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Character test
Old 30th June 2010, 05:45 AM   #1
Allata
 
Join Date: Jun 2010
Location: Gold Coast
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Am I reading this correctly?

"All non-citizens, including sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia, must be assessed against the character requirement."
http://www.immi.gov.au/media/fact-sh...9character.htm

Does this mean that if I, as an Australian citizen by birth, want to sponsor a fiance that I am subject to a character test?
If so, who makes the judgement as to my character?
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Old 30th June 2010, 09:45 AM   #2
nvoorst
 
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Nick van Voorst van Beest Registered Migration Agent
MARN 0640648
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For partner visas, this does not apply to Australian citizens or Australian Permanent Residents, unless family members under 18 are included in the application.


Sponsorship limitation and best interests of the child
Where an applicant includes a dependent family member under 18 years of age in their application, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor has a conviction or an outstanding charge for an offence against a child. There is also a requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the dependent family member.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age are required to submit an Australian National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age, the sponsor must provide an Australian National Police Check. The sponsor must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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Old 1st July 2010, 08:41 AM   #3
Allata
 
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Thanks for your reply Nick, but can you please just clarify for me that even though I might have been in an Australian prison for more than twelve months this will not hinder my eligibility to sponsor a fiance?
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Old 1st July 2010, 09:55 AM   #4
downundervisa
 
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Jeffrey Peter Harvie Registered Migration Agent
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I'll save Nick the task of replying (he's in Cairns, and enjoys the relaxed lifestyle!).

There are questions on "character" in the sponsorship form, but Australian Permanent Residents and Citizens are not required to answer them.

So relax!
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www.downundervisa.com.au,
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www.spousevisaphilippines.com.au
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