Partner Visa Drink Driving Conviction

A partner visa drink driving conviction is a criminal record that must be disclosed in a partner visa application and assessed against the character requirement. A partner visa drink driving matter is common, and in most cases a single offence dealt with by a fine and licence disqualification does not by itself prevent a partner visa. However, a partner visa drink driving history can lead to closer scrutiny, requests for court records and, where the history is serious or repeated, a formal character assessment that could lead to refusal.

This guide explains how a partner visa drink driving conviction is treated, what must be disclosed, when the character test is engaged, how the Department and the Administrative Review Tribunal decide character matters, and what evidence helps. For the wider partner visa picture, read our complete guide to partner visas in Australia. For advice on your own record, our partner visa lawyers can review it before you lodge.

Does a partner visa drink driving conviction stop a partner visa?

No, not automatically. A partner visa drink driving conviction does not by itself stop a partner visa from being granted. Every partner visa applicant must satisfy public interest criterion 4001, the character requirement. That requirement is usually met unless the applicant fails the character test in section 501(6) of the Migration Act 1958, or there is reason to believe they would fail it.

Most single drink driving offences are dealt with by a fine, a period of licence disqualification and sometimes a good behaviour order. Those penalties do not, on their own, create a substantial criminal record under section 501(7). Many applicants with a single offence on their record are granted partner visas after disclosing it and providing the documents requested.

The position is different where the partner visa drink driving history is serious. Repeated offences, high readings, driving while disqualified, offences causing injury or death, and sentences of imprisonment can all bring the character test into play. In those cases, the Department may formally consider refusing the visa on character grounds.

The character requirement for partner visas

Every partner visa, including the Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 visas, requires the applicant to satisfy public interest criterion 4001. Members of the family unit included in the application must also satisfy it. The criterion is satisfied if the applicant passes the character test, if the Minister is satisfied after appropriate inquiries that there is nothing to indicate the applicant would not pass it, or if the Minister has decided not to refuse the visa despite the applicant not passing it.

The character test is in section 501(6). A person does not pass it if, among other things:

• the person has a substantial criminal record, as defined in section 501(7);
• having regard to the person's past and present criminal conduct, the person is not of good character;
• having regard to the person's past and present general conduct, the person is not of good character; or
• there is a risk that the person would engage in criminal conduct in Australia or represent a danger to the Australian community.

There are other grounds, but those are the ones most relevant to a partner visa drink driving history.

Substantial criminal record

Under section 501(7), a person has a substantial criminal record if, among other things, they have been sentenced to a term of imprisonment of 12 months or more, or to two or more terms of imprisonment that total 12 months or more. A partner visa drink driving offence that results only in a fine and disqualification does not create a substantial criminal record. A drink driving offence that results in imprisonment can contribute to one, especially where there are several offences.

Past and present criminal conduct and general conduct

A person can fail the character test without a substantial criminal record if, having regard to their past and present criminal or general conduct, they are not of good character. A pattern of repeated drink driving, particularly with escalating penalties or offences committed while disqualified, may be relevant here. Decision makers look at the whole history, including how recent the conduct is, whether it has continued, and what the person has done to address it.

Risk to the community

A person can also fail the character test if there is a risk that they would engage in criminal conduct in Australia or represent a danger to the community. Drink driving is treated seriously because of the risk it poses to other road users. A recent or repeated partner visa drink driving history may lead a decision maker to consider this ground.

Why partner visa drink driving offences are treated seriously

Partner visa drink driving offences are treated seriously because drink driving puts other people at risk. The character test and the Ministerial direction both focus on the protection of the Australian community, and road safety is part of that. A decision maker considering a partner visa drink driving history will ask what harm the conduct caused or could have caused, and whether it is likely to happen again.

That does not mean every offence is treated as grave. A single low range offence, dealt with by a fine and promptly addressed, is generally understood very differently from repeated offending. But it does mean that applicants should never treat a drink driving offence as trivial. The way the applicant describes the offence, and the steps taken since, tell the decision maker a great deal about the risk of reoffending.

