2nd Sponsorship Questions! - Page 2

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2nd Sponsorship Questions! - Page 2

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  #11 (permalink)  
Old 07-01-2020, 11:52 AM
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Join Date: Feb 2016
Posts: 31
Users Flag! From australia

Thanks for that. And yes you are correct, it was a DVO against me that got her visa granted after our separation.

There was no physical violence or threats of physical violence, the DVO against me was based on some verbal things i had said after i was emotionally abused for a long period of time before that.
And because the legal system had no interest in my side of the story, i did a consent without admission, and negotiated the DVO for a 2 1/2yr period instead of the usual 5yrs.

I do not get a criminal record or conviction from this unless i overstep the DVO rules in which won't happen.
But i do realize that this could possibly have an impact on any future sponsorship i may try for if i was in a situation again that i would like to marry and bring someone to Australia.

But from my understanding of this info, it would appear someone would need to of done a serious offence and have a conviction and criminal record for immi to outright reject a sponsors application.
Or had a history of domestic violence in which i assume that means more than one offense-

New limitations on approval of sponsorships for Partner and Prospective Marriage visa applications

What will change from 18 November 2016?

Sponsors of Partner and Prospective Marriage visa applicants who lodge a visa application, on or after 18
November 2016, will be required to:

 provide Australian or foreign police checks to the department when requested; and
 consent to the department disclosing their convictions for relevant offences to the visa applicant(s).

What are relevant offences?

Migration legislation defines a relevant offence as an offence against a law of the Commonwealth, a State, a
Territory or a foreign country, involving any of the following matters:
(a) violence against a person, including (without limitation) murder, assault, sexual assault and the
threat of violence;
(b) the harassment, molestation, intimidation or stalking of a person;
(c) the breach of an apprehended violence order, or a similar order, issued under a law of a State,
a Territory or a foreign country;
(d) firearms or other dangerous weapons;
(e) people smuggling;
(f) human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or
unlawful confinement;
(g) attempting to commit an offence involving any of the matters mentioned above or below;
(h) aiding, abetting, counselling or procuring the commission of an offence involving any of the
matters mentioned above.

Will a visa application be refused if a sponsor has convictions?

If a sponsor has convictions for a relevant offence but no significant criminal record, a visa cannot be refused
on that basis. In those cases, the department will still disclose the convictions to the visa applicant(s) to allow
them to make an informed decision about continuing with their application.
If a sponsor has convictions for a relevant offence and a significant criminal record, the visa must be refused,
unless it is considered reasonable not to refuse. All the circumstances of the case will be taken into account
when considering if it is reasonable not to refuse, including but not limited to:
 the length of time since the sponsor completed the sentence(s) for the relevant offence(s);
 the best interest of any children of the sponsor or primary visa applicant; and
 the length of the relationship between the sponsor and primary visa applicant.

What is a significant criminal record?

A sponsor has a significant criminal record in relation to a relevant offence if, for the offence(s), the sponsor
has been sentenced to:
 death;
 imprisonment for life;
 a term of imprisonment of 12 months or more;
 2 or more terms of imprisonment, where the total of those terms is 12 months or more

In a bid to tackle family violence, the Australian government has introduced a new requirement for those sponsoring their spouses for a partner visa.

The Migration Amendment (Family Violence and Other Measures) Bill 2016 was passed by the Senate on Wednesday making it harder for people with a history of domestic violence to sponsor a partner visa.

Under the changed law, the sponsors will be scrutinised before visas are issued.

Under existing rules, full character checks are a mandatory requirement for all visa applicants but sponsors are only required to provide police checks where a minor is included in the application.

The changes also ensure visa applicants are aware if their sponsor has a history of violence.

The changes extend the grounds to refuse a visa for people with a violent criminal history.

Could the DVO i have affect future sponsorship, and is there a possibility i could still sponsor someone in the future? Surely i would not be considered to have a violent criminal history!

Originally Posted by ampk View Post
Once the relationship has broken down and you withdrew your sponsorship for that application - to have the Partner Visa/s then granted to your ex wife, the only way is to prove Domestic Violence.

The new law that has the sponsor approved before the Partner Visa can be lodged is to protect/prevent victims of Domestic Violence. This new law has been passed but DIBP have not implemented the official process yet.

Last edited by Qldguy75; 07-01-2020 at 11:57 AM.

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  #12 (permalink)  
Old 07-02-2020, 10:04 AM
Senior Member
Join Date: Sep 2013
Posts: 6,984
Users Flag! From australia

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Mate we do not know how the department will use the law for their PAM when they decide to apply it.

The DVO against you is evidence your ex wife has used to successfully prove to the DIBP to gain her Partner Visa, that you were violent against her in your domestic relationship. You admitted to the punishment of that crime but without guilt - you did not prove you were not guilty or did not require a DVO against you.

Bottom line your ex has proved to DIBP that she was a victim of Domestic Violence caused by you to obtain the visa.

In DIBP eyes, you have committed Domestic Violence and they believe enough of your ex wife's story for that to grant a visa.

My ex wife story against me made Jack the Ripper look like a saint (free lawyers and migration agent/s), but I successfully defended the DVO - she still got the visa.

* After what we went thru I do not mind her and the kids got PR, just sucks DV is a requirement to be used.

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  #13 (permalink)  
Old 07-03-2020, 01:57 AM
Senior Member
Join Date: Dec 2014
Location: Syney NSW
Posts: 5,470
Users Flag! From australia

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The issue is not the purported DV that cannot be denied, but whether a sponsorship was lodged and a visa was granted,

Westly Russell
Registered Migration Agent
Number 0316072

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