Question regarding DIAC Immigration Form 80

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Question regarding DIAC Immigration Form 80


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Old 10-17-2013, 07:04 PM
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Question regarding DIAC Immigration Form 80

I have a question regarding Immigration Form # 80. On this form, question number 57 Part H - Character details asks, Have you, or any other person included in this application, ever: been charged with any offence or have proceedings against you overseas or in Australia.

Now, in 2006 I was involved in a minor skirmish due to which a police complaint was lodged by myself and the other party. The ensuing case was settled out of court by mutual agreement of all parties concerned and I was acquitted of all charges by a court order in Feb 2011. Currently, I have no civil or criminal cases pending in my name in any court in India. I am well settled with wife and child and currently employed in an MNC. I have applied for Visa 189 after the invite by DIAC and now have to fill out the Immigration Form # 80.

With the above in mind, please let me know what I should state against the said question # 57 Part H. If I answer yes to the above question, will it adversely affect my VISA prospects and cause hindrance to my VISA approval? I again reiterate, currently no cases of any nature are pending against me.

Looking forward to your reply,

Thank You


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Old 10-17-2013, 09:28 PM
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I'm not sure, but I think you would be required to answer Yes (since you were charged) but then you have the opportunity to explain the situation. If it was indeed a minor charge, hopefully it wouldn't be an issue. That's the better option than trying to interpret the situation as a "No" response and running the risk of them deciding you've lied on your application which would undoubtedly result in a refusal of your application.

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Old 10-17-2013, 09:32 PM
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You have been charged with an offense, so you have to answer yes to this. You can explain in the "additional details" section what it was.

The only time this is of concern to Immigration is if you were convicted and had been sentenced to 12 months or more. Obviously neither of these apply to you, so you don't need to worry about it keeping you from getting the visa. HOWEVER, if you don't mention it, it will in all likelihood come up on a background or security check, and you having answered "no" to that question, WOULD be a problem.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 10-17-2013, 10:10 PM
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Thank you so much for the reply. Are you aware of anyone in similar condition and have successfully got the grant?

Thanks again.


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Old 10-17-2013, 11:34 PM
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Yes, many people with actual convictions. Search the board for "conviction" and you'll find multiple posts from multiple people.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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