving prior to removal or deportation from Australia; the daily maintenance costs of your detention; and fares and other costs associated with transporting you from Australia Ø if your spouse and/or children are also removed or deported you will be liable for their removal or deportation costs Ø if you have an airline ticket, this may be used towards your removal or deportation with or without your consent, and Ø any valuables belonging to you may potentially be used to pay for your departure.

also take this into account - scroll to the bottom. remember, you can appeal....... righttttt people???? Visa Cancellation under s501 of the Migration Act 3.3 PAST AND PRESENT CRIMINAL OR GENERAL CONDUCT The Minister may decide that you are not of good character on account of your past and present criminal conduct. In considering this the Minister will look at: the nature, severity and frequency of the offences – you should provide an explanation and evidence of the severity of the offences (eg what sentence you received compared with the maximum available) how long it has been since the offence was committed your record since the offence – the Minister will be concerned if there is evidence of recidivism, ongoing criminal associations, patterns of similar offences, or blatant disregard or contempt of the law any circumstances surrounding your offence that could explain your conduct, and that is evident from judge’s comments, parole reports or similar offences – you should provide an explanation of these eg, drug or alcohol problems that you have since addressed, personal circumstances (eg temporary mental illness, family problems, dynamics of a relationship that you are no longer in) and/or your age when the offence was committed any good acts since the offence that indicate that you may have reformed – for example, treatment for drug/alcohol dependency, community services, new relationships, counselling/treatment programs, new employment/training, and if you have been charged with an offence in another country besides Australia, your conduct that is the subject of those charges will be considered, to see if it impacts on your character – you should provide an explanation of the offence, its seriousness and any extenuating circumstances. The Minister may also decide you are not of good character on account of your past and present general conduct. Generally this will not form the basis for a cancellation of a visa. However, in considering this the Minister will look at: whether you have been involved in activities that indicate contempt or disregard for the law or human rights, which could include: terrorist activity, trafficking or possession of drugs, political extremism, extortion, fraud, a history of serious breaches of immigration law, or war crimes or crimes against humanity whether you have been removed or deported from Australia in the past, or from another country, and whether you have been dishonourably discharged, or discharged early from another country’s armed forces as a result of a disciplinary action because you did something, that in Australia would be regarded as serious. (what is serious??)

Military offenses/charges are not criminal charges.... maybe???!!!!!??? http://www.defence.gov.au/mjs/mjs.htm Offences by ADF members are prosecuted under the DFDA, within the military justice system, when the offence substantially affects the maintenance and ability to enforce Service discipline in the ADF. Otherwise, criminal offences or other illegal conduct are referred to civil authorities, such as the police. interpretation of the law my friend. The military justice system is a generic term which covers functions such as discipline in the Australian Defence Force, administrative action to support ADF policy, inquiries to establish facts relevant to operation and command of the ADF, and the provisions for review and management of complaints. but like i said, interpretation of the law my friend. im not a lawyer and i dont know much about immigration.

We didnt register our relationship until we got married in nov 2013, would this be a problem? Yes, Im on the lease from sep 2012, my school records from jan 2013 - dec 2014 indicates this address as my primary address, as well as my bank acct and my student visa. would that be enough info? If thats the case, is there a special form i would need to fill out? Thanks

Hello, Here another question from me. im starting an 820, so im sure ill be asking many questions i cant find answers to. Ive noticed two different but similar forms, one is form 1221 and the other is form 80. Form 1221 actually seems like a condensed form 80. So, could I just fill form 1221 out and turn it in hoping they wont ask for form 80. Im just wondering, since form 80 has some questions i might not be able to answer. For example, my parent got divorced when i was 7 and i went to go live with my father who got stationed (USA Army intelligence) in S. Korea in 1987, in preparations for the 88 Seoul Olympics. I think we were only there for one, maybe two months before having to move back to the states - my grandmother became terminally ill. Both my Father and Mother are deceased and certain info regarding my early childhood like the scenario above is hard to come by. Since Im from a low risk country (USA), do you think by turning in form 1221 from the get go may be a good strategy to possibly by-pass form 80. Ive seen in some cases neither form was asked for. However, from what ive researched online, form 80 is usually required. Kind Regards

im not sure myself, but you can just pay by credit card on the form from what i gather.