The Australian community's expectations are also part of the assessment under the Ministerial direction. Community attitudes to drink driving have hardened over many years, and decision makers are aware of that. A response that shows the applicant understands why drink driving is taken seriously is far more persuasive than one that argues it should not be.

Low, mid and high range partner visa drink driving offences

Drink driving offences are usually graded by the level of alcohol detected, and the grading affects the penalty. The thresholds and penalties are set by each state and territory and differ between them. In general, a low range offence attracts a lower penalty, while a high range offence attracts heavier penalties, longer disqualification and, in some cases, imprisonment, particularly for repeat offences.

For a partner visa drink driving assessment, the grading matters because it indicates the seriousness of the conduct and the risk. A high range offence, or a refusal to provide a sample, is likely to receive closer attention than a low range offence. The court documents should show the grading, the reading where recorded, and the penalty, so that the decision maker does not have to guess.

What counts as a partner visa drink driving offence

A partner visa drink driving offence includes any offence of driving, or attempting to drive, with a prescribed concentration of alcohol, driving under the influence of alcohol, refusing or failing to provide a breath or blood sample, and related offences such as driving while disqualified after a drink driving conviction. Offences involving drugs are treated in a similar way. Offences committed overseas count as well as offences in Australia.

The seriousness of a partner visa drink driving offence depends on the reading, whether it is a first or repeat offence, whether the person was disqualified at the time, whether there was an accident, whether anyone was injured, and the penalty imposed. A low range first offence dealt with by a fine is very different, in character terms, from a high range repeat offence committed while disqualified that resulted in imprisonment.

Court outcomes without a recorded conviction

In some cases, a court finds a person guilty of drink driving but does not record a conviction, or deals with the matter by way of a dismissal or a good behaviour order. The forms ask about charges, convictions and other court outcomes, and the questions should be read carefully and answered fully. Where in doubt, the outcome should be disclosed, with the court documents that explain it.

Infringement notices

Some low level drink driving matters in some jurisdictions are dealt with by an infringement notice rather than a court. Whether such a matter must be disclosed depends on the precise question asked in the form. The safest course is to obtain advice and to disclose anything that might fall within the question.

Drink driving compared with other driving offences

Drink driving is not the only driving offence that appears in partner visa applications. Speeding, driving unlicensed, driving while suspended, negligent or dangerous driving, and failing to stop after an accident all appear regularly. Each must be disclosed if the forms ask about it.

In character terms, partner visa drink driving offences are generally treated more seriously than minor traffic offences, because of the risk they pose to others. Dangerous driving causing injury or death is more serious again, and is more likely to result in imprisonment. A history that combines drink driving with other driving offences, such as driving while disqualified, may be seen as a pattern of disregard for the law, which is relevant to whether the person is of good character. The response should deal with the whole driving history, not only the drink driving offence.

Disclosure: the most important rule in a partner visa drink driving matter

The most important rule in a partner visa drink driving matter is to disclose. The partner visa forms ask about criminal history, and a Form 80 personal particulars form, which is often requested, asks again in detail. Police certificates from Australia and overseas will usually reveal the offence anyway.

Failing to disclose a partner visa drink driving conviction turns a manageable character issue into an integrity issue. Public interest criterion 4020 can be engaged where information that is false or misleading in a material particular is given in relation to the application. A refusal under public interest criterion 4020 can prevent the grant of a further visa for a period. A failure to disclose also damages credibility in every other part of the application, including the relationship evidence.

Disclosure should be complete. That means every offence, in every country, including old offences, offences where no conviction was recorded and offences the applicant believes are minor. Where a record may be treated as spent or removed under another law, the applicant should obtain advice before assuming it need not be disclosed in a migration application. The safest approach is to disclose and explain.

Police certificates and court records

Partner visa applicants must provide police certificates. In Australia, this is a national police check from the Australian Federal Police. Applicants who have lived in other countries for a total of 12 months or more in the last ten years since turning 16 generally need police certificates from those countries as well. The certificates will show many partner visa drink driving offences.

