Unbelieveable stress

[patience]

I'll try to keep this short. My partner is living in Europe. I am in Australia. We've applied for the prospective marriage visa. He has a conviction for violence against women 2 years ago. He received a 9 month sentence, which he did NOT serve. Due to this immigration has issued a notice of intent to consider refusal of our visa. We can't afford a migration agent so have responded ourselves. We have to prove he is of good character. We are having trouble doing this because he is not been working and can't provide a reference from an employer. We also don't have anything from the court or police which says he didn't go to prison. We do have a house contract that shows he was renting immediately following the sentencing. We can prove this was an isolated incident, where in fact it was his word against hers. She has no injuries, but she was a national and him an immigrant, who didn't speak the language very well. We've had no issues in proving that our relationship is genuine and continuing. We just now have to prove he is of good character and I'm not sure if we've done it well. Anyone have any experience with these types of problems? Can anyone help me settle my stress which relates to me having to sell up and quit my job and relocate to Europe? Has anyone had any experiences with the VACCU process and can provide anything to ease the stress? Thank you!

[digger]

I'll try to keep this short. My partner is living in Europe. I am in Australia. We've applied for the prospective marriage visa. He has a conviction for violence against women 2 years ago. He received a 9 month sentence, which he did NOT serve. Due to this immigration has issued a notice of intent to consider refusal of our visa. We can't afford a migration agent so have responded ourselves. We have to prove he is of good character. We are having trouble doing this because he is not been working and can't provide a reference from an employer. We also don't have anything from the court or police which says he didn't go to prison. We do have a house contract that shows he was renting immediately following the sentencing. We can prove this was an isolated incident, where in fact it was his word against hers. She has no injuries, but she was a national and him an immigrant, who didn't speak the language very well. We've had no issues in proving that our relationship is genuine and continuing. We just now have to prove he is of good character and I'm not sure if we've done it well. Anyone have any experience with these types of problems? Can anyone help me settle my stress which relates to me having to sell up and quit my job and relocate to Europe? Has anyone had any experiences with the VACCU process and can provide anything to ease the stress? Thank you!
Did he have legal representation for the violence case as that is what I would build your case on.
It would seem that DIAC are basing their decision on the face value of what the court decided and that is what you need to undermine.
There would also be a reason is there not for him not having to serve the time re the sentence and you would expect that there is some documentation in respect to that as well or if not and it has occurred in a bonafide way, it ought to be possible to get a report from authorities.

[nvoorst]

We can't afford a migration agent so have responded ourselves.

You could try and get assistance here : http://www.iarc.asn.au/

[patience]

He did have "legal aid", however, the case was heard the day after the incident and it was all done and dusted within 24 hours. DIAC advises that they will not be re-trying him; they'll be basing their decision on the evidence provided which is the penal report, so as you say, on face value. From what I've understood, we are best placed to express his regret for his involvement in the incident and advise that it will not happen again. We've been told that we SHOULD NOT suggest that he he was treated unfairly or is innocent. He needs to accept his involvement and apologise. He has found this difficult, but he does regret his involvement and he is sorry, however, he did not assault anyone. Her word against his. Anyway, we've attempted to obtain something from the authorities, and again, he is having difficulties obtaining anything to help this situation. It's so hard. I'm so scared. Thanks for your responses.