NOICR Character Issue Processing Times

[patience]

I'm a big mess of stress. My partner has been asked to respond to a notice of intent to consider refusal of our partner visa application to determine if he is of good character and passes the character test (due to an isolated conviction 2 years ago resulting in a 9 month suspended sentence). We've responded (on our own because we can't afford the specialist services of a migration agent or migration lawyer). We've been advised today that processing times for this is 3-6 months. I cannot cope with this waiting. I don't think that they can refuse the visa, which of course they can. My current state of mind is that they are going to and if they do I have to quit my job, sell my house and car and somehow tell my family and friends that I'm leaving australia. I am terrified about this and don't know what to do to find some confidence that we will be together in australia. Does anyone have any experience with this process and can help me to gain some confidence about the time line or anything positive at all would be helpful. Any information or experience would be most helpful. Even if it's negative, I need to be informed and prepared. THANK YOU!

[nvoorst]

There is nothing that can be done about the processing time. If you don't think your submission will be successful, then maybe you could get someone to look at it and amend it. As I have suggested before try and get assistance here :

http://www.iarc.asn.au/

[digger]

I'm a big mess of stress. My partner has been asked to respond to a notice of intent to consider refusal of our partner visa application to determine if he is of good character and passes the character test (due to an isolated conviction 2 years ago resulting in a 9 month suspended sentence). We've responded (on our own because we can't afford the specialist services of a migration agent or migration lawyer). We've been advised today that processing times for this is 3-6 months. I cannot cope with this waiting. I don't think that they can refuse the visa, which of course they can. My current state of mind is that they are going to and if they do I have to quit my job, sell my house and car and somehow tell my family and friends that I'm leaving australia. I am terrified about this and don't know what to do to find some confidence that we will be together in australia. Does anyone have any experience with this process and can help me to gain some confidence about the time line or anything positive at all would be helpful. Any information or experience would be most helpful. Even if it's negative, I need to be informed and prepared. THANK YOU!

As Nick has mentioned patience, there's nought you can do re time frame and all visa processing can be an arduous and at times a rocky road but I urge you not to make it any rockier thanit will be for you.

You are a ball of emotions at the moment and that's understandable but think long term and use what your name is here as hard as that may be.
Doing a fire sale of your assets and throwing in a job is no way to go!

Just having done a re-read of your original posting patience [ and patience is definitely going to be needed by you ] , and being a wordsworth investigator if you like I think right or wrong the following sentence is the key to any submission you have made or can add to

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.

It is bureau typical if you like in more or less saying we have to go by the evidence presented [ in this case the judgement ] and a bit like how parole boards will desire to see remorse rather than denial.

So reading on, yes there is no doubt that your guy will have regret over his involvement and perhaps it is just finding the right words regardless of what actually happened and in taking a stab at it I would put something together like


I “Joe “ had an involvement with “Josephine” in wherever, having gone there as an immigrant from wherever else seeking work.
Our involvement led to a clash of views [ be it it culture or whatever ] and Josephine reported an altercation which led to police charges against me.

I did have difficulty in dealing with that for I had at that stage been unable to find work, my limited wherever language skills not helping and I received legal aid in defence of the charges.

It had been to me what seemed like a minor matter and there had in fact been no physical harm to Josephine but nevertheless I accept that the legal system of wherever decided on what had been presented to them and I fortunately received a suspended sentence.
He really needs documentation to verify that

I had never before been involved in any violent matter and never in anything criminal that required police or courts action [ other than a traffic infringement notice if there had ever been anything like that or anything else put in his application ].
And again this should be as per PCCs in visa application.

[ You say you can prove it was an isolated incident and if that is so and you can do it clearly without the reference to his Vs her , that may be applicable ]

I would certainly see what you can get from legal aid and if not, all you could do is see if whoever was involved can make a report on his character, though hopefully he wasn’t too emotional at the time!

Re the house renting, is there any chance of a landlord attesting to his good character.

And if he remained in the area and especially if he still is and there have been no problems, maybe he can even go and see the police that laid the charges and explain what his intention is and see if they will make out a brief statement to support that he has not had any further troubles.
If not, any sort of other references to his character will do no harm.

But with or without any of that support, perhaps he just rounds off with a statement to say something like.

I have been residing in wherever for how long [ refence the rental ] since my involvement with Josephine and the court case and have had no further trouble of any kind.

I do declare my regret at the entire affair and know that it is not of my normal character and definitely do not want to see something like this occurring again for I am a law abiding and non violent person.


So if you haven't yet put in a submission, make it as clear and as accountable as possible without neither admitting violence nor denying the outcome and if you have already submitted something, just make sure if you have been given the opportunity for further submission that he does not make any contradictions.

What would be way way outside the box would be if this woman now does not harbour any vindictive thoughts towards Joe and perhaps through a third party was prepared to make a statement saying how it was and that she is sorry for dragging through the charges. But also maybe something that could go against him too! - perhaps too delicate.

But for now, just rest the mind and help him and the situation with a clear head.
See what you can do re some work breaks and cheap flights while you're waiting on a decision.

Hope that helps.

[patience]

Thank you both so much for your responses. They really did help with my mental state. We were notified yesterday by VACCU that my partner has passed the character test. We're so happy. THANK YOU! Now to wait for the visa to be approved?????