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pomade11

Partner visa - with a minimal criminal record

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Hi All, 

Been ages since I logged on to this forum, but I thought I would share with you my story for obtaining a partner visa. It has been a lengthy process but I would like to highlight the area of my (albeit minimal) criminal past which threw a few spanners into the works. 

Before I go on, please do this thread the courtesy of reading this: I am not a criminal or immigration lawyer so cannot answer questions such as; I have been convicted of XYZ, can i get a visa? Or; When I was 16 I did something silly, can I get a visa? I do not know, every case is advised on its individual merits. GET YOURSELF AN IMMIGRATION LAWYER. 

Sorry for the above, but the amount of threads hijacked with divs who ask the same inane questions without actually reading the thread made me go a little stir crazy and didnt answer my specific questions. 

So, application lodgement - October 2016, loads of evidence, immigration lawyer said this is water tight...

Fast forward to June 2017 - nearing the front of the que, immigration lawyer asked me for my police checks, done and came back with NO LIVE TRACE. I knew it was there, was hoping it had dropped off but thanks to Ian Huntly, the UK law changed for items to remain on my record until I reach 100. Assault with ABH caution before you ask. 

Two days after all the documents were submitted, Immigration asked me for more information related to the offence and circumstances why it happened - sometimes this happens, others it doesnt. Depends on your case officer. Here is where I requested my SUBJECT ACCESS FORM from the UK. Here is where my mind went into overdrive with worry.  A google search doesnt reveal much about what is contained on a SAR. So I would like to put all you naughty people with a criminal past at ease of what is contained on the Police National Computer:

First/last name; DOB; Gender; Ethnic Appearance; Place or birth; nationality 

PERSONAL - height; build; shoe size; eye colour; glasses; right handed; hair; accent; facial hair 

Address/marks scars

INCIDENT DETAILS

Police photo location; arrest/summons ref; police station owner

ARREST/SUMMONS HISTORY

This is where you have to be 100% clear to immigration as to what to write as the SAR will detail the following:

Caution date; Adjudication (caution, no further action etc); Offence description (mine read; ASSAULT OCCASIONING ACTUAL BODILY HARM); Location (where it happened) 

My SAR was submitted with a stat dec outlining the causes of why it happened as well as how it was not a reflection of my character. 

October 2017 - visa granted!

 

I hope this helps with anyone with MINOR criminal histories, and I know exactly how nerve wracking it can be going through this process, especially given all the arm chair garbage opinions out there. 

Good luck :)

 

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Just a couple of comments - the reference to Ian Huntley is irrelevant.  For immigration purposes no offence is ever spent, so whether it still appears on your file or not, you should still have declared it. 

Secondly no migration agent ( never mind a lawyer) can say an application is watertight. Any application can be refused until its granted.

 

Congrats on getting your visa!

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From t.he Migration Agents Code of Conduct:

Clause 2.14A

A registered migration agent must not represent that he or she can procure a particular decision for a client under the Migration Act or the Migration Regulations.

 

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hi All,

 

I need a advise. I am from high rish country. I have lived in UAE in 2014 for 7 months. I have bad debts (credit card and personal loan) in UAE, i flew back to my country with them and have not paid yet. I am now married to Australian partner and i intend to apply for 309/100.

My question is it going to harm my partner visa of Australia due to this bad debts in UAE as this is the criminal conviction in UAE.

 

Please guide. Thanks 

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What are your intentions regarding paying off your debts? If you have criminal convictions pertaining to your debts in the UAE then you will have to declare this in your application...

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On 10/5/2017 at 21:14, Nemesis said:

Just a couple of comments - the reference to Ian Huntley is irrelevant.  For immigration purposes no offence is ever spent, so whether it still appears on your file or not, you should still have declared it. 

Secondly no migration agent ( never mind a lawyer) can say an application is watertight. Any application can be refused until its granted.

 

Congrats on getting your visa!

 

1) There cites the arm chair opinions! Thanks for the clarification! 

2) I did think that actually - got my hopes up - all good intentions I suppose. 

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41 minutes ago, pomade11 said:

 

1) There cites the arm chair opinions! Thanks for the clarification! 

2) I did think that actually - got my hopes up - all good intentions I suppose. 

1) Not an armchair opinion, a fact I had to be aware of, and act according to, in my previous job.

2) ) See wrussell's comment above. 

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20 hours ago, Nemesis said:

1) Not an armchair opinion, a fact I had to be aware of, and act according to, in my previous job.

2) ) See wrussell's comment above. 

i was citing my initial post - where I was reading armchair opinions regarding the matter. I read about the Huntly matter on a forum so was making reference to that, not you. 

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On 10/8/2017 at 20:24, tonyguy123 said:

Hi All,

 

I need a advise. I am from high rish country. I have lived in UAE in 2014 for 7 months. I have bad debts (credit card and personal loan) in UAE, i flew back to my country with them and have not paid yet. I am now married to Australian partner and i intend to apply for 309/100.

My question is it going to harm my partner visa of Australia due to this bad debts in UAE as this is the criminal conviction in UAE.

 

Please guide. Thanks 

They have rabid dogs waiting at the airport for you. If you cannot prove you have paid the debts then you will be fed to them. The pigs eat what the dogs dont finish (to quote Bricktop). 

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