piojita63 Posted May 13, 2015 Share Posted May 13, 2015 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! Link to comment Share on other sites More sharing options...
Cliffy43 Posted May 13, 2015 Share Posted May 13, 2015 I suggest you contact a registered Immigration agent with your queries. Link to comment Share on other sites More sharing options...
Nemesis Posted May 13, 2015 Share Posted May 13, 2015 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! Get yourself a good registered MARA agent. Honestly, don't try and do it without one. Link to comment Share on other sites More sharing options...
piojita63 Posted May 13, 2015 Author Share Posted May 13, 2015 Would a MARA agent be better than an immigration lawyer? What is the difference? Link to comment Share on other sites More sharing options...
northernbird Posted May 13, 2015 Share Posted May 13, 2015 Will you be having baby before visa granted or after? Link to comment Share on other sites More sharing options...
piojita63 Posted May 13, 2015 Author Share Posted May 13, 2015 Thank you for your concern. I have considered these issues, but I'm not wanting to address them here. By the time the academic year begins in Australia, I would actually have completed maternity leave. My main concern is that my husband's visa be approved. If it is not, then we are not moving to Australia, obviously. I would have to decline the medical school's offer of admission. Does anyone recommend a MARA agent with experience in substantial criminal records??? Link to comment Share on other sites More sharing options...
northernbird Posted May 13, 2015 Share Posted May 13, 2015 Thank you for your concern. I have considered these issues, but I'm not wanting to address them here. By the time the academic year begins in Australia, I would actually have completed maternity leave.My main concern is that my husband's visa be approved. If it is not, then we are not moving to Australia, obviously. I would have to decline the medical school's offer of admission. Does anyone recommend a MARA agent with experience in substantial criminal records??? George Lombard would be my advice. http://www.austimmigration.com.au/site/ Link to comment Share on other sites More sharing options...
piojita63 Posted May 13, 2015 Author Share Posted May 13, 2015 Will you be having baby before visa granted or after? Depends on how fast the visa is issued. If it is relatively speedy (less than 1 month), then I may travel to Australia pregnant and give birth there. If the visa approval takes longer than 1 month or so, I will give birth in Colombia and travel to Australia as soon as we are able to. I am prepared for either case. In either case, I have time after the birth before the semester begins. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted May 13, 2015 Share Posted May 13, 2015 I would strongly recommend you consult a good migration agent. The he difference between a lawyer and a MARA registered agent is that the agent will be a specialist in the workings of immigration. There re are serious issues at the moment as Columbia will be regarded as a high risk country and the offence - although some time ago will be viewed seriously by immigration. Link to comment Share on other sites More sharing options...
Quinkla Posted May 13, 2015 Share Posted May 13, 2015 As others say, you should speak to a registered migration agent who deals with criminal records. You will probably find the application process through an agent will be expensive and slow. Broadly, without wanting to get into lazy stereotypes, Colombia has a reputation for drugs, organised crime and violence. Moreover, the current Government has indicated that drug offences will be considered as especially problematic. Being Colombian with a jail sentence for drugs offences is probably going to make this application difficult and you might ask yourself whether it is worth it for a temporary visa. Link to comment Share on other sites More sharing options...
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