Help !!! Criminal record !!!!

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Help !!! Criminal record !!!!


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Old 05-16-2013, 11:35 AM
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Help !!! Criminal record !!!!

Please help!!!
I am from nz and don't qualify for a special category visa because I was sentenced to 12 months jail around 8 years ago. Although I only served 6 because other full sentence is 12 this is what they work off.

Anyway my partner and I are wanting to move to Australia but because of my convictions it is making it a bit harder.
What I thought I would do is apply for a 6 month visa Domi can go check the place out maybe attend interviews etc and then looking at applying for another visa to let me live permanently, do you have any ideas around this?

Also now applying for the visitor visa how hard is that to get because I am wanting to apply for 6 months?


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Old 05-16-2013, 04:10 PM
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I'd really suggest you get the advice of a migration agent on this one. Little things on a criminal record generally don't have an impact, but a 12-month sentence very well might keep you from qualifying for certain types of visas for Australia (maybe all types.. I don't know). You need the expertise of someone with more knowledge on this topic than anyone in this forum is likely to have, in my opinion. Look for a MARA-registered migration agent. Mark Northam is a good one.
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Old 05-17-2013, 06:06 AM
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Shawty I am going to PM you. My husband has a subtantial criminal record and we've just submitted. Check your inbox.

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Old 08-05-2013, 03:13 AM
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kmarees, if that's okay with you, can you let me know the name of your migration agent? I don't even know where to start!! Much appreciated!


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Old 08-05-2013, 06:11 AM
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Quote:
Originally Posted by Ms Taurus View Post
kmarees, if that's okay with you, can you let me know the name of your migration agent? I don't even know where to start!! Much appreciated!
Hi Ms Taurus - we are using Overseas Emigration based in Edinburgh. Initially I sent my husbands record out to a handful of agencies based in the UK (we wanted to maintain good contact while in the UK as we applied offshore - but there are plenty of Australian based agents also). Only 2 agencies were willing to consider helping as my husbands record is substantial. One of them cost 6000+VAT - something there is no way we could afford - then OE charged alot less and Richard Gregan the director of the company was really positive about our application so we went with them. So far so good - a couple of minor complaints to do with confusing information given by them but in general I would reccommend them.

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Old 08-08-2013, 06:59 AM
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Hi Kmarees,

I have been declined twice for visitor visa, now going for my 3rd not looking good? Please are you able to help me.


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Old 08-08-2013, 07:42 AM
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Hi Shawty, what grounds were you refused on? Was it a decision from VACCU? Why did you apply for TV (i.e do you intend on applying onshore for a partner visa?)

I'm by no means an expert so please only consider my words as advice, you really arebest seeking additional advice from a migration agent.

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Old 08-08-2013, 07:47 AM
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My partner was born in aus but because moved back to no as a child is a nz citizen by descent so it doesn't look like the partner visa will work for us. Just thought I'd go on a visitor and then explore my options when there (work/student) maybe. So hard with convictions.


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Old 08-08-2013, 08:41 AM
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Your partner is still eligible for a partner visa - this is taken from the immi website under the partner visa sponsor eligibility (http://www.immi.gov.au/migrants/partners/partner/309-100/eligibility-sponsor.htm):

Quote:
Eligibility criteria

To be an eligible sponsor you must be all of the following:

an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who want to sponsor the visa applicant as your partner to Australia
in a married or de facto relationship with your partner
if married, generally aged 18 years of age or over
if in a de facto relationship aged over 18 years of age.

If you are married and 16 or 17 years of age, your parent or guardian must be your partner's sponsor.
So she can probably sponsor you as an Australian since she was born here.

The thing with tourist visa's is they are are meant for tourists only, not people who want to apply for other visa's so with your substantial record and intentions to apply onshore for a substantiative visa, it is from what I understand, almost impossible for you to get a tourist visa unless there are compelling or compassionate circumstances like serious illness, death OR children involved.

However, when there is a substantiative visa application in place prior to the tourist visa being applied for, DIAC tend to view the tourist visa application slightly different as you haave already taken the necessary steps to enter Australia on the correct visa - this tends to only work though if your partner is already in Australia and you would like to join them while you wait for the partner visa to be processed. Due to lenghty processing times, DIAC tends to be a bit more leniant in this situation.

Since you applied for 2 TV's and they were rejected both times, I am afraid it might impact on any future applications and you should certainly seek the advice of a migration agent. You never confirmed if they were rejected based on character requirements?

Without knowing the history of your convictions (i.e. what, when, what happened next ect) I wouldn't be comfortable offering further advice on the partner visa avenue - I will say, you probably are wasting you money by going for another tourist visa.

If you can private message me more info I can give you my advice based on my own experience - or you can post on this thread if you feel comfortable.

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Old 08-08-2013, 10:09 AM
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Hmmm I wonder what they class as an eligible nz citizen. They have been rejected on not enough evidence to return to nz. I think you told me to seek the help of Mark Northam which I have done, he has helped me with a submission and as my 2 previous visas they got back to me within 3 days I was hoping this would be the same as I am suppose to be flying tomorrow. I am so nervous/anxious at the same time.

My convictions were in 2005 for burglary, although I was the driver it doesn't really matter. I got sentenced to 12 onths but served 6 and have not been in trouble since.


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