Where a police certificate shows an offence, the Department will usually want to know more. The applicant should be ready to provide the court record or certificate of conviction, the charge sheet or facts sheet, any sentencing remarks, evidence of the penalty imposed and evidence that it has been completed. Providing these with the application, together with a short explanation, often avoids a request and shows the decision maker that the applicant is being open.

Police certificates have a limited period of validity for visa purposes. If processing takes a long time, the Department may ask for new certificates. Our guide to the partner visa document checklist lists the documents usually required.

How the Department assesses a partner visa drink driving history

The Department assesses a partner visa drink driving history in two stages. First, it decides whether the applicant passes the character test, or whether there is reason to believe they would not. Second, if the applicant does not pass, it decides whether to refuse the visa under section 501, exercising a discretion guided by a written direction from the Minister.

For many applicants with a single, minor partner visa drink driving offence, the first stage ends the inquiry. The decision maker is satisfied that there is nothing to indicate the applicant would fail the test, and the application proceeds. For applicants with a more serious history, the decision maker may conclude that the applicant does not pass the test, or that further assessment is needed.

Notice of intention to consider refusal

Where the Department is considering refusing a partner visa on character grounds, it will usually send a notice of intention to consider refusal. The notice sets out the information the Department relies on and invites the applicant to respond within a short period. This is the most important document in a partner visa drink driving matter that has reached the character stage. The response must address both whether the applicant fails the character test and, if so, why the discretion should be exercised in their favour.

The Ministerial direction

Decision makers exercising the discretion to refuse under section 501 must follow a written direction made by the Minister under section 499 of the Migration Act 1958. The direction sets out the considerations that must be taken into account. In broad terms, they include the protection of the Australian community, any family violence, the strength and nature of the person's ties to Australia, the best interests of minor children in Australia who would be affected, and the expectations of the Australian community. Other considerations, such as the impact on family members and the extent of any impediments if the person had to leave Australia, may also be weighed.

The direction is updated from time to time, and the current version at the time of the decision applies. A response to a notice should be prepared against the direction that will apply to the decision.

Protection of the community

In a partner visa drink driving matter, the protection of the community is usually the central consideration. The decision maker will look at the nature and seriousness of the conduct and the risk of reoffending. Drink driving is treated seriously because of the danger to others. A history that includes an accident or injury will weigh heavily. Evidence that the risk is low, such as completion of a rehabilitation program, a long period without reoffending, and changed circumstances, is critical.

Ties to Australia and family interests

The applicant's relationship with an Australian partner is itself a tie to Australia. Where there are children, their best interests are a primary consideration. The impact on the Australian partner and family if the visa were refused, and the extent of any impediments to the family living elsewhere, are also relevant. A partner visa drink driving response should present these matters with evidence, not just assertions.

Evidence that helps in a partner visa drink driving matter

Evidence that helps in a partner visa drink driving matter shows that the conduct is understood, that the penalty has been completed, that the risk of reoffending is low, and that refusal would cause real harm to the applicant's family. Useful evidence includes:

• court documents, including the facts, the charge, the outcome and any sentencing remarks;
• evidence that fines have been paid and disqualification periods completed;
• a current driving licence record showing no further offences;
• evidence of completing a drink driving education or intervention program;
• evidence of counselling or treatment for alcohol use, where relevant;
• evidence of completing any interlock period imposed;
• a statement from the applicant explaining the offence, accepting responsibility and describing what has changed;
• references from employers, community members and others who know the applicant well;
• statements from the Australian partner and family about the relationship and the effect of refusal; and
• evidence about any children and their relationship with the applicant.

Where the offence was some time ago and there has been no further offending, the passage of time is itself important evidence. Where the offence is recent, the evidence of rehabilitation must be stronger.

The applicant's own statement

The applicant's statement about a partner visa drink driving offence should be honest, specific and free of excuses. It should describe what happened, accept responsibility, explain what the applicant has learned, and describe the steps taken to make sure it does not happen again. A statement that minimises the offence or blames others is likely to count against the applicant. A statement that shows genuine insight can carry real weight.

