Hello forum,
I am a US citizen and will likely be applying for a student visa (class 573, for medical school) and will be eligible for streamlined visa processing (although I will be applying from Colombia). My husband (who will be included in the application) is a Colombian citizen and while in the United States, he plead guilty to a drug crime and was sentenced to 12 months and 1 day in federal prison. This was more than 20 years ago. He paid his time and completed probation. He has had a clean record since. Because of this crime, he was ordered removed from the United States, but he left on voluntary departure and has complied with all of the terms set forth by immigration authorities.
I understand that to pass the "character test", the applicant cannot have been sentenced to 12 months or more (this is considered a substantial criminal record). My husband was sentenced to 12 months and 1 day....more than 20 years ago!
Also, I AM PREGNANT with our first child...going to Australia on a student visa without him would be devastating. I am trying to finish medical school in my husband's company and Australia seems like the right place for us, for many reasons, which I won't go into here.
My question is... I know that ministerial discretion may be applied if an applicant fails the character test... but how do I go about this???
I've read about sending a statement, etc... but I am unsure how to go about this. Is this sent with the original application online?
Does anybody have advice on how to prepare our application in such a way that will help us obtain discretion?
How would I prove (on my initial application) that my husband has rehabilitated and that he deserves a chance to be in Australia with his pregnant wife who is going to be doctor?
Any help or advice would be greatly appreciated!