Drink and Drive charge affect partner visa??

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Drink and Drive charge affect partner visa??


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Old 10-28-2019, 08:45 AM
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Angry Drink and Drive charge affect partner visa??

Hello Everyone,

My self Shilpa and I live in India. My husband is a Australian PR holder but he staying in India from 2017 due to family conditions. We both got married in Dec 2018 and now we are planning to move back to Australia. He wanted to apply for my partner visa from Offshore. We gathered all the documents and his police clearance came up with pending Drunk and driver charge on him which he is not aware of.

In 2016 He got caught for drunk and drive. His licence was suspended for an year and car was impounded. He paid almost $950 to release it from impound. He moved to India after 6 months from the day of incidence. He thought it was all over as the ban period is over and he paid heavy amount for to release his car.

Does this affect my partner visa application in any way. Please guide me on this if any of the member have idea.

Thanks in advance.
ShilpaSri


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Old 10-28-2019, 02:54 PM
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From what you have stated the matter has not been finalised if as you state the AFP Police Clearance came back that the drink driving charge was pending. Is it possible that he left Australia prior to the court case? The impound fees have nothing to do with the actual criminal (yes drink driving is classed as a criminal case) charge.

You probably need to ask your husband if he is withholding any details from you. If the case is "pending" there may well be a warrant issued. Your husband would need to contact the police jurisdiction that charged him, either directly or through an Australian solicitor.

Before going any further I would consult one of the Registered Migration Agents on this forum for advice.

https://www.australiaforum.com/visas...on-agents.html

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Old 10-30-2019, 05:30 AM
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Thank you for the reply Aussie in Thailand. I'm sure my husband is not withholding any thing from me. As soon as we received PCC he wrote to AFP regarding the issue. we are awaiting for a reply from AFP. My only concern is does it affect partner visa he is lodging for me.


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Old 10-30-2019, 06:35 AM
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Unless the offence occurred in the ACT, the AFP will NOT be the jurisdiction responsible. The states "report" all offences - the AFP have access to every state and territory data base and produce the PCC based on their findings.

In my opinion, having an unresolved (pending) matter on the PCC WILL affect your application. I do suggest you contact one of the RMAs via the link I previously sent you.

Best of luck!

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Old 10-30-2019, 06:53 AM
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Quote:
Originally Posted by ShilpaSridhar View Post
Drunk and driver charge on him which he is not aware of.

In 2016 He got caught for drunk and drive. His licence was suspended for an year and car was impounded. He paid almost $950 to release it from impound. He moved to India after 6 months from the day of incidence. He thought it was all over as the ban period is over and he paid heavy amount for to release his car
ShilpaSri
When receiving a DUI for mid range and high range back then a person is required to attend court for the full outcome, the 12 month driving ban is issued immediately on the spot and given it was for 12 months ago he would be in the high range. Had he attended court there would of also been a fine issued.
Given he left the country without resolving the issue it could pose some problems. The cops clearly explain the process when they issue the roadside infringment so ignorance won't be accepted.
If he has already submitted his sponsor application and did not declare it then that can also be an issue.


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Old 10-30-2019, 07:10 AM
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May I suggest that you consult one of the RMAs in the link that was posted above?

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