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Hello

I have a false 498a case (Criminal case - Marital issue) running in the Indian court along with Maintenance cases. I am the Primary accused in the FIR along with my parents.

Accused 1 - I (Facing Trial in lower court)
Accused 2- Father (name quashed by High court as there is no evidence)
Accused 3 - Mother (name quashed by High court as there is no evidence)

The 498A Case may take 2-3 years to complete in the lower court.

Australian Assessment
**************************************************
I completed my assessment for a nominated occupation recently and the result was positive.

Now I am eligible to apply for State sponsorship, I have 65 immigration points.

I have my passport with me and the case is charge sheet. I have appointed a lawyer in India to look at my case.

I will have no issue in clearing the PCC and medicals. Only the Form 80 (character assessment) wherein the following fields :

Have you been charged with any offense or have proceedings against you overseas or in Australia?

I need to reply - YES.
My opinion, I would not like to hide this fact in my application

My questions
#########
1. How will DIAC respond for such applications ? They do ask for additional information, will detention affect my prospectus of getting a Visa?
2. If I am acquitted in lower court, but the other party filled a appeal I higher court,
will they be any issue with it ?


Please respond.

Thanks
 
G

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You wont get a visa until this concluded and any sentence has been served. If you are found innocent you may then apply.
 

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Hello tan_sur69,

First of all I am sorry for the adversity that you are going through. I am really not sure how this will be viewed in visa processing.

Things what I know is below:

For any visa (Say 189 or 190 or 489), we need Police Clearance Certificate (PCC) from the country where we have stayed for 12 months and above. In India, you may want to get your PCC too. So, a person with FIR, I am really not sure how much impact it will have in getting PCC.

Once you get legal divorce notice, you can certainly go for a visa for yourself provided there is no more legal obligations and there is no problem in getting police clearance certificate.

Secondly, if you want to apply PR only for yourself without your spouse, you can do that always. But given your circumstance of the trail on the case, I am really not sure how it will inhibit your visa process (Like in PCC etc). There is Form 80 which is character assessment, I am really not sure if you have to give all these details too there. So in my view, Form 80 and PCC can have impacts (Since I am not truly confident and do not want to demotivate you either, I would advise you to seek a proper migration lawyer or MARA agent, they can guide you better on this scenario).

I pray that things be smoother at your end.

Best regards,
JR
 

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Hello jre05,
Don't give false hope to tan_sur69. _shel is absolutely right. He have to conclude it with innocence outcome.

please see
Australian Immigration Fact Sheet 1. Immigration - the Background
Also see
Fact Sheet 79 - The Character Requirement
The character test

A person will not pass the character test where:

  1. they have a substantial criminal record
  2. they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention
  3. they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
  4. having regard to the person's past and present criminal conduct, the person is found not to be of good character
  5. having regard to the person's past and present general conduct, the person is found to be not of good character
  6. there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community
.
Also see
Australian Immigration Fact Sheet 78. Controversial Visa Applicants
 
G

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There is a possibility someone could get a visa having a criminal record BUT that would only be after any sentence is carried out and a rehabilitation period has passed with no further crimes being committed.

There is also the issue of what the offence actually is. I did google and read about dowerys and domestic violence, wide scope in 498a.

Some offences are treated very seriously and one might never get a visa for certain violent offences. If they managed to get a visa they would not be able to sponsor a spouse of children due to it.
 

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Hello

I have a false 498a case (Criminal case - Marital issue) running in the Indian court along with Maintenance cases. I am the Primary accused in the FIR along with my parents.

Accused 1 - I (Facing Trial in lower court)
Accused 2- Father (name quashed by High court as there is no evidence)
Accused 3 - Mother (name quashed by High court as there is no evidence)

The 498A Case may take 2-3 years to complete in the lower court.

Australian Assessment
**************************************************
I completed my assessment for a nominated occupation recently and the result was positive.

Now I am eligible to apply for State sponsorship, I have 65 immigration points.

I have my passport with me and the case is charge sheet. I have appointed a lawyer in India to look at my case.

I will have no issue in clearing the PCC and medicals. Only the Form 80 (character assessment) wherein the following fields :

Have you been charged with any offense or have proceedings against you overseas or in Australia?

I need to reply - YES.
My opinion, I would not like to hide this fact in my application

My questions
#########
1. How will DIAC respond for such applications ? They do ask for additional information, will detention affect my prospectus of getting a Visa?
2. If I am acquitted in lower court, but the other party filled a appeal I higher court,
will they be any issue with it ?


Please respond.

Thanks
Hi mate, Have you ever lived in any country (other than India) for more than 12 months? I think Form 80 is needed in that case only. In my case, I lived in the UK for 11 months and in the US for 7 months and hence my CO didn't ask for Form 80.
 

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Hi mate, Have you ever lived in any country (other than India) for more than 12 months? I think Form 80 is needed in that case only. In my case, I lived in the UK for 11 months and in the US for 7 months and hence my CO didn't ask for Form 80.
For real ? Did you even read the question ?
 

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Hello jre05,
Don't give false hope to tan_sur69. _shel is absolutely right. He have to conclude it with innocence outcome.

please see
Australian Immigration Fact Sheet 1. Immigration - the Background
Also see
Fact Sheet 79 - The Character Requirement

Also see
Australian Immigration Fact Sheet 78. Controversial Visa Applicants
Hello Mithu,

Thanks for sharing these links, well I said, I am not confident and not sure too in my post :) I just concluded that, let him visit a proper agent and discuss his case.

Also, I have said in my post that, Form 80 and PCC could be impacted while he goes for a visa. Form 80 - Character assessment, which I mentioned earlier. However, I cannot be confident on the repercussions of this, so suggested MARA agent for still better clarity.

Best regards,
JR
 

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My situation is different…I applied for NSW 149212 and got an invite to apply and filed it. My Wife is in Australia on student visa; however, we have decided to separate. I live in India….I had to get the new passport done so I was suggested that in 2 month we might separate and not to add her name in passport. So I did not add her name. If my NSW invitation is positive and I get an invitation from DBIP…should I mention my wife name and passport details while filling form 80 and let assessing officer know that we are going through separation and that is the reason of her name not being there on passport or just leave it ? Please suggest…
 
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