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Posted by invisius 13 years ago.

I have a charge awaiting legal action. How will this affect my student visa renewal?

I am currently holding a student visa in Australia and have been holding it for the past 7 years. I have just finished secondary schooling and have been offered a place and been given a confirmation of enrolment letter by my university. I am now wanting to renew my Australian student visa and am currently in the process of my application. One of the questions asks whether or not I have any offences currently awaiting any legal action. I am due to appear in the Magistrates’ Court of Victoria to settle a summary offence under the Road Safety Act 1986 for the following offence.

(2) A person is guilty of an offence if that person makes, uses, knowingly has custody or possession of, sells or utters any paper or other material purporting to be a notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised or required by or under this Act.

Penalty: 10 penalty units or imprisonment for 2 months.

Because this is my first offence and was considered to be minor, Victoria Police have recommended me a place in the diversion program, where a good act is performed and I avoid a subsequent police record, fine and imprisonment. This has been made available to me, however, it is up to The Magistrates’ is to decide on whether or not to grant me this diversion when I go to court.

Now, my visa expires well before my court date. I am curious to know whether or not this predicament will prevent me from obtaining my student visa, which is necessary for me to both continue studying and attend my court hearing. Otherwise I would not be able to attend the court hearing at all, if my application is rejected.

I would appreciate your earliest response on the matter.

Kind regards.

2 replies, the latest on 15 February 2011.
Reply from graciedeska 13 years ago.

Seeing it's a minor offence it most likely won't affect your visa renewal. As you can see in the Character Requirements list here (http://www.immi.gov.au/media/fact-sheets/79character.htm), an offence has to be pretty substantial to cause a problem. That said, it would be worth contacting Australian Immigration and double checking to set your mind at rest.

Reply from invisius
OP
13 years ago.

Thank you, graciedeska. Your input is very much valued.

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