[Tom and Jerry]

Hi everyone, I have a query with regards to my PR. I have lodged my Eoi. My first wife has lodged domestic violence case against me, but later she had withdrawn the case and we got divorced with mutual consent. Currently, I don't have any criminal history. Only thing was their was a domestic violence case against me lodged by my first wife.
Yesterday, the senate has passed the bill that if a person has a history of domestic violence they cant be applied for partner visa. Please may I know this will impact on my application or not. I have not been convicted. The domestic violence case was withdrawn. I am getting married next month. This is my second marriage. Does this new law impact my second wife's application since my domestic violence case was withdrawn and i am aquitted from all the charges. Please reply me. I am much worried. Thanks a lot in advance waiting for your reply.

Thank you.

 

[Tom and Jerry]

Please please reply if anyone has idea about this.

 

[Tom and Jerry]

I will be very thankful if anyone replies to my query.

 

[Maggie-May24]

It's going to be new legislation and it hasn't been passed yet, so I doubt anyone knows how it may affect a partner visa application. If you're getting married next month and you're still waiting for an invitation to apply for a visa, you can include your new wife in your visa application when you submit it.

 

[Tom and Jerry]

Bro first of all thanks a lot for your reply. I have been aquitted in court. Since my first wife has withdrawn the case, it may not affect my partner's visa application. Please correct me if I am wrong. I am not convicted. So it shouldn't affect my partner's visa application. Waiting for your response.

Thanks a lot bro.

 

[Karak2002]

Bro first of all thanks a lot for your reply. I have been aquitted in court. Since my first wife has withdrawn the case, it may not affect my partner's visa application. Please correct me if I am wrong. I am not convicted. So it shouldn't affect my partner's visa application. Waiting for your response.

Thanks a lot bro.

Hi

How r you ? I read about your queries related to your DV cases.

Did you apply for the Aus Visa and what was the outcome ?

thanks
vik

 

[mustafa01]

Hi

How r you ? I read about your queries related to your DV cases.

Did you apply for the Aus Visa and what was the outcome ?

thanks
vik

He posted another thread a year later enquiring about secondary applicant visa here Partner English Language for Australian PR.

Most probably he got the visa. You can PM him to confirm but everybody's circumstances and different and there is no one fix apply all arrangement. Perhaps, if you could shed some light in your case so that other members can help you.

 

[Karak2002]

He posted another thread a year later enquiring about secondary applicant visa here Partner English Language for Australian PR.

Most probably he got the visa. You can PM him to confirm but everybody's circumstances and different and there is no one fix apply all arrangement. Perhaps, if you could shed some light in your case so that other members can help you.

hi
thanks..and good to know..
I had a similar situation in 2007 when I was charged .by my ex wife...but the case was dismissed in the divorce proceedings that followed and it led to a divorce by mutual consent on 2009. No pending cases or anything. So wanted to know what I should declare in my Character assessment ? I remarried in 2011.
"Charged but not convicted. Case dismissed in divorce proceedings" ?

 

[mustafa01]

hi
thanks..and good to know..
I had a similar situation in 2007 when I was charged .by my ex wife...but the case was dismissed in the divorce proceedings that followed and it led to a divorce by mutual consent on 2009. No pending cases or anything. So wanted to know what I should declare in my Character assessment ? I remarried in 2011.
"Charged but not convicted. Case dismissed in divorce proceedings" ?

You should mention it. Concealing this will only do more harm in future applications. You could also engage and get counsel from Mara agents who specializes in cases where applicant fails character test.

 

[Karak2002]

You should mention it. Concealing this will only do more harm in future applications. You could also engage and get counsel from Mara agents who specializes in cases where applicant fails character test.

I understand and I will not conceal. But what would make me fail the Character assessment ? Which part will make me fail ? I have no pending cases. Are you saying MARA lawyers need to help me, in spite of the fact that in happened 15 yrs ago and all cases are closed?

 

[mustafa01]

I understand and I will not conceal. But what would make me fail the Character assessment ? Which part will make me fail ? I have no pending cases. Are you saying MARA lawyers need to help me, in spite of the fact that in happened 15 yrs ago and all cases are closed?

Australia has very strict Domestic Violence laws and takes it very seriously regardless of applicants being convicted or not. I am not saying you would fail character assessment but what if that particular CO thinks the other way and refuses the application. They don't necessarily need to justify their decisions in details. It would be good to have counsel from Mara agents who deals with similar cases, they can help you with ideas that promotes your best interest like obtaining a NOC's, cover letters explaining the incident, etc. It would be money well spent.

 

[Karak2002]

Australia has very strict Domestic Violence laws and takes it very seriously regardless of applicants being convicted or not. I am not saying you would fail character assessment but what if that particular CO thinks the other way and refuses the application. They don't necessarily need to justify their decisions in details. It would be good to have counsel from Mara agents who deals with similar cases, they can help you with ideas that promotes your best interest like obtaining a NOC's, cover letters explaining the incident, etc. It would be money well spent.

Right. So how much do you think would a MARA lawyer charge me for such a case ?

This is because he will come into action only once the CO has rejected the Visa. Mostly to support my appeal on rejection. CO will anyways take a decision before the appeal and respond or not on the case when we appeal.

I hope the cover letters are allowed when we lodge. Still at CO'S discretion. WDYT?

 

[mustafa01]

Right. So how much do you think would a MARA lawyer charge me for such a case ?

This is because he will come into action only once the CO has rejected the Visa. Mostly to support my appeal on rejection. CO will anyways take a decision before the appeal and respond or not on the case when we appeal.

I hope the cover letters are allowed when we lodge. Still at CO'S discretion. WDYT?

Mara agents usually charge per session or you could engage them to fully handle your application. It's totally up to you. You could contact a mara agent near you to discuss. Search the Register of Migration Agents - Office of the Migration Agents Registration Authority

If you are offshore then you may not get appeals right if your visa is refused. Satisfying character assessment would usually pass by providing PCCs reflecting no criminal charge or conviction but CO/Ministers reserves the ultimate power to refuse applications if they suspect the applicants may not be of good character. Please refer to MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds for more information.

Yes, you can upload cover letters when you lodge an application but that does not mean it has solved the issue and that's why sometimes it is good to seek professional advice from mara agents.

 

[Karak2002]

Mara agents usually charge per session or you could engage them to fully handle your application. It's totally up to you. You could contact a mara agent near you to discuss. Search the Register of Migration Agents - Office of the Migration Agents Registration Authority

If you are offshore then you may not get appeals right if your visa is refused. Satisfying character assessment would usually pass by providing PCCs reflecting no criminal charge or conviction but CO/Ministers reserves the ultimate power to refuse applications if they suspect the applicants may not be of good character. Please refer to MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds for more information.

Yes, you can upload cover letters when you lodge an application but that does not mean it has solved the issue and that's why sometimes it is good to seek professional advice from mara agents.

Thanks..Will do..and I looked up some of the veterans. They are charging by the hour. Will follow the guidance.