Can I send in my onshore partner visa without the criminal check?

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Can I send in my onshore partner visa without the criminal check?


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Old 09-09-2010, 12:23 AM
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Can I send in my onshore partner visa without the criminal check?

Hi all,
I'm a Canadian recently engaged to an Australian. I've been in Australia, living with my fiance since December of 2009, we were engaged only a week ago. I need to start the ball rolling on an Onshore Partner visa, but have discovered that a criminal records check from Canada can take as long as 4 months.

Is it possible (or advisable) to start the application process without the criminal check? Will this cause further delays if I do start the process without it?

Everyone here seems to have a wealth of information, and god knows I need all the help I can get!

Any insight is appreciated


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Old 09-09-2010, 12:37 AM
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You can submit your application without the police check. It's actually advised not to do so until requested although lots of people prefer to front load their applications (send it all in at the beginning). You might want to consider holding off on the medical exam a short while as that has to be current, just in case the police check takes longer.

4 months sounds like a crazy amount of time! Surely Canada would be able to turn it around quicker....? Is there an urgency fee?

If you submit the application now you'll then receive the request for the med and police checks from your CO. (i'm applying offshore so not sure how long that email takes to get to you onshore). That email will probably state that you have to have everything sent in within 28 days so keep that in mind also. However the police check taking 4 months is out of your hands so i'm sure they won't cancel your application as long as you advise that you're waiting on it. It will probably just get put on the back burner until all your stuff arrives.


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Old 09-09-2010, 01:07 AM
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Quote:
Originally Posted by desdeBsAs View Post
You can submit your application without the police check. It's actually advised not to do so until requested although lots of people prefer to front load their applications (send it all in at the beginning). You might want to consider holding off on the medical exam a short while as that has to be current, just in case the police check takes longer.

4 months sounds like a crazy amount of time! Surely Canada would be able to turn it around quicker....? Is there an urgency fee?

If you submit the application now you'll then receive the request for the med and police checks from your CO. (i'm applying offshore so not sure how long that email takes to get to you onshore). That email will probably state that you have to have everything sent in within 28 days so keep that in mind also. However the police check taking 4 months is out of your hands so i'm sure they won't cancel your application as long as you advise that you're waiting on it. It will probably just get put on the back burner until all your stuff arrives.
Four months is the timeline they give, due to a high volume of demand. Apparently they are processing in excess of 20,000 requests a month! If I were actually in Canada it would take a week or so, because the prints would be submitted electronically. Sadly, I'll have to send off a set of paper prints that I've had done in Australia and play the waiting game.

I'll definitely get the rest of the paperwork that I require and send it in asap. Hopefully I can get it all done by the end of next week. I'm sure I'll be back with more questions!



Thanks!


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Old 09-09-2010, 03:10 AM
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The general rule of thumb has been submitt with onshore applications and wait until requested with offshore applications and though there are some statements re that for some visas, there does seem to be a more flexible approach with family stream visas and so really up to applicants unless it is specifically stated for something to be essential for an application to be accepted.
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) Checklist indicates any results of Character checks to be included, so not mandatory.

You do need to have a full twelve months relationship or a waiver for an application to be successful so I'd not go putting an application in until you meet that requirement.

If you've not yet got your fingerprints done, you could find that may mean another couple of months needs to be allowed for too.
So if there are any delays, once you have an application in and a CO makes a request, just make sure you get back to them promptly by email with an accurate as possible indication of when the checks will be available.
You'll need an AFP check too once you have 12 months living in Australia you realise do you?

And the visa you have been here on, if say a WHV will be OK re not having a No Further Stay condition but if it has been a tourist visa, you had better check that.
If you are on a WHV and have not done three months regional work or WWOOF Australia Official Website to qualifiy for a second WHV you will also want to consider how you get past the 12 months requirement and some people do consider a trip out of Australia in the last week of their WHV and then get an ETA for returning.





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