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Dear Friends,

My Partner is an Australian PR, and i got married to her in 2017. But i have some issues with my partner visa application. I was in Australia during the year 2003-2008 on a student visa, Firstly In the year 2008 i got convicted for driving whilst suspended in an NSW court but i never went to the court. They gave me 12 months ban and fine, secondly my extension for student visa got refused coz i was not enrolled in a course. Thirdly i ran into defaults for not paying credit card debts which i took to pay for my tuition fees at the uni. My questions are.
1. Will my conviction show up on AFP database, and should i disclose it to DIBP.
2. My Student visa refusal will it affect my application.
3. Will my financial debts affect my application, or any problem after going to Australia, and in the last section of 40sp form there is a consent to disclose info even to financial institutions will it affect her sponsorship or will the DIBP come to know about my defaults.
Any comments, advice on the above is highly appreciated. Many Thanks.
 

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Dear Friends,

My Partner is an Australian PR, and i got married to her in 2017. But i have some issues with my partner visa application. I was in Australia during the year 2003-2008 on a student visa, Firstly In the year 2008 i got convicted for driving whilst suspended in an NSW court but i never went to the court. They gave me 12 months ban and fine, secondly my extension for student visa got refused coz i was not enrolled in a course. Thirdly i ran into defaults for not paying credit card debts which i took to pay for my tuition fees at the uni. My questions are.
1. Will my conviction show up on AFP database, and should i disclose it to DIBP.
2. My Student visa refusal will it affect my application.
3. Will my financial debts affect my application, or any problem after going to Australia, and in the last section of 40sp form there is a consent to disclose info even to financial institutions will it affect her sponsorship or will the DIBP come to know about my defaults.
Any comments, advice on the above is highly appreciated. Many Thanks.
Mate, I'm sure you are aware of your situation not going to help in Terms of getting visa. If I was you, I would disclose everything, pay the credit cards and look for professional help to lodge the application.

Having said that, if you have kids together or other compelling circumstances, they might take that into consideration.
 

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Dear Friends,

My Partner is an Australian PR, and i got married to her in 2017. But i have some issues with my partner visa application. I was in Australia during the year 2003-2008 on a student visa, Firstly In the year 2008 i got convicted for driving whilst suspended in an NSW court but i never went to the court. They gave me 12 months ban and fine, secondly my extension for student visa got refused coz i was not enrolled in a course. Thirdly i ran into defaults for not paying credit card debts which i took to pay for my tuition fees at the uni. My questions are.
1. Will my conviction show up on AFP database, and should i disclose it to DIBP.
2. My Student visa refusal will it affect my application.
3. Will my financial debts affect my application, or any problem after going to Australia, and in the last section of 40sp form there is a consent to disclose info even to financial institutions will it affect her sponsorship or will the DIBP come to know about my defaults.
Any comments, advice on the above is highly appreciated. Many Thanks.
If I was your CO, I won't grant you the visa. If you don't have enough money, why are you going to study in Australia? you have court issues which they are looking at when granting citizenship so by default I will assume that your visa will be refused.
 

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If I was your CO, I won't grant you the visa. If you don't have enough money, why are you going to study in Australia? you have court issues which they are looking at when granting citizenship so by default I will assume that your visa will be refused.
Although I tend to agree with your sentiment, I wouldn't say that the visa will be refused. It's a partner visa and will be assessed on its merit with the time passed it's likely some elements of the past may not be relevant.

It comes down to what is written in the migration regulations and the departments interpretation of them as to wether the visa will be granted.

Having said that - I do agree that the OP really needs to pull their socks up if they intend to live here - we don't pay taxes for you to flaunt the system.
 

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Although I tend to agree with your sentiment, I wouldn't say that the visa will be refused. It's a partner visa and will be assessed on its merit with the time passed it's likely some elements of the past may not be relevant.

It comes down to what is written in the migration regulations and the departments interpretation of them as to wether the visa will be granted.

Having said that - I do agree that the OP really needs to pull their socks up if they intend to live here - we don't pay taxes for you to flaunt the system.
The government is strengthening the requirement to get citizenship and they are not looking for people with offenses like this case.
 

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The government is strengthening the requirement to get citizenship and they are not looking for people with offenses like this case.
To start with 309/100 is permanent residency. Secondly they are only strengthening citizenship as and when the bill passes, as far as I'm aware this has not happend.

Are you able to show me where in the legislation a driving ban results in a negative assesment for character?

I suggest you have a read of this: MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds

If you can't understand this a laymans version is available below.

https://www.homeaffairs.gov.au/trav/visa/char
 

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To start with 820/801 is permanent residency. Secondly they are only strengthening citizenship as and when the bill passes, as far as I'm aware this has not happend.

Are you able to show me where in the legislation a driving ban results in a negative assesment for character?

