jimzmeys

Hi,

Firstly I'm an Australian citizen in a same sex relationship with a British guy who is currently serving for a hit and run sentence. Obviously his realised his mistakes and I'm absolutely DESPERATE to see him move to OZ with me. He is possibly eligible for parole next year and I want to move asap with him. I'm willing to move to OZ or NZ in order to get him a visa or passport to either one, but I am wanting to know what the chances are. I'm 22 and his currently 23. His been sentenced for 5 yrs for this. Upon his release I obviously will do all i can to try guarantee his relocation to either AUS or NZ. I can understand the stringent requirements if your not with an OZ citizen for character requirements, but it's absolutely ludicrous if I cannot bring my same sex partner home with me to live. Will I have grounds to appeal any decision if rejected? What can you recommend we do? I have been in the UK nearly 3 years (entitled to live in UK permanently) and WANT to go home soon to be with my close family. Please advise me because I don't know what to do!?!?! I live in Manchester at the minute too

SillyOldBag

I just posted this on your other thread.... but you are right that this thread should really be here in immigration.

I can't see why it is ludicrous that he might not be able to move with you. He committed a serious offence and one of the prices you pay is that it not only results in serving time but has other ongoing effects, for example harder to find work, difficult to travel to other countries. It's just the way of the world.

Obviously you have done nothing wrong, so it must be beyond frustrating that you are also being effectively penalised, which also comes back to the fact that when someone commits a crime, there is a bigger price to pay than just the time to be served for that person, it effects family, in terms of distress, separation etc...

It seems to me that you will be faced with a difficult choice, either remain in the UK to be with your partner for the forseeable future, maybe when sufficient time has passed without further incident, DIAC may look more favourably, I don't know whether they ever would, or the other choice if you really want to go back to Australia to be with family soon is to move on and start a new life.

You're in a horrible position, no two ways about it.

All I can suggest is speaking to a registered migration agent and ask them what if any chances you have now or in the future. It's best to have all the information you can, so that if/when you do have to make a decision, it can be an informed one.

SillyOldBag

the other thing I would add is that the situation is nothing to do with you being in a same sex relationship, it's more to do with Prison sentence and Character Requirement.

Pollyana

The problem will not be the same-sex relationship(you just apply for an Interdependent Visa (part of the Spouse Visa arena) - it is more the fact he is currently serving a custodial sentence. You probably have more chance of him getting a visa to live in your home country than you would if you were Canadian or American, but its still a problem.

You need advice from a good registered migration agent, and make sure it is one with experience of character issues.

pumpkin blossom

You also have the problem that you won't have been living together for a year before applying. I don't like your chances all round. Your only option may be to stay living in the uk (at least for a few years) or split up. A horrible situation to be in.
I would also contact a migration agent.
Good luck.

Pollyana

I'm thinking if the partner is eligible for parole next year and gets it at least they can start building up time living together. There's no way a visa would be granted while the parole is on-going, so that gives them more time together to build a shared life, which DIAC would want to see. At the end of the parole period then it MIGHT be possible to go for a visa, but thats where I suggest professional advice re how long to leave it before applying, how to approach the character issue, and whether the fact its a partner visa not a skills one will count in their favour - DIAC can apply character waivers the same as health ones for family-stream visas, if they choose to do so.

jimzmeys

Obviously oz shud be first option but as I have an aus passport I'm
Free to live in NZ indefinitely, that's why I thought it may be easier to go there . As for what I'll do now I think I'll have to decide over time n maybe next time I see him in prison I can mention it to him. He won't have any problems moving within the EU as well, will he? Because Spain cud be an option maybe for us.

Dorothy

Yes, he will have a problem moving in the EU. If he's on parole when he leaves prison he will have to abide by the conditions of his parole - which will likely include where he can live, and reporting on a regular basis.

Bermudashorts

You might be free to live in NZ indefinteily, but do you know if it is possible for an Australian passport holder to sponsor someone for a NZ visa?

Anything over 12 months custodial sentence is a problem with Australian visa process. I think that upon release, you might need to spend some time in UK together before you consider applying for the Australian visa. I certainly agree with those that mentioned this is not a do-it-yourself application and you should engage a migration agent when you are ready to apply.

Pollyana

Better check out the NZ forum and NZ agents for rules on going there with convictions then. And he still won't be able to move while on parole.

jimzmeys

Oh that Is so annoying. I am not sure what to do... Maybe I'll leave and come back with a lot more Money or something. Its a once off offence. Do any you honestly believe we have any chance? My mums ex doesn't seem
To think so at all....

Dorothy

No, you don't have any chance while he is either in prison or on parole. None, nada, zip. Once he has finished his parole period and can prove he is an upstanding member of society you can try - Perhaps in 5 years or so.

The fact is that he committed a criminal act and it must have been a pretty serious hit & run if he was sentenced to 5 years imprisonment. He was given a custodial sentence and while it may not be what you want to hear, he's going to have to live with the consequences. And if you want to be his life partner then you are going to have to live with the consequences too. If that means that you have to stay in UK in order to be with him then that's what you're going to have to do.

Your thread title is misleading, since this is not a same sex partner situation. DIAC don't care whether you're same sex, opposite sex, intersex, or desexed. This is a criminal record situation.

Pollyana

Have a good read of this - http://www.immi.gov.au/media/fact-sh...9character.htm and the links within it.

hoofie2002

Blunt advice - you are only 22; move on with your life and find someone else.

DotSpot

Sounds harsh but