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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm trying to immigrate to Australia, my husband is

Customer Question

Hi I'm trying to immigrate to Australia, my husband is Australian and we are currently going through court to get permission to take my son with us (to my ex partner). My ex partner and I had a rocky relationship with some domestic violence involved from my ex to myself. On one occasion I called the police after he had really layed into me, although I had slapped him first after a heavy amount of mental bullying. When I called the police I told them I had slapped him first and because of this I ended up with a caution... I was asked if wanted to take any action against ex because I'd clearly come out a lot worse off than him . But I chose not to. Will this caution prevente from getting a partner visa and work in Australia? We need evidence for court that this will not prevent me from this.
Kind regards
Emma
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

A caution is not a criminal record and the law looks at criminal records.

Section 501 of the immigration act sets out the character test and you have not gone against it.

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

You will not have a problem.

I hope this makes sense and is of assistance, If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon