Partner Visa App & Criminal Conviction

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Partner Visa App & Criminal Conviction


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Old 11-29-2017, 09:46 PM
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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.

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Old 11-29-2017, 10:51 PM
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Quote:
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.

Quote:
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.


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Old 11-29-2017, 11:15 PM
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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.


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Old 11-29-2017, 11:26 PM
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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.

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