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robthomas821

820/801 Application with 3 Drink Driving Convictions

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Hi Everyone,

 

I am currently in Australia and have lodged my application for the 820/801 De Facto visa.

 

My partner and I met in Feb 2009, properly became a couple in March 2009 and the company that had said they were going to sponsor me turned around and said that they wouldn't. Completely out of the blue and gave me 3 weeks until the expiry of my WHV.

 

My partner moved herself and her 4 year old daughter (after much legal rambling with her solicitor and our girls real dad) to NZ so we could build up our relationship history.

 

We came back in Dec 2010 and lodged our application on the 14th Dec. With UK Police Checks, NZ Police Check, no meds.

 

Got an email today from our CO asking for AFP Checks, Medical and some more evidence for the relationship history. I emailed him back asking for clarification of a few points and he called me within 10 mins on my mobile to clarify those points. He seemed really good and switched on, and basically said that although the most lengthly part of what he requires is the meds, that it won't be much longer once he receives it.

 

I have 2 x Drink Driving convictions, and 1 failure to provide conviction, dating from 2002 till 2008. I have obviously kept my nose clean from then on, not putting a foot out of place.

 

I have heard that asking for meds to be done is a good sign, any clarification on that or the CO comments to me.

 

Thanks. Congrats to all on here who already have their visas, and good luck to all that have applied/are about to apply.


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Also, forgot to add, my partner and I are expecting the arrival of our baby daughter anytime within the next 2 weeks.


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Also, forgot to add, my partner and I are expecting the arrival of our baby daughter anytime within the next 2 weeks.

 

Congratulations!

 

Did you mean 'failure to produce'? In either case it is unlikely to adversely affect your application.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Were you sentenced to imprisonment for any of the offences? That's the real issue - 12 months or more - whether suspended or not - and things get complicated. Fines and bans don't seem to be a problem.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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I was sentenced to something like 12 weeks in 2 cases suspended for 12 months. No time served, and nowhere near 12 months sentence.

 

I have heard through various sources, and I believe I have read some posts regarding the health checks being requested, that that is generally a good thing as they don't really want to put people at more financial outgoing if there wasn't a chance of it being granted.

 

My CO has my UK PCC and has not mentioned any issues from it, nor requested anymore info from it. He has requested AFP PCC, medicals and some further information as to our relationship, stuff we didn't think to send. He also said that the medicals are the longest part, and once he has those it won't be too much longer. Can I take that as a good omen, or would hopes be getting too high?


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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I think that is a good omen - though the health requirement can be awkward in itself! I understood from my CO that most partner visa applications are straightforward and if more information had been required, you would know about it quickly. I think the CO eventually has to prepare a case folder for a senior officer with a recommendation to approve or reject an application. By asking for the medical check, it probably indicates that the CO will recommend approval but the senior officer could always take a different view.

 

In any case, DIAC are pretty open that their threshhold for the character test is for sentences that add up to 12 months or more. You don't fail the test on that basis.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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My CO has requested more info, although, the only info the have requested is the AFP PCC, Medical and a little more evidence of our relationship.

 

So it seems from other peoples experiences, my CO seems happy enough to recommend approval once all of this stuff is done. He suggested it wouldn't be long after he received all of the stuff.

 

Just hope his Senior officer agrees!!!!

 

Thank you for all the info. Anymore would be good, but the advice and help given thus far is fantastic. Thanks guys!!!!


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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And also, forgot to mention. I had a New Zealand Immigration medical, the full one like the Australian one to extend my working Holiday Visa there whilst we were there and all came back perfectly fine. So unless I have contracted a major illness since, I am sure I will be fine with the Health Checks.


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Yes, our child will be an Australian Citizen.

 

Does that matter, or will it be held against us in any way?


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Yes, our child will be an Australian Citizen.

 

Does that matter, or will it be held against us in any way?

Quite the opposite. It will add to the strength of your case - which is probably already more than sufficient. Australia likes is children to grow up in Australia with both parents.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Precisely. The welfare of the child is paramount. In the circumstaces you described the minister is most unlikely to separate an infant child from her parents.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Thank you for all of the advice. You have all been very helpful. I have my med booked for 24th and sending off for afp pcc shortly. They have said that I may get my med results same day if all is well. I am in at 9am for the xray and bloods etc, then 4pm for the doctors bit. So hopefully will be able to co-ordinate meds and afp together and submit at the same time. Already have 1 Form888 submitted with other on the way and all the other relationship evidence submitted so here is hoping.

 

I am unable to work which is putting a big strain on us at the moment. I called DIAC from NZ and told them our situation, partner pregnant, would like to have baby in oz, can we make an onshore app. Told yes we can. Asked about working as partner is pregnant and nearing full term, wont get work, and I would be on tourist visa. Told don't worry, when you lodge application, also lodge form 1005 to have work restrictions removed considering our situation. Moved all of our life, posessions etc home to oz, lodge app and told cannot lodge 1005 until my bridging visa comes into effect. Told to notify global feedback unit. They took it on board and asked us to write a letter to manager of partner processing in brisbane. Sent reply in response to email saying they had recieved our application, and attached letter. They have obviously taken it on board as we have a case officer quicker than we thought, and he seems really good.

 

Will keep this updated as we progress, any advice or info welcomed as still worried.


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Guest happycrappy
Hi Everyone,

 

I am currently in Australia and have lodged my application for the 820/801 De Facto visa.

