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Guest james1989

Visa options - Complicated situation

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Guest james1989

Hi all,

 

I have a complicated situation that I need answers too. This isn't related to me as I've got an Australian passport. I live in Manchester and I have a boyfriend who I want to bring to Australia with me who is a British citizen and 23. Problem is, he was convicted of hit and run and sentenced to 6 years prison (big mistake, I know). Soon his to be having an open prison setence and I told him I'll be taking him to OZ when the first opportunity arises. Now I am sick of horrendous salary, uncompable government benefits and the continuous cuts in jobs, pensions and increased educational fees. I told him I wouldn't leave without him and my brother won't go to Australia unless I do, which in effect has a negative impact on him. Now I am wanting to know what I should actually do. If you're going to say - find someone else or some other rudimentary response, then don't bother posting. Should I inform the Australian government that we are in a relationship? How should I start organising things for our relocation?

 

Furthemore in relation to his sentence, he has served almost three years with another three that will be on open prison. This is absolutely heartbreaking but I'm unsure of how to begin preparation for our relocation. Does anyone have any suggestions? Would his visa be refused applying with an Australian citizen? It was a once off offence if that helps.

 

J

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Guest james1989

Oh and I will be willing to appeal any decision against the application even if it results in a legal battle.

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Guest Guest31881

Hi,

 

To be honest your situation will need a migration expert to sort out,

Your biggest hurdle as i see it will be the 6 year prison sentence, it means he will fail the character tests. You need to Contact a good agent and take professional advice. I think in your situation you do not need advice from a forum, but professional help and advice from Migration agent / lawyer.

 

Good luck, I hope things work out for you.

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Hi,

 

To be honest your situation will need a migration expert to sort out,

Your biggest hurdle as i see it will be the 6 year prison sentence, it means he will fail the character tests. You need to Contact a good agent and take professional advice. I think in your situation you do not need advice from a forum, but professional help and advice from Migration agent / lawyer.

 

Good luck, I hope things work out for you.

 

I agree, this needs professional advice only, ask a Migration Agent, there a couple of very good ones who posts on this forum.

 

Best of luck


175- 23rd April 2011 -VisaGranted-21/11/2011........ Landed in Queensland June 2012. Let the fun begin........:ssign17:

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Anything from a year or more custodial sentence your gonna need a pretty good lawyer to get around it. Not sure how you would get around it on compasionate grounds. I'm sure some of the quality migration lawyers on here will pick it up and advise you..

 

Good Luck with it.


Why don't you just build a bridge and Get Over Yourself !!

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Guest james1989

Surely though they will take into the account his offence in itself, won't they? Considering it's a once off and a clear mistake. It's just constantly frustrating me and I will but his not even going to be getting his open prison sentence until April next year. I'm absolutely frustrated as I am sick to death of living here at the same time.

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Guest

Hi there.

 

Reading everything you've said, I do agree with the others, you need to seek professional advice as most of us here are not qualified in migration issues and we really couldn't comment on something like this and know what we were talking about.

 

I don't mean it to be negative, but just that as much as we might want to help, we can't. We are not the experts or the people you need to be talking to about this.

 

Anything more than a year prison sentence is where the cut off line is I've always understood. After that, you are into an area we are not specialists in and really should go seek legal advice and see where you stand and what your options are.

 

Good luck with it all.

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To anyone watching this thread with a detailed knowledge of Australian Immigration and Criminal law

 

** BUMP **


Why don't you just build a bridge and Get Over Yourself !!

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Hi James,

 

You can read some of the detail about how this all works at http://www.immi.gov.au/media/fact-sheets/79character.htm - and yes this is an area where agent expertise is critical and I doubt whether you'd find an agent with relevant experience in the UK.

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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Hi all,

 

I have a complicated situation that I need answers too. This isn't related to me as I've got an Australian passport. I live in Manchester and I have a boyfriend who I want to bring to Australia with me who is a British citizen and 23. Problem is, he was convicted of hit and run and sentenced to 6 years prison (big mistake, I know). Soon his to be having an open prison setence and I told him I'll be taking him to OZ when the first opportunity arises. Now I am sick of horrendous salary, uncompable government benefits and the continuous cuts in jobs, pensions and increased educational fees. I told him I wouldn't leave without him and my brother won't go to Australia unless I do, which in effect has a negative impact on him. Now I am wanting to know what I should actually do. If you're going to say - find someone else or some other rudimentary response, then don't bother posting. Should I inform the Australian government that we are in a relationship? How should I start organising things for our relocation?

 

Furthemore in relation to his sentence, he has served almost three years with another three that will be on open prison. This is absolutely heartbreaking but I'm unsure of how to begin preparation for our relocation. Does anyone have any suggestions? Would his visa be refused applying with an Australian citizen? It was a once off offence if that helps.

 

J

 

From what you have posted you have more problems than your partner being a guest of Her Majesty for a few years, which can possibly be solved, although how you might satisfy the authorities that you are in a relationship is another issue.

 

Do not try to run a case without professional advice and do not tell the Australian government anything.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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You also need to remember that when released from prison he is still 'serving a sentence' and subject to licence & probation requirements until the end of it. IMO it is very unlikely his future probation officer would allow him to flit off to Australia whilst subject to those requirements. And at the same time it is unlikely DIAC would want to help him breach the terms of the licence and commit another offence by granting him a visa that assists him to do just that!

 

Which gives you plenty of time to get sound advice from an expert migration agent to prepare a sound case for when his sentence does actually end.


05/09/09 Mailed my 309/100 app 17/09/09 CO 05/10/09 Meds 08/10/09 PCC 09/10/09 Xray, 18/12/09 Extra Medical report recieved by CO 14/01/10 Hep B test, 09/02/10 New CO aggh 18/02/10 309, Baby visa needed now for our move in Sept 2011

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Guest james1989

Thanks for the replies everyone. Well once his out he'll make my experience better being in the UK, it's just sad that I have to wait. And I will definitely contact a migration agent and try to pursue a same sex relationship visa after obtaining their advice. This sounds like it's going to be a lengthy situation, but at least I don't finish my apprenticeship until March!

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