Partner Visa App & Criminal Conviction

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree1Likes
  • 1 Post By wrussell

Partner Visa App & Criminal Conviction

Closed Thread
LinkBack Thread Tools
  #1 (permalink)  
Old 11-29-2017, 09:46 PM
Junior Member
Join Date: Nov 2017
Posts: 3
Users Flag! From australia

1 likes received
1 likes given
Partner Visa App & Criminal Conviction

My name is Bec and I was born and raised in Australia. I have signed up because my partner and I are wanting to apply for partner visa (preferably) or prospective marriage visa and he has dual citizenship in Albania and Greece. My partner and I have been living together in the UK since the very beginning of June 2017 and have been in a relationship since January 2016. The problem and questions we have is that my partner got into an altercation at work with a collegue and my partner admitted guilt as he initiated the fight which is on CCTV. There was no injuries and no injuries will be included in the case. My partner will have a court date probably in January and as he admitted to the assault this is seen as a conviction. The level of the conviction falls under assault by beating and is the lowest level of punishment etc as there were no injuries to factor in and wasn't serious however we are concerned how this will affect the visa application. My partner otherwise has a clean criminal record. Has anyone else been in this situation before when applying for a visa? How does this affect the visa? Do we need to wait 5-7 years before applying? What if we apply and show he is rehabilitated through an anger management class or something like this, does it help? What is the likelihood of us getting the visa? He has not been convicted yet and we believe the outcome to be something minor like a fine. We were not sure whether to come to Australia now and apply onshore or wait until after the court date. We more than pass all the requirements and relationship evidence but now the criminal offence is the worry. Thanks for helping

Last edited by Beckster89; 11-29-2017 at 11:16 PM.

  #2 (permalink)  
Old 11-29-2017, 10:51 PM
Eh? Eh? is offline
Senior Member
Join Date: Aug 2017
Location: QLD
Posts: 983
Users Flag! From canada

212 likes received
56 likes given
Originally Posted by Beckster89 View Post
What is the likelihood of us getting the visa?
There are other determining factors that go into getting the visa. I would look into those first to make sure you meet the rest of the criteria before stressing about his criminal charges.

My partner and I have been living together in the UK since the very beginning of June 2017 and have been in a relationship since January 2016.
You have to show evidence of a one year de facto relationship (I believe, unless your relationship is registered in Australia, but I have been wrong before, mostly of late) and from your own post it says you've only been de facto for 4 months.

You're in the right place. While people may not be able to give you the definitive answer you are looking for, there are people here who can help. A consult with a RMA would be a great place to start.

Here are a list of the ones who frequent these parts.

Hope this helps and good luck.

  #3 (permalink)  
Old 11-29-2017, 11:15 PM
Junior Member
Join Date: Nov 2017
Posts: 3
Users Flag! From australia

1 likes received
1 likes given
Thanks for your response. Yes we have been consulting with an RMA already and we more than fit the rest of the criteria and our relationship[ evidence is all sorted but my worry is now the criminal offence.

Sponsored Links
  #4 (permalink)  
Old 11-29-2017, 11:26 PM
Senior Member
Join Date: Dec 2014
Location: Syney NSW
Posts: 5,409
Users Flag! From australia

907 likes received
388 likes given
I advise that you should not apply for a visa whilst there is a matter awaiting hearing.
Engage the services of a lawyer and see what the outcome is before you proceed.
If you can, pay for Top Gun advice/representation.

Beckster89 likes this.

Westly Russell
Registered Migration Agent
Number 0316072

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Criminal conviction and PR am2017 Visas and immigration 1 08-17-2017 05:54 PM
Criminal Conviction and Australia leveledgeek Visas and immigration 2 05-14-2016 05:59 AM
criminal conviction susanmck Visas and immigration 22 01-27-2014 11:07 AM
Criminal conviction susanmck New member introductions 0 01-22-2014 11:03 PM
Criminal Conviction & 12 Month Criteria tjb30i Visas and immigration 3 02-22-2012 05:56 PM

By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.

All times are GMT. The time now is 11:17 PM.

Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.