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Permanent visa, partner with criminal record


Joobles

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Good afternoon

 

My good friend is applying for employer sponsored permanent residency and her husband has a criminal record. He received a 12 month suspended sentence 18 years ago (aged 20) and they are concerned that this is going to cause an issue. Since then he has been to uni, got married, had a child and been continuously employed both in the UK and Australia.

 

Can you advise if you would expect this to lead to a refusal and is there anything they can do to mitigate the chances? They are currently in Australia.

 

Many thanks for your feedback.

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Hi Joobles - it will need to be declared and you'll need to provide some information about it - what was the record for; his rehabilitation, behaviour since, character references etc. It may mean the visa is referred to the VACCU ("Character Unit") for additional checks. Similar to medicals, every case is decided on its own merits and it's very hard to say whether it will cause a problem.

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Good afternoon

 

My good friend is applying for employer sponsored permanent residency and her husband has a criminal record. He received a 12 month suspended sentence 18 years ago (aged 20) and they are concerned that this is going to cause an issue. Since then he has been to uni, got married, had a child and been continuously employed both in the UK and Australia.

 

Can you advise if you would expect this to lead to a refusal and is there anything they can do to mitigate the chances? They are currently in Australia.

 

Many thanks for your feedback.

 

Seek professional advice.

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Thanks. They already are but their agent seems to be suggesting that if it doesn't come up on their police check then it's all good. My understanding is that they should declare it regardless?

 

Fail to declare will not only take your own risk of the application being refused on PIC 4020 ground, but you setting on a time bomb as well, remember that the S.101 of the Migration Act requires you to complete your application in the way that all the questions are answered and no incorrect answers are given, fail to comply will result your visa being cancelled under S.109, even if the visa had been granted to you/him.

Edited by Wei Shu
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