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Discussion Starter · #1 ·
Hi all
I’m new to this forum and I’m hoping I can get help. My US citizen husband was here in 2016 on a tourist visa. We extended his 3 month stay to 6 months and immi needed a Police clearance. His record came back with offences of DUI. This happened over 10 years or more ago. Immi asked for a character declaration which we provided. By the time we gathered all the information, my husband has exceeded the 1 year stay and immi asked is if we wanted to wait for the result or withdraw his application. We opt to withdraw his application so my husband went back to the US. Our plan now is for him to come back here as a tourist and then apply for a Spouse visa onshore. My question is, would he be able to obtain a visa thru ETA to come back here if he has a DUI offence on his police record? We don’t really know what to do? Additionally, should he also obtain an FBI Clearance in the US before he comes back here.

Thank you
 

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In your situation, I would think about the visa in advance (subclass 600), to avoid any possible difficulties at the airport immigration.

However, maybe do the offshore partner visa first, and a visitor visa after that application is lodged.
 

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Thank you for the advice. Does anybody know how much agents charge to process spouse visas?
Check with the individual agents. There are no fixed fees as such and a lot of factors are taken into consideration to determine the appropriate fee.
 

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Discussion Starter · #5 ·
Thanks CCMS. Sorry to have a lot of questions. But I’m trying to gather documents to satisfy the evidence of relationship. We have hotel and restaurant bookings, however, the receipt or info on the bookings were either on his or my name. We only have pics to state that we were both there at the time. What to do?
 

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MiszJune;1861946]Hi all
I’m new to this forum and I’m hoping I can get help.

My US citizen husband was here in 2016 on a tourist visa.

We extended his 3 month stay to 6 months and immi needed a Police clearance. His record came back with offences of DUI. This happened over 10 years or more ago.

Immi asked for a character declaration which we provided.

By the time we gathered all the information, my husband has exceeded the 1 year stay and immi asked is if we wanted to wait for the result or withdraw his application.

*** Immigration sometimes impose a clause (or policy or something) that only allows you to spend a maximum of 12 months in Australia in any 18 month period - This might be the reason they gave you the option.??

We opt to withdraw his application so my husband went back to the US.

Our plan now is for him to come back here as a tourist and then apply for a Spouse visa onshore.

** You don't plan that stuff! but that's another topic.

My question is, would he be able to obtain a visa thru ETA to come back here if he has a DUI offence on his police record?

** DUI in itself is a reason to refuse a Visitor Visa, but it might not allow an ETA to be granted. I assume the ETA will not allow an applicant with a criminal record to get a grant - but never been lucky enough to even consider an ETA application.

We don’t really know what to do? Additionally, should he also obtain an FBI Clearance in the US before he comes back here.

** You could apply for a multi or single entry Visitor Visa (address the DUI in the application) and hope it gets granted without the No Further Stay condition. Rightly or wrongly DUI is not treated as a serious offence, but try steal a $ from the Tax Man!
 
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