 

My partner and I met in Feb 2009, properly became a couple in March 2009 and the company that had said they were going to sponsor me turned around and said that they wouldn't. Completely out of the blue and gave me 3 weeks until the expiry of my WHV.

 

My partner moved herself and her 4 year old daughter (after much legal rambling with her solicitor and our girls real dad) to NZ so we could build up our relationship history.

 

We came back in Dec 2010 and lodged our application on the 14th Dec. With UK Police Checks, NZ Police Check, no meds.

 

Got an email today from our CO asking for AFP Checks, Medical and some more evidence for the relationship history. I emailed him back asking for clarification of a few points and he called me within 10 mins on my mobile to clarify those points. He seemed really good and switched on, and basically said that although the most lengthly part of what he requires is the meds, that it won't be much longer once he receives it.

 

I have 2 x Drink Driving convictions, and 1 failure to provide conviction, dating from 2002 till 2008. I have obviously kept my nose clean from then on, not putting a foot out of place.

 

I have heard that asking for meds to be done is a good sign, any clarification on that or the CO comments to me.

 

Thanks. Congrats to all on here who already have their visas, and good luck to all that have applied/are about to apply.

 

 

Custodial sentense in the Uk for Drink Driving normaly comes on the 3rd offence, When I applied for my visa I had 2 Drink Drive offences and it didn't affect my visa, so I think you'll be fine, even if it shows on the UK police Reports, good luck

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Custodial sentense in the Uk for Drink Driving normaly comes on the 3rd offence, When I applied for my visa I had 2 Drink Drive offences and it didn't affect my visa, so I think you'll be fine, even if it shows on the UK police Reports, good luck

 

I had 2 custodial sentences imposed, but suspended for 12 months. The sentences were for 12 weeks each time, suspended for 12 months. So according to DIAC regulations, I should be fine on that.

 

I have been asked for the remaining information required to process my application, asking for AFP Police Checks, medical checks for Permanent Visa, and some further evidence of our relationship, including the 2 x Form 888's Statutory Declarations. I have provided all of the relationship evidence now, just have to wait for the AFP checks, and have my medical on the 24th Feb.

 

My question is, having received already my UK Police Checks, on which my convictions are noted, would the CO not have already asked more information regarding those convictions if there was any questions to be raised? Would he have not asked for that with all of the other things he has asked for, if they had any concerns about it?


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Guest happycrappy
I had 2 custodial sentences imposed, but suspended for 12 months. The sentences were for 12 weeks each time, suspended for 12 months. So according to DIAC regulations, I should be fine on that.

 

I have been asked for the remaining information required to process my application, asking for AFP Police Checks, medical checks for Permanent Visa, and some further evidence of our relationship, including the 2 x Form 888's Statutory Declarations. I have provided all of the relationship evidence now, just have to wait for the AFP checks, and have my medical on the 24th Feb.

 

My question is, having received already my UK Police Checks, on which my convictions are noted, would the CO not have already asked more information regarding those convictions if there was any questions to be raised? Would he have not asked for that with all of the other things he has asked for, if they had any concerns about it?

 

Wether you tell them or not they'll find out anyway, at the end of the day is it worth hiding if your going to spend loads of dosh on a visa

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Wether you tell them or not they'll find out anyway, at the end of the day is it worth hiding if your going to spend loads of dosh on a visa

 

Sorry, it must be the Irish in me. I submitted my application with the UK Police Checks already with it. I was upfront on the application form, and the CO has my UK Police Checks already, as it was included with the application.

 

If they had worries, would my CO not have asked for further information already, rather than get me to do my AFP check, my medical and all of that? Would my CO not have already asked for further information as to the convictions at the same time?


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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I have been sending my CO some more evidence today. More of the relationship evidence he has requested. Hoping all the stuff we have is enough.

 

I wonder if, as like I said once I had emailed my CO to clarify a few points, and he called me back, I wonder if that was some sort of interview. All he had to do was reply to the email, but we wnded up chatting about various evidence he required, asking about different things, and saying that once I had provided all of the requested information, it wouldn't be long.

 

Has anyone else had a similar experience?


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Medical tomorrow. AFP PCC's sent off for today. All other relationship evidence requested emailed to CO. Will be adding our miscarriage paperwork (March 2010) and our current pregnancy paperwork (due date 22nd Feb) in the next couple of days. Hope it is enough.

 

Then I guess it is fingers crossed and hope for the best.


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Meds done yesterday. Have to wait for the blood tests to come back, and then all of the paperwork can be sent to me to send to my CO.

 

But all is fine with my medical and xray. Nothing found, all clear, everything looks good. Blood tests will be fine as I had my NZ ones not long ago to extend my WHV there.

 

Just have to wait for AFP PCC to come back and that is all the CO requested information to process our visa!!!

 

Here is hoping!!!


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Medicals completed at Medibank in Canberra yesterday. Everything is looking good, no health issues, chest x-ray clear, they just have to wait for the blood tests to come back before I can get the paperwork back to send to my CO.

 

All that is left now is the AFP PCC to come back and that will mark the end of the CO requested information to process my visa, so fingers crossed all will be ok!!!!


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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Sorry for the double up, internet went crazy and it didn't seem like it had posted my original comment


820/801 submitted - 14 Dec 2010; AFP PCC applied for 14th Feb 2011; Meds, Canberra, 15th Feb 2011; Visa Grant 11 Mar 2011; 801 Docs received 27 Sept 2012; Docs at DIAC 14 Oct 2012; 29 Jan 2013 contact from CO regarding address change

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