Will I be accepted....?
Sep 13th 2009, 1:56 pm
#1
Just Joined
Thread Starter
Joined: Sep 2009
Posts: 3
Will I be accepted....?
Hello everyone, I was wondering if someone here could give me some advice on my situation.
I’ve been married to my Australian wife for 9 years now and we have a 8 year old who is also an Australian citizen, last year we decided to move to Australia, so they left first while I sold our things and started applying for my spouse visa .
I have come across a problem with the character assessment bit were I need to produce police clearance certificates from the counties I have lived in…in the last 10 years.
I have managed to get clearances from all the European countries that I have live in with no problems, but I´m having a problem with a gulf country were I lived an ran a business for a few years.
In the late nineties I had a company in Bahrain that went bankrupt (to cut a long story short) and ended up owing some money to some contractors & the bank, unfortunately in that country there is no bankruptcy law and its is a crime to bounce cheques, which is what happened to me.
Cutting a long story short, I have now found out that I have a ban from that country and I cant get a police clearance from them as I have been told I am a criminal in that country…
My question is, is there any way I can explain the situation to the immigration in Australia, since its not a crime in places like Europe the US or Australia, were the laws are a bit more advanced more thought throw.
Or am I just wasting my time and money trying to get a permanent residence in Australia.
Any input would be appreciated.
I’ve been married to my Australian wife for 9 years now and we have a 8 year old who is also an Australian citizen, last year we decided to move to Australia, so they left first while I sold our things and started applying for my spouse visa .
I have come across a problem with the character assessment bit were I need to produce police clearance certificates from the counties I have lived in…in the last 10 years.
I have managed to get clearances from all the European countries that I have live in with no problems, but I´m having a problem with a gulf country were I lived an ran a business for a few years.
In the late nineties I had a company in Bahrain that went bankrupt (to cut a long story short) and ended up owing some money to some contractors & the bank, unfortunately in that country there is no bankruptcy law and its is a crime to bounce cheques, which is what happened to me.
Cutting a long story short, I have now found out that I have a ban from that country and I cant get a police clearance from them as I have been told I am a criminal in that country…
My question is, is there any way I can explain the situation to the immigration in Australia, since its not a crime in places like Europe the US or Australia, were the laws are a bit more advanced more thought throw.
Or am I just wasting my time and money trying to get a permanent residence in Australia.
Any input would be appreciated.
Sep 13th 2009, 4:02 pm
#2
Forum Regular
Joined: Sep 2008
Posts: 207
Re: Will I be accepted....?
The general rule of thumb seems to be that only violent crimes on your PCC is an automatic no. I'm sure in your case if you explain your situation and DIAC doesn't see you as a career fraudster looking to swindle hard-working Ozzies out of their money it shouldn't be a problem.
Sep 13th 2009, 11:04 pm
#3
Just Joined
Thread Starter
Joined: Sep 2009
Posts: 3
Re: Will I be accepted....?
The general rule of thumb seems to be that only violent crimes on your PCC is an automatic no. I'm sure in your case if you explain your situation and DIAC doesn't see you as a career fraudster looking to swindle hard-working Ozzies out of their money it shouldn't be a problem.
Sep 14th 2009, 12:27 am
#4
Still alive
Joined: Jan 2006
Posts: 28,994
Re: Will I be accepted....?
its is a crime to bounce cheques, which is what happened to me.
My question is, is there any way I can explain the situation to the immigration in Australia, since its not a crime in places like Europe the US or Australia, were the laws are a bit more advanced more thought throw.
.
My question is, is there any way I can explain the situation to the immigration in Australia, since its not a crime in places like Europe the US or Australia, were the laws are a bit more advanced more thought throw.
.
Sep 14th 2009, 3:00 am
#5
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Will I be accepted....?
Dear PB,
It's all going to depend on the circumstances, given that "bouncing cheques" might be as serious as fraud or as innocent as forgetfulness. Yes a spouse visa could be refused on character grounds, suggest you get proper advice and probably not a good idea to discuss all this on a public forum.
Cheers,
George Lombard
It's all going to depend on the circumstances, given that "bouncing cheques" might be as serious as fraud or as innocent as forgetfulness. Yes a spouse visa could be refused on character grounds, suggest you get proper advice and probably not a good idea to discuss all this on a public forum.
Cheers,
George Lombard
Sep 14th 2009, 4:15 pm
#6
Just Joined
Thread Starter
Joined: Sep 2009
Posts: 3
Re: Will I be accepted....?
Dear PB,
It's all going to depend on the circumstances, given that "bouncing cheques" might be as serious as fraud or as innocent as forgetfulness. Yes a spouse visa could be refused on character grounds, suggest you get proper advice and probably not a good idea to discuss all this on a public forum.
Cheers,
George Lombard
It's all going to depend on the circumstances, given that "bouncing cheques" might be as serious as fraud or as innocent as forgetfulness. Yes a spouse visa could be refused on character grounds, suggest you get proper advice and probably not a good idea to discuss all this on a public forum.
Cheers,
George Lombard
Sep 14th 2009, 6:24 pm
#7
BE Forum Addict
Joined: Oct 2006
Location: Nowhere - I'm a travelling (wo)man!
Posts: 2,362
Re: Will I be accepted....?
If this all happened in the late 1990's, isn't that more than 10 years ago? Or is it so close to 10 years ago that you could delay your application so that you don't need clearance from that particular country? Not ideal if your family is already in Australia, but might be a solution....
Or get in touch with George and see if he can help in a professional capacity (or with Ian Harrop if you would rather see someone in the UK).
Or get in touch with George and see if he can help in a professional capacity (or with Ian Harrop if you would rather see someone in the UK).
Sep 14th 2009, 6:42 pm
#8
BE Forum Addict
Joined: Sep 2008
Location: Scotland-South Africa-Sunshine Coast
Posts: 1,333
Re: Will I be accepted....?
I know of people that have been asked by their CO for PCC's from countries that they lived in 15+ years ago so I wouldn't chance that they may/may not ask 
At the end of the day (sorry if I sound self righteous
)......you have to live by the rules of whichever country you choose to reside.
At the end of the day (sorry if I sound self righteous
)......you have to live by the rules of whichever country you choose to reside.
Sep 14th 2009, 10:26 pm
#9
Recession Surfing 2006 ->
Joined: Sep 2007
Location: Northern Edge of Melbourne
Posts: 1,254
Re: Will I be accepted....?
I think at the end of the day your going to have to pay the extra for a migration lawyer, the reason is the same as no-one on here being able to give you an answer.
If you want to emigrate to Australia this is what its going to cost you. You could just do it yourself and if you get refused you get refused.
Best of luck with it.
If you want to emigrate to Australia this is what its going to cost you. You could just do it yourself and if you get refused you get refused.
Best of luck with it.
Sep 14th 2009, 11:16 pm
#10
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Will I be accepted....?
Hi George, thanks for you input, its a long story ofcouse and as you mention its better not to put it all here....I did contact some immigration lawyers in Australia and they basiclly said that I had to pay them 4000au$ for them to take the case and it would end up costing me between 15 to 20,000au$ but couldn´t tell me what chances I had. as you can understand its a lot of money to pay without having any idea wether they could get me the visa, thats the reason I have posted my problem here to see if anyone could give me a better answer.
Those charges sound totally over the odds when I reckon that in most cases A$1100 would cover it - I think I can guess who the lawyer might have been. If it could also involve an AAT matter (refusal and appeal) then yes, the fees could be about a quarter of what you were quoted.
Cheers,
George Lombard