References

References should come from people who know the applicant well and know about the offence. A reference that does not mention the offence carries less weight, because the decision maker cannot tell whether the writer knows about it. Each reference should explain the writer's relationship with the applicant, how long they have known them, what they know about the offence, and their observations of the applicant's character and conduct since.

Partner visa drink driving and alcohol use

Where a partner visa drink driving history reflects a problem with alcohol, the evidence of what the applicant has done about it becomes central. A decision maker assessing the risk of reoffending will want to know whether the underlying cause has been addressed. Evidence of assessment and treatment by a doctor, counsellor or specialist service, ongoing participation in a support program, and the opinion of a treating practitioner about the applicant's progress can all be valuable.

This evidence should be provided carefully. Medical and counselling records are personal, and only what is relevant should be provided. A short report from a treating practitioner that describes the treatment, the applicant's engagement and the practitioner's view of the current position is usually more useful than a full set of records. Where the applicant has stopped drinking, or reduced it significantly, evidence of that change, such as statements from the partner and others in the household, can support the account.

The partner visa health requirement is separate from the character requirement. Applicants complete health examinations as part of the process. Where an applicant has received treatment for alcohol use, the health questions should be answered accurately, and any relevant reports provided if requested.

Partner visa drink driving and the relationship evidence

The relationship evidence plays two roles in a partner visa drink driving matter. First, the relationship must be proved in the usual way, regardless of the character issue. Second, where the character discretion is engaged, the relationship and its effect on the applicant's family are among the considerations weighed against refusal.

The Australian partner's statement can address both. It can describe the relationship, its history and the couple's shared life. It can also describe what the partner knows about the offence, the changes they have seen in the applicant since, the support they provide, and the effect that refusal would have on them and on any children. A partner who has seen the applicant address the offence is often the most persuasive witness to that change.

Where there are children, evidence of the applicant's role in their lives, such as school involvement, care arrangements and statements from others who see the family, is important. The best interests of minor children in Australia are a primary consideration under the Ministerial direction.

Repeat offences and serious partner visa drink driving histories

Repeat offences and serious partner visa drink driving histories need careful handling. Where an applicant has several drink driving offences, offences while disqualified, or an offence that caused injury or death, the Department is more likely to conclude that the character test is not passed, and the discretion becomes the focus.

In these matters, the response should deal directly with the pattern of offending. It should explain the circumstances of each offence, what has changed since the last one, and why the risk is now low. Expert evidence, such as a report from a psychologist or addiction specialist assessing the risk of reoffending, may be valuable. Evidence of sustained abstinence or controlled drinking, ongoing treatment and stable employment can all help. The relationship evidence, and the impact of refusal on the partner and any children, should be presented fully.

Honesty is especially important where the history is serious. A decision maker who finds that an applicant has understated a serious history is unlikely to accept the rest of the applicant's evidence. In a serious partner visa drink driving matter, the applicant's credibility is often the single most important asset, and it should be protected at every step from the first form to the final hearing.

A partner visa drink driving offence while the application is being processed

A partner visa drink driving offence committed while the application is being processed is particularly risky. Most onshore partner visa applicants hold a bridging visa while the application is processed. A criminal charge or conviction can lead to the cancellation of a bridging visa and to detention. It also has to be disclosed to the Department as a change in circumstances.

Any applicant charged with a drink driving offence while a partner visa is being processed should obtain migration advice immediately, before the court hearing if possible. The outcome of the criminal case, including whether a conviction is recorded and whether imprisonment is imposed, can have significant migration consequences. The criminal lawyer and the migration lawyer should work together. Changes in circumstances are notified using Form 1022. Our guide to Bridging Visa A explains the bridging visa most onshore partner applicants hold, and our visa cancellations page explains how cancellation works.

