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Discussion Starter · #1 ·
Hi All,

Looking for some recommendations for Immigration Lawyers/Migration Advisors based in the UK who can help with a complicated application. My husband has a substantial criminal record from a long time ago and will certainly receive the notice of intention to refuse the application for the partner visa.

Thanks in advance all,

K
 

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Information from the immigration website regarding all applications for PR:

The character test

A person will not pass the character test where:
they have a substantial criminal record
•they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention
•they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
•having regard to the person's past and present criminal conduct, the person is found not to be of good character
•having regard to the person's past and present general conduct, the person is found to be not of good character
•there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community.

Unfortuantly if your partner falls into one of the below categories you may not have a leg to stand on:

Substantial criminal records

A person is deemed to have a substantial criminal record if they have been:
•sentenced to either death or life imprisonment
•sentenced to a term of imprisonment for 12 months or more
•sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
•acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

Australia is very strict regarding criminal records and even has been known to deport PRs who have substantial criminal records.

Did you consult with a migration agent prior to submitting the application? It is a massive gamble and alot of money if you were aware of the criminal record and Australia's requirements.

I don't know any in the UK - probably would be better to speak with a migration agent in Australia. For a small fee you can chat with one who can advise you if you have any options but honestly, it looks very unlikely if indeed your partner has a substantial criminal record.
 

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Discussion Starter · #3 ·
Hi there,

I have done all the relevant research and more so its no surprise. I wouldn't say we don't have a leg to stand on though...

I have found a migration agent in the UK who has experience with these sorts of cases but I can't seem to find any others that can deal with this and prove their experience doing so, so I would like to know if there are any more options before we enlist his services.

We haven't submitted our application yet. I understand we need legal assistance and won't do until we have established that.

Thanks for your help and if you come across any agents based in the UK I would be grateful for their names.

K
 

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Discussion Starter · #4 ·
Also, upon failing to meet the character requirements, which he will fail, we will be issued with a notice of intention to refuse the application - at this point as I understand we can plead his case and prove his character. No case is black and white - his criminal convictions are a long time ago and weren't particularly serious - even the Australian Immigration department can exercise some form of compassion - strict or not. I appreciate your response to my thread but if I was someone with a little less research and understanding about the process under my belt I may be inclined to give up all together after reading that hahaha.

Luckily I don't scare easy :)
 

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Hi kmarees,

I don't know if this will help you, but the Migration Agents Registration Authority (MARA) has a searchable Register of Australian Migration Agents.

I just did a cursory search, using only the field

Business location > Country > "United Kingdom"

and received 56 results (though not all of them unique as a large number of agents have more than one office in different parts of the country).

I hope you're able to find a solution to your tricky situation :)
 

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Discussion Starter · #6 ·
Thanks so much...I have checked it out before but quite frankly I think it was lost int he abyss of immigration information.

I have contacted quite a few from the list, but most of which don't deal with applications like this. The couple that I found that do deal with them one is suspiciously cheap and told me "Yes, pay your fee, send me your application and it will be approved" and the other is very expensive (but highly recommended and successful). I know its not that simple so the cheap dude is off the list and I'm inclined to go with the latter...but aren't satisfied I've explored other options yet.

I will have to have another look.

Thanks again :)
 

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Ok, good luck.

Actually, regarding your cheap guy, they're absolutely not allowed to say anything remotely resembling that, as specified in the code of conduct, so if you're up for cheap thrills you could report him :cool:

Anyway, I really hope you're able to find a way to do this. As you said in the post directly above mine, nothing is black and white and even within such a strict and seemingly unforgiving system there must be some room to move.

All the best :)
 
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