Quinkla Posted February 5, 2016 Share Posted February 5, 2016 Que Sera, could you share what happened to your two friends who didn't declare their convictions on their passenger card? Were they still able to get a permanent visa to Aus? It's difficult to draw parallels between cases without way more information. These character decisions are subjective and will be based on a combination of factors that may include: number of convictions recency of convictions nature of convictions (domestic violence is especially problematic) non disclosure on landing cards non disclosure on visa application form evidence to support reform of character personal statement of circumstances Quote Link to comment Share on other sites More sharing options...
perthling Posted February 5, 2016 Share Posted February 5, 2016 (edited) It's difficult to draw parallels between cases without way more information. These character decisions are subjective and will be based on a combination of factors that may include: number of convictions recency of convictions nature of convictions (domestic violence is especially problematic) non disclosure on landing cards non disclosure on visa application form evidence to support reform of character personal statement of circumstances Hi Quinka, thanks for your insight. yeah we know it's an uphill battle but i love my husband dearly so we're going to give our best shot. if all else fails, then it's not the end of the world. My husband is more valuable to me than anything else (including a visa) so that puts things in proper perspective. Still hoping our MARA agent could help us get a positive outcome though. to give you guys an idea: number of convictions - more than 5 recency of convictions - last incident in UK was 2010, then after that one drink driving fine in Aus in March 2014 nature of convictions (domestic violence is especially problematic) - sadly most of the incidents involved fighting non disclosure on landing cards - unfortunately he didnt declare them when he arrived in Aus on October 2013 non disclosure on visa application form - we disclosed everything on our current application evidence to support reform of character - we already submitted work and character references for him personal statement of circumstances - we also submitted a detailed statement on all incidents, including how he has changed since that time Yeah I just wish somebody else will be saved from all these troubles if they are thinking of applying and have a similar case to my husband. At the very least get a well experienced MARA agent. All we were considering before was the condition that no jail time already means they pass the character test. my husband has never been jailed before only charged fines and sent to community service but that's it. all his problems were back when he was in his young 20s. Anyway, hopefully they see that he has matured from that time. Edited February 5, 2016 by perthling grammar error Quote Link to comment Share on other sites More sharing options...
Quinkla Posted February 5, 2016 Share Posted February 5, 2016 I didn't mean to pry (you may want to edit to hide the details) - but my point was simply that so much will depend on individual circumstances that you're not going to be able to read much into others' experiences on a forum. A migration agent with a specialisation in character issues might have a better idea of likely outcomes, but as per the advice you got from your own agent, it is something that could go either way. Best of luck, anyway. Quote Link to comment Share on other sites More sharing options...
perthling Posted February 5, 2016 Share Posted February 5, 2016 I didn't mean to pry (you may want to edit to hide the details) - but my point was simply that so much will depend on individual circumstances that you're not going to be able to read much into others' experiences on a forum. A migration agent with a specialisation in character issues might have a better idea of likely outcomes, but as per the advice you got from your own agent, it is something that could go either way. Best of luck, anyway. oh i actually didnt take any offense from your reply thank you for the well wishes Quote Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 5, 2016 Share Posted February 5, 2016 Just a note: in one of your posts you mentioned that your husband had minor offences. Avoid using that terminology in any correspondence with DIBP. This appears as though he's minimising the offending. I'm sure he's not, but it's about perception. Particularly pertinent in family violence cases which this was (hence the IDAP programme). Quote Link to comment Share on other sites More sharing options...
perthling Posted February 5, 2016 Share Posted February 5, 2016 Just a note: in one of your posts you mentioned that your husband had minor offences. Avoid using that terminology in any correspondence with DIBP. This appears as though he's minimising the offending. I'm sure he's not, but it's about perception. Particularly pertinent in family violence cases which this was (hence the IDAP programme). oh i never even though of that in that way. thanks for the advice Quote Link to comment Share on other sites More sharing options...
Azh Posted February 5, 2016 Share Posted February 5, 2016 I declared my conviction on form 80 and wrote a small paragraph next to it to say I was young(16) stupid I was bullied and I reacted in away that was not except able, i have never been in trouble before or since.. I never heard anything about it and I got my grant pretty quickly Quote Link to comment Share on other sites More sharing options...
