Hello,

I was wondering if anyone has had their partners clearance , "uncleared." My partner has a record although he has been pardoned by the King.We are hoping to go to australia on a spouse visa. it was a drug conviction but he was never dependant on drugs on drugs. Has anyone dealt with an unclean record?

any news would be appreciated

cheers.

The following might assist you. It all depends on the severity of any gaol term he may have served. If a gaol term of more than 12 months was served as a result of a conviction, he may have difficulty in obtaining a visa.

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The character test

A person will fail the character test where:

* they have a substantial criminal record

* they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct

* having regard to the person's past and present criminal conduct, the person is found not to be of good character, and

* having regard to the person's past and present general conduct, the person is found to be not of good character

* 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 (see Fact Sheet 78: Controversial Visa Applicants)

Substantial criminal records

A person is deemed to have a substantial criminal record if they have been:

* sentenced to either death or life imprisonment

* sentenced to a term of imprisonment for 12 months or more

* sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more

* acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

Discretionary powers

When a visa applicant or visa holder does not pass the character test, decision-makers will decide whether to refuse the application or to cancel a visa. Exercise of this discretion will take into account a wide range of factors, including the protection of the Australian community, the expectations of the community, the best interest of any children under 18 years of age, as well as other considerations such as the non-citizen’s links to Australia, and any relevant international law obligations.

The exercise of the discretion is guided by the Minister’s direction made under section 499 of the Act.