perthling Posted December 15, 2015 Share Posted December 15, 2015 I applied for a 189 PR visa last August 17 and still no update. I am worried that my husband's convictions are causing the delay. He had a few battery and damage to property charges from his teenage years to his early twenties in England. No prison time just fines and one community service but still it worries me. Specially because when I was filling up the visa online application I didn't know the full extend of his charges so I just but battery and damage to property. But when we received his UP PCC/ACRO we listed all his convictions in FORM 80 and submitted the UK PCC as well. AND another major concern is he told me when he applied for his 1st WHV to Australia two years ago, he didn't declare his convictions because the migration agent that was helping him advised him not to do so because they are not significant convictions. I don't know how much this thing he did two years ago will affect our visa application now. He wasn't completely honest then, but I hope being honest now will pay off. Hope you could share your experience/thoughts on this. Thank you Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 15, 2015 Share Posted December 15, 2015 I applied for a 189 PR visa last August 17 and still no update. I am worried that my husband's convictions are causing the delay. He had a few battery and damage to property charges from his teenage years to his early twenties in England. No prison time just fines and one community service but still it worries me. Specially because when I was filling up the visa online application I didn't know the full extend of his charges so I just but battery and damage to property. But when we received his UP PCC/ACRO we listed all his convictions in FORM 80 and submitted the UK PCC as well. AND another major concern is he told me when he applied for his 1st WHV to Australia two years ago, he didn't declare his convictions because the migration agent that was helping him advised him not to do so because they are not significant convictions. I don't know how much this thing he did two years ago will affect our visa application now. He wasn't completely honest then, but I hope being honest now will pay off. Hope you could share your experience/thoughts on this. Thank you The convictions themselves may not be an issue, however, the failure to previously declare might be. I would seek professional advice Link to comment Share on other sites More sharing options...
perthling Posted December 15, 2015 Author Share Posted December 15, 2015 The convictions themselves may not be an issue, however, the failure to previously declare might be. I would seek professional advice Hi Verystormy, Thank you for your reply. The problem is I don't know where to start. We uploaded my husband's UK PCC/ACRO a week after lodging visa application, a month and a half before CO contacted us. When CO finally contacted us on October 2 he/she asked Form 80 and 1221 for my husband. Now almost two months later, no reply from them or request for additional documents. I don't know if I should take this as a sign that they are okay with my husband's convictions or not. And if not, where do i start rectifying this? I am over here in the Philippines waiting for the grant while my husband remains in Australia working. I'm kind of hoping we are just waiting for the grant no documents needed. Also fear that submitting anything the CO didn't ask for will just further delay our wait.. Link to comment Share on other sites More sharing options...
CaptainC Posted December 15, 2015 Share Posted December 15, 2015 I'm kind of hoping we are just waiting for the grant no documents needed. Also fear that submitting anything the CO didn't ask for will just further delay our wait.. You're worrying about the wrong thing, it's not the wait time you should fear, it's the visa refusal that is almost certainly coming that you really should worry about. After what you have posted, it will be very difficult for the CO to grant you a visa and very easy for them to refuse it, and along with that you'll also lose your fee and potentially be banned from applying for another visa for several years. You need professional help from a registered agent IMMEDIATELY (not tomorrow.....right now). Find a registered agent at http://www.mara.gov.au don't google 'agents' because it was probably an unregistered agent that got you into this mess in the first place, find them at the approved government website. Also, as you're in the Phillipines then @wrussell may know of someone, or he may be willing to take your case. It's not only the failing to declare the convictions on the previous visa application, it's also failing to declare them on the incoming passenger card (if that is the case, which I assume it is) that is very serious indeed. Sorry to sound harsh, but you need to be bluntly informed of the severity of your situation to allow you to get the help you need as soon as possible. Link to comment Share on other sites More sharing options...
perthling Posted December 15, 2015 Author Share Posted December 15, 2015 should I withdraw the application ASAP? I emailed my CO a week ago and they still haven't replied. I don't know how to rectify this I was hoping that the CO can atleast tell me the situation and advice for me to withdraw first rather than bluntly just reject us because we've done all the right things for this visa application Link to comment Share on other sites More sharing options...