I suggest you have a read of this: MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds

If you can't understand this a laymans version is available below.

https://www.homeaffairs.gov.au/trav/visa/char
(d) in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:

(i) engage in criminal conduct in Australia; or

(ii) harass, molest, intimidate or stalk another person in Australia; or

(iii) vilify a segment of the Australian community; or

(iv) incite discord in the Australian community or in a segment of that community; or

(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or

(e) a court in Australia or a foreign country has:

(i) convicted the person of one or more sexually based offences involving a child; or

(ii) found the person guilty of such an offence, or found a charge against the person proved for such

This guy has not attended the court and it is likely to be a criminal record on his profile as he didn't attend the court. He is likely to do the same things as he did before if he gets the visa. On the same, where is written in the act that a "drug dealer" cannot obtain a visa?
 

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(d) in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:

(i) engage in criminal conduct in Australia; or

(ii) harass, molest, intimidate or stalk another person in Australia; or

(iii) vilify a segment of the Australian community; or

(iv) incite discord in the Australian community or in a segment of that community; or

(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or

(e) a court in Australia or a foreign country has:

(i) convicted the person of one or more sexually based offences involving a child; or

(ii) found the person guilty of such an offence, or found a charge against the person proved for such

This guy has not attended the court and it is likely to be a criminal record on his profile as he didn't attend the court. He is likely to do the same things as he did before if he gets the visa. On the same, where is written in the act that a "drug dealer" cannot obtain a visa?
It would depend on what a "drug dealer" is would it not.

If they have been imprisoned for 12 months for drug dealing then that would be that.

I don't agree with the sections you have put in bold being strictly relevant however I've no intention to debate this all night - comments below, I don't intend to reply again, you don't come across as a particularly pleasent individual that is here to add value to our community and frankly I feel like this post is a waste of time

As far as I can see the only "criminal" activity involved in was driving whilst suspended. Once, ten years ago. If their ten years worth of previous addresses and criminal records are clean then I would suggest that the OP could be reformed. As we don't know why they were suspended then we can't speculate.

The failed visa application isn't uncommon.

The financial issues are more civil then criminal and as such aren't relevant unless they have progressed.

Inciting discord obviously means something different to me then it does to you.

Likewise representing danger to the community - I believe our interpretations differ on this as well.
 

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It would depend on what a "drug dealer" is would it not.

If they have been imprisoned for 12 months for drug dealing then that would be that.

I don't agree with the sections you have put in bold being strictly relevant however I've no intention to debate this all night - comments below, I don't intend to reply again, you don't come across as a particularly pleasent individual that is here to add value to our community and frankly I feel like this post is a waste of time

As far as I can see the only "criminal" activity involved in was driving whilst suspended. Once, ten years ago. If their ten years worth of previous addresses and criminal records are clean then I would suggest that the OP could be reformed. As we don't know why they were suspended then we can't speculate.

The failed visa application isn't uncommon.

The financial issues are more civil then criminal and as such aren't relevant unless they have progressed.

Inciting discord obviously means something different to me then it does to you.

Likewise representing danger to the community - I believe our interpretations differ on this as well.
I am not trying to proof that I am correct. But I can tell you for sure that this is going to be an issue for him and I am trying to tell him to be careful and not to lose the AUD 7K. When I applied for my PR visa the CO asked me about transactions in my bank account and asked me to provide supporting for these transactions.

They checked the transactions from 2008 to 2017. They are not easy guys like before.
It is not like before they are taking small things more serious now.
 

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I am not trying to proof that I am correct. But I can tell you for sure that this is going to be an issue for him and I am trying to tell him to be careful and not to lose the AUD 7K. When I applied for my PR visa the CO asked me about transactions in my bank account and asked me to provide supporting for these transactions.

They checked the transactions from 2008 to 2017. They are not easy guys like before.
It is not like before they are taking small things more serious now.
In that case I apologise - if your intent was purely to help and advise the poster of potential issues in their application and not to insult belittle or generally upset them then I retract my previous statement about the pleasantness of your charector and your intent within the community.
 

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In that case I apologise - if your intent was purely to help and advise the poster of potential issues in their application and not to insult belittle or generally upset them then I retract my previous statement about the pleasantness of your charector and your intent within the community.
No worries.
 

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It's one thing to comment on concerns the applicant may have to consider, and it's another to make judgemental comments about the applicant's or the sponsor's character. I've removed and edited a couple of posts and would ask that people refrain from character judgements.
 

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1. Will my conviction show up on AFP database, and should i disclose it to DIBP.
2. My Student visa refusal will it affect my application.
3. Will my financial debts affect my application, or any problem after going to Australia, and in the last section of 40sp form there is a consent to disclose info even to financial institutions will it affect her sponsorship or will the DIBP come to know about my defaults.
I do many appeals after people have been refused visas. You have moved into high risk territory with these issues in your history.
1. Honesty is best. If you disclose and it isnt on the AFP check, OK. The other way round, you are dead meat.
2. They will look at you very closely to see if this application is genuine.
3. DIBP computers can see most other government computers. If you were my client, I would be advising that you disclose some of these, not all and deal with the Dept honestly.
 
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