PCC Requirement

[rsmji]

Dear Experts/Friends,

I had a +ve skill assessment from Australia already. Around 3-4 years back i was invited to apply for Skilled Visa through EoI. But i could not go ahead, as my wife filed a false criminal case against me in India. The trial of the same has been completed around 6 months back and i have been acquitted from the case.

Now she has filed an appeal in the higher(Sessions Court) court to challenge the acquittal order. I am planning to apply for EoI again and as per the current points system, i am sure i will get the invite again.

I would like to know what will be the scenario in PCC . Will i be able to get the same from India? Will there be any issues by Australian Immigration Department as she has filed an appeal now in higher court, which is pending. How Australian Immigration department is gonna treat this scenario?

Also, I would like to know ...as neither nor she applied for divorce or seperation, so we are still legally married. Will i be able to apply for immigration alone? Does Immigration department allows a single person to migrate or what?

Would be really grateful to you all, if you could just guide me.

Thanks in Advance.

 

Regards,
 

[MaggieMay24]

It would likely depend on what you have been charged with, but if you have already been acquitted it may be in your favour.  Australia is only concerned with crimes charged by the police/state, so if your wife has sued you, that would not be relevant.

Unless you can satisfy DIBP that you are legally separated, they may require that your spouse complete the medical/police checks even if you don't intend to include her as a migrating dependent.

[wrussell]

If you have been charged with any offence that is currently awaiting legal action, you must declare it and you might have a problem. May I suggest that you consult a registered migration agent for an assessment?