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Hi all,

This is my first post, just wanted to say thank to all contributors, it's been a geeat help so far.
I've been sponsored by my company for PR (ENS / 186, Direct Entry), nomination was approved end of Jan, I've put in my application start of Feb, my case officer has now informed me that my partner (de-facto, I'm currently on a 461 NZ partner visa) is treated as a non-migrating family member, has to undergo medical and police checks and if he fails I'll fail too. Great so far.

He's doing his medical today (fingers crossed). He has well controlled type 1 diabetes (since he was 13), and I believe this shouldn't be a problem.

We are now both required to fill out the dreaded form 80, and I am worried about question 59. "Have you, or any other person included in this
application, ever been charged with any offence or have proceedings against you overseas or in Australia" This is actually the case for him, and it is not decided if it will go to court or settled before that. He has a lawyer who takes care of the case for him but since there has been no decision yet (it only happened in December 2013) I am not sure what we should write to explain the situation. As far as I know, worst case scenario is 6 months jail, but I don't expect anything even close to that. It might take another 10-12 months (!) for the case to be settled but we don't know this yet. The justice system in Australia is slow, as we have been told and experienced ourselves.

What is the best way to deal with this? Should we get a statement from his lawyer (not cheap but if it increases our chances we're happy to do this)? Because his lawyer deals with the case directly (it's in a different state too), we are not even exactly sure of the exact charges against him (I think prosecution have changed it throughout the process).

Thanks all for your help.
 

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I think you may need to ask a migration agent this question (perhaps in the Ask Mark sticky at the top of the forum if you haven't already). Generally only offenses that result in a sentence of more than 12 months are a problem, BUT I've never seen a case where the proceedings are still ongoing. I imagine that might have an impact on the application as they won't know for sure what the sentence will be.
 
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