Partner Visa Case Study : Partner Sent To Jail, Can I Still Apply?
Partner Visa Case Study : My Partner Is In Jail, Is It Possible to Apply Partner Visa?
In this Partner Visa Casae Study we will give you a detailed explanation about one of rare occassion of Partner Visa cases.
So you’re ready to apply for your partner visa and unfortunately your partner is sent to jail. What happens now? Can you still apply?
Depending on the severity of the offence committed and the length of Jail time you may still be able to apply for your Partner visa, whilst your partner, the sponsor is in jail.
However, if your Partner has been convicted of a crime that is considered a relative offence they may no longer be eligible to be a sponsor, meaning that your Partner visa application would be invalid and refused.
For those whose Partners have already served Prison time, there is also the chance that your visa application may be denied, again depending on the severity of the crime, and the amount of jail time served.
This is also the case for those who have been sentenced to the following:
- Imprisonment for life
- A term of imprisonment of 12 months or more
- 2 or more terms of imprisonment, where the total of those terms is 12 months or more.
The department of Home Affairs (formerly known as the Department of immigration and Border Protection) takes this matter very seriously and has a number of rules in place for sponsors when applying for an Australian Partner Visa.
These rules are put in place to protect the visa applicants as well as the Australian community.
These rules require all sponsors of partner visa applications and prospective marriage visa applications to provide Australian or foreign police checks to the department when requested, and they must consent to the department disclosing their convictions for relevant offences to the visa applicant.
A relevant offence is an offence against a law, either in Australia or overseas, involving:
- Violence, including murder, assault, sexual assault and the threat of violence
- Harassment, molestation, intimidation or stalking
- The breach of an apprehended violence order, or a similar order
- Firearms or other dangerous weapons
- People smuggling
- Human trafficking, slavery-like practices (including forced marriage), kidnapping or unlawful confinement
- Attempting to commit and/or aiding and abetting any of these offences
If a sponsor has convictions for any of the above offences and is considered to have a significant criminal record, the department will refuse the visa unless there are compelling reasons not to.
The following factors will be considered by the department of Home Affairs when reviewing the application:
- The length of time since the sponsor completed the sentence for the relevant offence
- The best interest of any children of the sponsor or primary visa applicant
- The length of the relationship between the sponsor and primary visa applicant.
In short, the Australian Department of Home Affairs has implemented these rules to ensure the safety of its visa applicants, dependent children and the wider Australian community.
Have this Partner Visa Case Study helps you with your case?
If you or your partner have been convicted of an offence and you’re unsure about whether or not it will affect your application, contact us at ONE derland Consulting.
With over 8 years of experience in complex Australian migration laws and procedures, our senior migration agent Indah Melindasari is well rehearsed when it comes to partner visa applications and will be able to tell you what options are open to you for your circumstances.
Our Migration Agent will reassure you that your situation does not seem so hopeless and will set out an action plan for you to move forward with.
It is very important, particularly in these types of situations this Partner Visa case study shown, that you speak to a migration agent that is experienced in complex cases. This Partner Visa case study shows that these circumstances are not straightforward and require tact, a particular strategy and inside knowledge.
Our Migration Agent has all of this required knowledge and will be able to help you.
If you are in a difficult situation of visa and are unsure what the next step you should take or are unsure if you have exceptional circumstances, contact us at ONE derland Consulting on 08 9477 5831.
We also have more Partner Visa case study in our website. Make sure to check them regularly.
You and your family are important to us.
Let us help you in any way we can.