Davo1980

I wonder if anyone could give some examples of visas that have been granted for people who have a criminal record and vice Versa examples of visas that have been denied because of a criminal record.

I have submitted an EOI with 75 points but am apprehensive about submitting the application for our 190 visa because my husband has a conviction of fraud from 4 years ago. I'm worried about paying so much money and not getting the visa. He was sentenced to 10 months and served 3 so doesn't count as a substantial record but I know that there is still a chance he might not pass the character test.
Could anyone give some advice or share their experiences to help us make a decision. Thanks

spouse of scouse

Hi. From what you've said, your husband's record doesn't include any offences or prison terms that fall under the criteria for mandatory refusal.
https://www.border.gov.au/about/corp...ts/79character

I'm afraid that's the best information prior to submitting an application that anyone can give you with certainty, including DIBP and immigration agents. Others may share their stories, but as each case/individual is so different it won't be a great deal of use.

I do know that other people who've applied for a PR visa with a criminal record (that doesn't fall under mandatory refusal) have provided additional information to assist the case officer, including a letter explaining the circumstances of the offence, any mitigating circumstances, and what they've learned from the process. Some have provided this information voluntarily at the time of application, others have provided it on the request of their assessing case officer.

Wishing you and your husband the best of luck.

verystormy

I would get an agent involved.

Davo1980

Thank you I do plan to get an agent. I would still like to hear people's experiences and get some examples to help me make my decision.

Davo1980

Thank you for your reply. We are starting to gather evidence now to submit, things like his probation report, statements from his employers and his therapist. Are these the kinds of things we would be expected to submit?

rammygirl

Problem is that they have tightened up on this criteria so someone applying a few years back may not have had a problem but would now.

Davo1980

Thanks, do you think we don't really stand a chance now then?

rammygirl

No I am saying that someone giving their experience from a few years back may not be helpful.

As the conviction is quite recent I would be seeking professional advice on how to present your case.
This criteria is quite personal after all one conviction for fraud could be very different from another. They look at each case individually. They also look at previous record.

I am not sure how other peoples situations are relevant unless they are exactly the same as yours.

Davo1980

Yes, not expecting get a difinitive answer just thought comparing other people's situations to ours may help me assess how seriously they may view my husbands conviction.

old.sparkles

However they viewed someone else's conviction will have no bearing on how they view your husbands. The best advice will be to seek professional advice from a MARA agent, who can give you better guidance.

Richard_Gregan

I do specialise in more challenging cases where a conviction may be an issue, but I would concur that every case must be assessed on an individual basis. General advice is not appropriate in such cases.

Regards,

Richard