james81 Posted June 27, 2011 Share Posted June 27, 2011 I have been in Australia for 4 and a half years (just under 3 on a 457 work visa). I have been in a de-facto relationship with my Australian girlfriend for aprroximately 15 months (been together 2 years). The other week I was in my car and I was involved in an accident. After after a few weeks I was charged with a dangerous driving charge (in qld criminal code). Im just extremely worried that if convicted of this charge my visa will be cancelled and I will be forced to leave Australia. I dont whether it would be better to stay on my 457 visa or change to a spousal visa, I just dont want it to be seen as a defacto relationship of convenience although it is 110% genuine. I have spoken to an immigration lawyer and they say it would be extremely harsh if my visa were to be cancelled but i thought id try and get a second opinion from you guys. Link to comment Share on other sites More sharing options...
Guest siamsusie Posted June 27, 2011 Share Posted June 27, 2011 Hi James and welcome to Poms In Oz. I am sorry to hear of your accident, and hope you and the other party are ok. Speaking to a registered Mara Agent would be the best place to go. Why not contact George Lombard http://www.austimmigration.com.au/site/ who comes highly recommended, he is highly experienced in difficult matters. I sincerely hope everything works out well for you. Susie x Link to comment Share on other sites More sharing options...
james81 Posted June 28, 2011 Author Share Posted June 28, 2011 Thanks for the advise, they are saying $110 for a telephone consultation, is that about right? I was just wondering if anyone knows of anyone who has been in a similar situation and what happened. Link to comment Share on other sites More sharing options...
Guest siamsusie Posted June 28, 2011 Share Posted June 28, 2011 James, maybe one of our members will see this or a nice Migration Agent! Alternatively I see you are in Queensland, maybe give Cheryl a call before the day ends, she might give you some good ideas. http://www.ozmigrationagency.com.au/ Good luck Susie x Link to comment Share on other sites More sharing options...
james81 Posted June 29, 2011 Author Share Posted June 29, 2011 thanks for the help siamsusie, I spoke to Cheryl but she said its not really her area and that it would be best to speak to an Immigration Laywer (which ive done). Look on the DIAC website it states that past and present criminal conduct is assessed via a character test. Im not 100% sure if this applies to me? Link to comment Share on other sites More sharing options...
whichway Posted June 29, 2011 Share Posted June 29, 2011 When I was applying for my visa. I used to always phone migration agents and ask them advice. I was sure that I read somewhere that they are supposed to help with enquiries over the phone if they are registered. But maybe I am wrong :confused: If it were me I would phone a couple and hopefully some nice person will give you an answer out of the kindness of their heart. Link to comment Share on other sites More sharing options...
james81 Posted June 30, 2011 Author Share Posted June 30, 2011 I'll try that and see what they say, it would be nice if someone would give me an accurate answer out of the kindness of their heart. Ive tried the immigration and they said it would be harsh if I was to have my visa cancelled also. Its just the scary unknown. Link to comment Share on other sites More sharing options...
RockDr Posted June 30, 2011 Share Posted June 30, 2011 Obviously I'm not an agent, and would recommend you speak to one to put your mind at rest, but generally convictions don't usually impact on visa applications unless you've had to serve a substantial jail term (12months +). I don't see why this would be any different. I don't think applying for a spouse visa would have any impact on this. Besides, I very much doubt that a spouse visa would be processed before this whole debacle was done and dusted anyway, so you'd still be on the 457 while all this is sorted. On an unrelated note, if you're wanting to stay in the country long term, you should probably think about getting the ball rolling on a DeFacto spouse visa application regardless, since from what you wrote, you do qualify. Link to comment Share on other sites More sharing options...
james81 Posted July 3, 2011 Author Share Posted July 3, 2011 Ive done some researching and it does mention the character test quite often and if the accused has family ties to Australia (which I do via my partner and my mother). Its just a bad situation because if my visa were to be cancelled I would be permanently excluded from being here (not good). I will get the ball rolling on the spousal visa asap. Link to comment Share on other sites More sharing options...
PissLUR Posted July 3, 2011 Share Posted July 3, 2011 nah.. dont worry.. you can even be a murderer and still be accepted as an australian citizen. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 3, 2011 Share Posted July 3, 2011 I don't think that you need to worry until you cget a custodial sentence of over 12 months. Migration agents are not charities. I don't know hwy people keep saying that they are happy to do consultations for free, not in my experience they aren't and indeed why should they. Do you work for free? Link to comment Share on other sites More sharing options...
james81 Posted July 6, 2011 Author Share Posted July 6, 2011 Im not sure a murderer would be welcome, but thankfully my situation is far different from that. Ive been looking at changing from 457 to partner visa (spouse) 820 - 821 and ive been looking at what it costs. Im not sure if the 457 is a Transitional (temporary) visa which would make the fee be $345. It states if the applicant holds any other visa it is $2960 (big difference). Link to comment Share on other sites More sharing options...
RockDr Posted July 7, 2011 Share Posted July 7, 2011 Sorry, you're up for the whole cost... Other option would be to apply offshore, which is cheaper, but probably not much cheaper given you'd have to buy flights twice (once to go a lodge the application, and once when it's ready for grant) Link to comment Share on other sites More sharing options...
james81 Posted July 7, 2011 Author Share Posted July 7, 2011 some parts seem rediculous but I guess procedures are procedures and if its knocked back your not here. The full lot, I feared that but kind of expected it. My situation just gets better and better!! Link to comment Share on other sites More sharing options...
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