Hello, My wife and I are finally in a financial situation to apply for a partner visa, just in a the nick of time too - my student visa expires next month. However, what im wondering is if the following is enough evidence, since this is basically all the info we have. Perhaps, you all have ideas for more types of information we arent thinking of. 2 stat declarations (her uncle and a family friend) emails from as early as 2011 pictures from 2010-2015 (2010 was both of us in the usa and the rest here in aus) airline tickets of her coming to visit me in the usa in 2010 Ive been on two leases in Australia as an occupant. one for 6 months from dec 2011 - may 2012 (tourist visa) and the other from sep 2012 - current (student visa). we dont have joint bank accts, but we transfer money. i guess we could get a joint acct if needed. birth certificate of our child (he was born in aus june 2013) married in australia (nov 2013) birth, death and marriage registration (nov 2013) while the following are not joint accts, i have permission to access them: foxtel telstra - home phone/internet utilities optus 2062 text messages on my phone from 2013 - days while i was at school?? we both have wills thanks in advance

Im on a student 572 visa. Im not sure if we are complicated or not, we both were previously divorced. I dont have my Military records - ive ordered them - idk if i need to submit them with the application or if i can wait awhile. they may take months to get. edit I got a bad conduct discharge. i went awol. well i got drunk and missed a flight to korea etc etc and got the boot. im not sure if this will be a character concern. i have no criminal convictions We are now married to each other and have a 1 1/2 yr old child that was born here. This is what we have already Marriage certificate Original Birth Certificates National ID Cards Passports Certified divorce documents (both of us have these) We are registered as a defacto with birth, death, and marriage We are both on our current home lease for the past two years (we share another 6 month lease from 3 yrs ago) We are both on utility bills student health insurance we have photos of us both in American and in Australia.. of our wedding, childs birth, vacation etc. 2 statutory declarations from family and friend. (we can get more) we dont have a joint bank acct. but we can show money being moved back and forth between the two for the last two years. (we are going to get one soon) What i dont have yet: Military records my dd 214s - ive ordered them - idk if i need to submit them with the application or if i can wait awhile. they may take months to get Police check medical and fbi clerance

Im trying to figure out some fees associated with my visa and wondered if anyone could help me. The actual partner visa is around 4500 AUD onshore and I was wondering what other fees there are and how much they will be? Do i just have to do a medical and an Australian police check? I from the USA. I have a migrant agent that use to work for the department of immigration that I used two years ago to get a student visa while i was on a tourist visa. She charged 300 dollars for the consultation and got me approved for two years; at a school i could afford (at an unadvertised underground promo price... basically 1/2 off) in a matter of days. They basically guaranteed their service. She mentioned her fees for a partner visa would be around 3000 AUD, which covered both the temporary and permanent stages of that visa. Im wondering if her service is needed? We are already strapped for cash. We barely raised enough. If we were to do it on our own, what other costs do i need to look at? Is it even worth the headache? Do you think her expertise would be warranted that3k.. she basically can guarantee your approval and knows the system.. well according to her and her company. Thanks in advance

thanks.. i actually just found out what you just said after googling for an hour and was going to reply if anyone else wondered.. i didnt see that i could work full time during that period.. that is good to know thanks again.

Well ive been on a student visa for nearly two years and i graduate in dec. However, my student visa expires in mar 2015 and im unclear on what im allowed to do. Im married to an Australian and we will be applying for the partner visa in DEC/JAN and apparently after my student visa expires in mar 2015 ill be transition to a bridging visa until my application is reviewed and processed. What im unclear of is the time between lodging the partner visa and mar 2015. Do i have to enroll in another course to keep my student visa in good standings? Thanks in advance

yeah applying for the carer is a waste of time. i care physically but like you said its nearly impossible.. it can take 10 years to get it approved. centrelink cant do anything, they admit im her carer but cant do anything for us either since im not a pr. and quoll no i cant go back to the US for various reasons. one my wife needs help. secondly, my son needs help since my wife needs help. Plus, i cant afford a plane ticket back and if i could i cant afford to set up back in USA now.. Im all in with my wife and child. if i manged to go back to the states, i will be homeless. By the time i make it off the streets and save to get back it may be years. if my wife were more able, i would probably do so. like i said in the other thread, ill just try and contact an iaaas provider and see what they can do