CaptainC Posted February 6, 2016 Share Posted February 6, 2016 hello, just wanted to share our status with you. this morning we got a letter from VACCU (the external agency doing character checks on applicants) containing a letter of intent to refuse based under s501 of the migration act. basically says that they might refuse our application based on my husband's previous criminal record. they are giving us 28 days to respond. if we dont respond in 28 days, they will decide on our case based on the documents they have now which is my husband's passenger card back in 2013 when he first arrived in Aus, online visa application, form 80 for husband, Australian and UK police clearance, and a FORM 1023 where we detailed all his offences and provided a background on each offense and how my husband has repented and changed for the better since then. We're still not losing hope and we are planning to reply within 3 weeks time. As of now we have reference letters from his mum, former employees and a few from his Australian friends. I'll have to write him one and ask his brother who lives in Sydney to write him one as well. Hoping for grants for everyone else! Keep the faith XX I'm really sorry to hear that Perthling. Quote Link to comment Share on other sites More sharing options...
kenzin1988 Posted February 10, 2016 Share Posted February 10, 2016 Hello everyone, Good day to all of you. I was looking for anyone who have the same experience or knowledge regarding my conviction case and our chance on our visa application. It has something to do with my fraud case, falsification of documents. I submitted a fake educational diploma while working abroad but was caught and got convicted last June 2015. However, I was given a consideration and was ordered by the court to pay a fine and was able to avoid jail time. I was deported a month later back to our country. I submitted a form 80 and declared every detail of my conviction and repatriation. Our case officer required us to submit a letter from the court which stated my conviction case, the dates when it happened and the outcome of the case which I already submitted last December 2015. By the way, we lodged a visa last September 2015 and until now, we haven't received any results regarding our visa. I was hoping someone can give me some insights or any knowledge on what chance do I still have with our visa. Hoping for your response. It will be a big help and somehow relief that I was able to share my experience to all of you. Thank you, Kenzin1988 Quote Link to comment Share on other sites More sharing options...
CaptainC Posted February 23, 2016 Share Posted February 23, 2016 Hello everyone, Good day to all of you. I was looking for anyone who have the same experience or knowledge regarding my conviction case and our chance on our visa application. It has something to do with my fraud case, falsification of documents. I submitted a fake educational diploma while working abroad but was caught and got convicted last June 2015. However, I was given a consideration and was ordered by the court to pay a fine and was able to avoid jail time. I was deported a month later back to our country. I submitted a form 80 and declared every detail of my conviction and repatriation. Our case officer required us to submit a letter from the court which stated my conviction case, the dates when it happened and the outcome of the case which I already submitted last December 2015. By the way, we lodged a visa last September 2015 and until now, we haven't received any results regarding our visa. I was hoping someone can give me some insights or any knowledge on what chance do I still have with our visa. Hoping for your response. It will be a big help and somehow relief that I was able to share my experience to all of you. Thank you, Kenzin1988 Unfortunately, I can only offer a negative experience. Of the two cases I know of involving false documents, both were refused visas based on Public Interest Criterion 4020. You don't specify if you provided the bogus certificate to Australia, or if it was another country's immigration department. If it was Australia, then I think that you probably committed 'migration suicide' with your actions. If it was another country then you are unlikely to be granted a visa due to have committed a migration offence elsewhere (which isn't looked upon favourably by DIBP) but you may have a small chance. Either way, I strongly suggest that you employ a registered migration agent to take your case on, as I don't think it will be pretty, and you'll need the expert help. Quote Link to comment Share on other sites More sharing options...
lisab Posted March 4, 2016 Share Posted March 4, 2016 Can anyone advise .... I am applying for the 189 visa .... my partner has a criminal record from the 80s when he was in his early 20s, they mainly consist of theft and burglary. He also has a caution for possession of cannabis in 2006. He has served 3 months in prison for the theft (and assault) in 1987 ...... the police certificate states no live trace. Should we continue with the application (we haven't yet lodged the application) Quote Link to comment Share on other sites More sharing options...
CaptainC Posted March 4, 2016 Share Posted March 4, 2016 Can anyone advise .... I am applying for the 189 visa .... my partner has a criminal record from the 80s when he was in his early 20s, they mainly consist of theft and burglary. He also has a caution for possession of cannabis in 2006. He has served 3 months in prison for the theft (and assault) in 1987 ...... the police certificate states no live trace. Should we continue with the application (we haven't yet lodged the application) It will depend on how extensive the record is. They use the record to gain a picture of the conduct of an applicant and then have to assess whether they'd be likely to offend while in Australia. I would say that the length of time elapsed since the most recent conviction is long enough to prove rehabilitation, and even the caution is 10 years ago, so that would be considered. Given the amount charges on the record, I would definitely recommend consulting with a registered agent. All hope isn't lost, but it may be a difficult process and only an agent can give you the best advice and form a proper strategy. Quote Link to comment Share on other sites More sharing options...
lisab Posted March 4, 2016 Share Posted March 4, 2016 Thanks captainc. I haven't used an agent up until now .... do they offer advice on particular areas or do you need to use them throughout? .... any recommendations? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted March 4, 2016 Share Posted March 4, 2016 Thanks captainc. I haven't used an agent up until now .... do they offer advice on particular areas or do you need to use them throughout? .... any recommendations? I'm sure that a reputable agent would be able to quote to takeover your case from this point on. I can't personally recommend anyone because I have never used an agent. But, there are several registered agents that regularly post on the forum. @Alan Collett of 'Go Matilda' springs to mind straight away. Quote Link to comment Share on other sites More sharing options...