A partner visa drink driving offence after the visa is granted

A partner visa drink driving offence after grant can also have consequences. A temporary partner visa, such as the Subclass 820 or Subclass 309 visa, can be cancelled on character grounds, and the permanent Subclass 801 or Subclass 100 visa requires the character requirement to be met again. A serious offence before the permanent visa is decided may lead to a character assessment at that stage. Even after a permanent visa is granted, a person who is not an Australian citizen can have their visa cancelled on character grounds in some circumstances. Our guide to Subclass 820 and Subclass 801 explains how the two stages connect.

The sponsor's driving offences

A sponsor's partner visa drink driving history is assessed differently. The sponsor must provide police checks, and sponsorship can be affected where the sponsor has been convicted of certain serious offences, particularly offences involving violence or offences against children. Drink driving is not generally the kind of offence those rules are directed at, but it must still be disclosed truthfully in the sponsorship form. Our pages on partner visa sponsorship limitations and when a sponsor cannot sponsor a partner visa explain the sponsor rules.

What decision makers look for in a partner visa drink driving response

A decision maker reading a response to a notice of intention to consider refusal in a partner visa drink driving matter is looking for answers to a small number of questions. How serious was the offending? Is it isolated or part of a pattern? How long ago was it? Has the applicant accepted responsibility? What has changed since? What is the risk that it will happen again? What would refusal mean for the applicant's partner, children and family in Australia?

A strong response answers each question directly, with evidence. It does not argue that drink driving is unimportant. It does not attack the police or the court. It explains the offence honestly, shows the steps taken since, presents independent evidence of change, and sets out the family's circumstances. Where the law is engaged, it addresses the character test and the Ministerial direction in a structured way, so the decision maker can see that every consideration has been covered. A partner visa drink driving response that leaves a question unanswered invites the decision maker to answer it unfavourably.

Review of a partner visa drink driving refusal

Review of a partner visa drink driving refusal depends on how the refusal was made. There are two main routes, and the time limits are very different.

Refusal on character grounds under section 501

Where a delegate of the Minister refuses a partner visa under section 501 on character grounds, the decision can generally be reviewed by the Administrative Review Tribunal. Where the person is in the migration zone, the application for review must be lodged within 9 days after the day the person was notified of the decision, and the ART cannot extend that period. The ART must also decide these reviews quickly. If it has not decided the review within 84 days after the person was notified of the original decision, it is taken to have affirmed the decision.

These rules make a partner visa drink driving refusal under section 501 one of the most time critical matters in migration law. The response to the notice of intention, the review application and the evidence for the hearing should all be prepared with the timetable in mind. A decision made personally by the Minister is not reviewable by the ART, and the only remedy may be judicial review, which has its own strict time limits.

Refusal on other grounds

Where the partner visa is refused on other grounds, such as a finding that the relationship is not genuine, the refusal can usually be reviewed by the ART within 28 days after the person is notified of the decision. That time limit also cannot be extended. A drink driving history may still be relevant at that review, because the ART must be satisfied of every criterion, including character, at the time of its decision. Our partner visa refusals page and our guide to partner visa refused appeal options explain the process, and our guide to what to expect at ART review explains the hearing.

What Tribunal decisions show about criminal history in partner visa matters

Published Tribunal decisions show that criminal history, including driving offences, is regularly considered in partner visa matters, and that full disclosure and complete documents matter. The decisions below were remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each decision turned on its own facts and evidence.

• Bautista (Migration) [2021] AATA 606. A Subclass 820 matter involving criminal history statements from the home country and from Australia provided to the Tribunal, where driving disqualifications and fines had been disclosed.
• Pham (Migration) [2023] AATA 2643. A Subclass 820 matter involving a valid marriage and criminal activities, where the Tribunal assessed the genuine and continuing relationship and found the parties saw their relationship as a long term commitment.
• Collier (Migration) [2023] AATA 1840. A Subclass 820 matter concerning criminal history, where an Australian National Police Certificate and a Canadian criminal records certificate were provided on review.
• Page (Migration) [2024] AATA 215. A Subclass 820 matter concerning criminal history, where an Australian Federal Police clearance and a United States state police clearance were provided on review.
• Fouracres (Migration) [2024] AATA 61. A Subclass 820 matter in which the applicant's Australian Federal Police certificate expired before the visa was finalised and a new certificate was provided to the Tribunal.