CaptainC Posted December 15, 2015 Share Posted December 15, 2015 should I withdraw the application ASAP? I emailed my CO a week ago and they still haven't replied. I don't know how to rectify this I was hoping that the CO can atleast tell me the situation and advice for me to withdraw first rather than bluntly just reject us because we've done all the right things for this visa application If you withdraw then you will forfeit your visa application charge. You keep saying that you don't know how to rectify this, but, myself and Verystormy have answered this already.....Get in touch with a registered migration agent ASAP. That is the only answer. Link to comment Share on other sites More sharing options...
perthling Posted December 15, 2015 Author Share Posted December 15, 2015 If you withdraw then you will forfeit your visa application charge. You keep saying that you don't know how to rectify this, but, myself and Verystormy have answered this already.....Get in touch with a registered migration agent ASAP. That is the only answer. thank you CaptainC I am getting in touch with Russell and another migration agent now Link to comment Share on other sites More sharing options...
CaptainC Posted December 15, 2015 Share Posted December 15, 2015 thank you CaptainC I am getting in touch with Russell and another migration agent now Great, that's the right thing to do. Link to comment Share on other sites More sharing options...
Peach Posted December 15, 2015 Share Posted December 15, 2015 Just want to add, my experience. It may be that your case officer is just being slow. I had previously undeclared convictions and lied on my landing card on two occasions them. When I came to apply for my partner visa this caused me panic and I used an agent to prepare my application. We didn't draw attention to the landing cards and neither did my case officer mention it. Am now an Australian citizen. Link to comment Share on other sites More sharing options...
perthling Posted December 15, 2015 Author Share Posted December 15, 2015 hi peach, thank you for your reply. I'm happy to hear that someone with a similar case has recieved a positive outcome. You're talking about the incoming passenger card right? How about in the visa applicationbe able to get in the country, did you not declare your convictions there as well? Lastly did you declare you convictions in your partner visa application? Thank you so much for your input. Link to comment Share on other sites More sharing options...
Peach Posted December 15, 2015 Share Posted December 15, 2015 hi peach, thank you for your reply. I'm happy to hear that someone with a similar case has recieved a positive outcome. You're talking about the incoming passenger card right? How about in the visa applicationbe able to get in the country, did you not declare your convictions there as well? Lastly did you declare you convictions in your partner visa application? Thank you so much for your input. Hi, I forgot which visitor visa I used in 2002 & 2004, but I think it basically said if you have convictions you can't use the online form and have to submit a manual application. Regrettably, I chose to ignore this and applied online and then ticked 'no convictions' on the landing card on both occasions. When it came to my partner visa application I fully declared my convictions and supplied the ACRO certificate and the output from a Police Subject Access Request. Hence, I had the same worry as to whether the landings cards would come back to bite me, as it was they weren't mentioned.. Link to comment Share on other sites More sharing options...
perthling Posted December 15, 2015 Author Share Posted December 15, 2015 Hmm..okay. Just to share, I actually filled out Form 1023 notice of incorrect answers last week when i realized that I didn't list all my hisband's convictions in the visa online application. At firdt i thought it wasnt a big deal since i wrote all convictions in Form 80, but when I realized incomplete answers in the online application could impact the result i filled out form 1023. Now for the non declaration of past convictions I am still insure how to proceed. I've reached out to a few migration agents and I've actually emailed my case office last night about it as well. hoping to receive some good advice.. Link to comment Share on other sites More sharing options...
Peach Posted December 15, 2015 Share Posted December 15, 2015 TBH I don't think anything less that a year in prison doesn't raise an eyebrow. Even that seems to be flexed when the conditions justify it. Just need to be honest and it sounds like you're doing all the right things. Link to comment Share on other sites More sharing options...
CaptainC Posted December 15, 2015 Share Posted December 15, 2015 Hmm..okay. Just to share, I actually filled out Form 1023 notice of incorrect answers last week when i realized that I didn't list all my hisband's convictions in the visa online application. At firdt i thought it wasnt a big deal since i wrote all convictions in Form 80, but when I realized incomplete answers in the online application could impact the result i filled out form 1023. Now for the non declaration of past convictions I am still insure how to proceed. I've reached out to a few migration agents and I've actually emailed my case office last night about it as well. hoping to receive some good advice.. These are all positive steps in the right direction, declaring on form 80, but especially completing form 1023 and contacting an agent. The agent will have had many experiences dealing with this type of case, I'm sure. They will have all of the information and experience to give you the best advice. Best of luck. Link to comment Share on other sites More sharing options...
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