Liam13 Posted March 4, 2016 Share Posted March 4, 2016 Are cautions seen as a refusable offense ?.. or just convictions ? Quote Link to comment Share on other sites More sharing options...
Peach Posted March 4, 2016 Share Posted March 4, 2016 Are cautions seen as a refusable offense ?.. or just convictions ? Depends on whether it was a caution 10 years ago or a string of cautions from last year. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted March 4, 2016 Share Posted March 4, 2016 Depends on whether it was a caution 10 years ago or a string of cautions from last year. Took the words right out of my mouth. Determining a persons character isn't black and white. A person who committed a serious offence when they were a teenager and imprisoned for 9 months may get a visa without a hitch, and another who has a series of cautions and arrests in the last ten years may not. A lot of the decision is based on the presentation of the offences and also that they can't see a regular occurring pattern of behaviour. Quote Link to comment Share on other sites More sharing options...
Rachel King Posted May 23, 2016 Share Posted May 23, 2016 Did everyone get thier visa's?????? Intrigued to know Quote Link to comment Share on other sites More sharing options...
perthling Posted May 23, 2016 Share Posted May 23, 2016 Did everyone get thier visa's?????? Intrigued to know hi rachel, my husband and i are still waiting. here is our timeline: Aug 2015 - applied for 189 visa submitted PCCs and medicals Oct 2015 - CO asked for form 80 and 1221 for husband (husband is the one with convictions from the UK) Feb 2016 - received notification of intent to refuse base on character grounds from VACCU March 2016 - submitted our docs to support husband's good character ( he never did jail time for any of his convictions) May 2016 - i politely asked for an update on my husband's case by email and a kind officer replied and said my husband's docs are going to be passed on to the delegate of the minister so he/she can give a verdict. I will try to get in contact with VACCU again after two months..dont want to pester them as they've been open that these cases take a really long time good luck to you Quote Link to comment Share on other sites More sharing options...
lisab Posted May 23, 2016 Share Posted May 23, 2016 Did everyone get thier visa's?????? Intrigued to know Hi Rachel, our visas were granted 2 months are lodging (timeline in signature). Good luck :-) Quote Link to comment Share on other sites More sharing options...
perthling Posted May 25, 2016 Share Posted May 25, 2016 (edited) Hi Rachel, our visas were granted 2 months are lodging (timeline in signature). Good luck :-) hi lisab, congrat on your visa grant! did DIBP/ VACCU contact you for further information with regards to your husband's previous convictions or was your application pretty straight forward? and which migration agent did you use? thanks in advance! Edited May 25, 2016 by perthling misspelling Quote Link to comment Share on other sites More sharing options...
lisab Posted May 29, 2016 Share Posted May 29, 2016 hi lisab, congrat on your visa grant! did DIBP/ VACCU contact you for further information with regards to your husband's previous convictions or was your application pretty straight forward? and which migration agent did you use? thanks in advance! We didn't use an agent and we were not contacted for further information. Good luck x Quote Link to comment Share on other sites More sharing options...
barrystock Posted July 2, 2016 Author Share Posted July 2, 2016 still waiting... So this morning I finally received corospondance from the VACCU. I have received an email with the heading Issue of Notice of Intention to Consider Refusal under s501 of the Migration Act 1958 They have essentially given me another opportunity to provide them with a character test. Not looking good and after so much time it feels as if this will be declined. Although on the up side, don't they normally just refuse? Can someone help, this was the body of the email that I received today. On 03 November 2015 you applied for a Working Holiday (Temporary) (Class TZ) visa. The to notify you that consideration is to be given to whether this visa application should be refused under s501(1) of the Migration Act. Under s501(1) of the Migration Act a Minister for Immigration and Border Protection or a delegate of a minister (the decision-maker) may refuse to grant a visa if the visa applicant does not satisfy the decision-maker that he or she passes the character test. The definition of ‘character test’ is included in Attachment 1. This notice does not contain all of the information that may be important to you. After you read this notice in full you should then read Attachment 1 and Attachment 2 and each enclosure to help you understand the character refusal consideration process. The Department of Immigration and Border Protection holds information about your criminal history listed at the end of this notice, which suggests that you may not pass the character test by virtue of s501(6) (d) of the Migration Act. subparagraph 501(6)(d): in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would: (i) engage in criminal conduct in Australia. Quote Link to comment Share on other sites More sharing options...
andromeda9 Posted July 3, 2016 Share Posted July 3, 2016 Recon you will be ok Quote Link to comment Share on other sites More sharing options...
andromeda9 Posted July 3, 2016 Share Posted July 3, 2016 On just reading your letter received I'm not that sure. Quote Link to comment Share on other sites More sharing options...
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