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Husband with criminal convictions, do we have a chance to migrate?


tracyscotland

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Hi, I am married with 2 kids, 5 & 3 and hoping to get a 190 visa in the next year or so. I am a nurse in Scotland and am just starting the process of sorting paperwork etc for my skills assessment. My family will be coming on my visa.

 

I was reading various posts here and immi gov site and it has got me wondering.

 

1) Do we all have to pass medicals or just me/ the adults

 

2) Do both of us have criminal record checks or just the main applicant.

 

I had a IN10 (driving with no insurance) in 1996, does this count on my application?

 

My husband got an enhanced disclosure done a couple of years ago for driving busses and I discovered he has a list of juvie charges, theft, assault etc. He was in prison a couple of times...a couple of months each.

 

This was up till approx 18 years when he stopped being an arse, I met him when he was 21 and knew he had been an idiot but only recently knew the extent. We are both 36, so he has been a good boy for 18 years. I am now unsure what to do about my visa.

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Guest The Ropey HOFF

He should be ok it has been mentioned on PIO many times that the cut off point is normally 1 year in prison, but this next bit is vitally important ..... tell the truth, the whole truth and nothing but the truth when applying for your visa, or they will find you out.

 

Best if luck.

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Guest AKA63029

Hi Tracy.

 

'Normally' any time spent in prison for a 'continuous' period of 12 months will then impact on any application.

 

However time spent in prison if as you say a few months at a time then this should be no problem.

 

I'm not that genned up on some other stuff, but yes, you both need medicals done, and I doubt very much if driving without insurance would count.

 

To allay any fears I am fairly sure that only periods in custody 12 months or more will have a negative (possible) result in your application.

 

Cheers Tony.

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I think like the others say be honest and upfront. I think it depends on the type of index offence as well. Not sure about the medicals I had mine yesterday ( am going alone) but there was a nurse there with her husband children all having medicals but i didnt ask her which visa etc.. I just wanted to wish you good luck tho :D x

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Guest LeighandGordon

Hi Tracy go for it .It should be fine we have been in the same situation for 4 months and now leave for oz in 2 weeks so dont give up on your dream pal.pm me if you want to know anything tracy .We are near stirling

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I think it's the sentence rather than the actual time spent in prison that they take into account. So for example if he was sentenced to five months but only served two, it'd still count as 5 for DIAC purposes. The 12months cut off has been mentioned on here before, but I wouldn't take any chances and would talk to a registered migration agent.

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I couldn't find the Disclosure today ...finally found it mixed in with other documents... so I will phone tomorrow.

 

His record starts at 14 and ends a 20. Mostly fines and community service but at 16 given 2 years probation and detained for 3 months, (total sentence) at 17.

 

I will speak to OE tomorrow but I guess if we are ok to go ahead I should send the disclosure with my application and a statement from my husband???? Just to be totally upfront and honest.

 

I hope we have a chance because I am going to have to smack the back of his head if we can't go :-(

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I was thinking of including the Disclosure 1) because it is detailed and it contains all information they might request and 2) to be upfront and honest so they might say, "ok they are not hiding anything, we won't just refuse them outright". It wasn't intended and my criminal records check, just additional information. I read about the ACRO in another post and saved it to my favorites for future, I hope :-D

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Disclose all. You will need him to write a letter reflecting on his actions , how he changed , the remorse he few and why he will never fall back to old ways. My husband had to do this for his two charges as a minor, and more than 20 years ago. It will all be fine.

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I know there's no point in telling you to stop stressing, so instead I suggest you insist that your husband give you a back massage, do all the dishes, and generally be your adoring slave. Just in case - tell him it will build up some more good karma for him which will help with the visa application :)

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Guest guest36187

Talk to an agent and get a consultation and some advice. They will be up to speed on all the recent immigration changes too

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