These decisions show two practical points. First, a criminal record does not end a partner visa where it is disclosed and properly documented. Second, police certificates and court records must be current and complete, and gaps in them can be filled at review.

Partner visa drink driving history and onshore applications

A partner visa drink driving history can interact with other onshore issues. Where the applicant does not hold a substantive visa when applying, Schedule 3 applies, and compelling reasons may need to be shown for not applying its criteria. A criminal history may be weighed in that assessment. The Tribunal has considered previous convictions in the context of Schedule 3, as in Puru (Migration) [2018] AATA 3444, a Subclass 820 matter involving Schedule 3 criteria, compelling reasons, previous convictions and working life, which was remitted. Our guides to the Schedule 3 criteria and the Schedule 3 partner visa waiver explain the test, and our Schedule 3 waivers page explains how the firm acts in these matters.

Condition 8503 and earlier refusals can also affect whether an onshore application can be made. Our guides to the no further stay condition 8503 and applying for a partner visa after a visa refusal explain those issues.

A partner visa drink driving history and offshore applications

Applicants applying from outside Australia for the Subclass 309 visa must also meet the character requirement, and a partner visa drink driving history is assessed in the same way. Police certificates from the applicant's home country and any other relevant country will be required, and court records from overseas may need to be obtained and translated into English.

Review rights for character refusals differ depending on whether the applicant is in or outside Australia, and the time limits for review are strict. An offshore applicant with a drink driving history should obtain advice before lodging, so that the application presents the history fully and the review position is understood from the outset. Where the Australian partner is the person dealing with the Department while the applicant is overseas, the partner should be fully informed about the history and the documents provided.

A partner visa drink driving history at the permanent stage

At the permanent stage, the applicant must meet the character requirement again. A partner visa drink driving history that was disclosed and accepted at the first stage does not usually cause new problems if there has been no further offending. Updated police certificates may be requested. Any new offence, charge or court outcome since the first stage must be disclosed.

The permanent stage is also an opportunity to show continued good conduct. A clean driving record since the first stage, continued employment and the ongoing relationship all support the assessment. Where a further offence has occurred, advice should be obtained before the permanent visa is decided, because the Department may consider the character requirement afresh.

Common mistakes in a partner visa drink driving matter

The same mistakes appear again and again in partner visa drink driving matters.

Not disclosing

The most damaging mistake is failing to disclose. Applicants sometimes believe an old offence, an overseas offence or an offence without a recorded conviction need not be mentioned. When the police certificate shows it, the applicant faces an integrity question as well as a character question.

Disclosing without documents

Ticking "yes" without providing the court documents leaves the decision maker to imagine the worst. Providing the record, the penalty and evidence of completion with the application shows openness and answers questions before they are asked.

Minimising the offence

A statement that describes a high range drink driving offence as a minor mistake, or blames the police or circumstances, is likely to count against the applicant. Insight and responsibility carry more weight than excuses.

Ignoring a new charge

An applicant charged while the application is being processed sometimes hopes the matter will not affect the visa. It will. The charge must be managed with both criminal and migration advice.

Missing the review deadline

Where a refusal is made under section 501, the review period for a person in the migration zone is very short and cannot be extended. A missed deadline usually ends the review right.

Not updating police certificates

Police certificates expire for visa purposes. Where processing takes a long time, new certificates may be needed. A request for updated certificates should be answered promptly.

Preparing a partner visa application with a drink driving history

A partner visa application with a drink driving history should be prepared so that the character issue is dealt with from the start. The usual steps are:

• obtain police certificates from Australia and every other relevant country;
• obtain the court records for every offence, including the facts, outcome and sentencing remarks;
• gather evidence that every penalty has been completed;
• gather evidence of rehabilitation and of conduct since the offence;
• prepare a short, honest statement about the offence;
• obtain references that mention the offence;
• answer the character questions in the forms fully and consistently; and
• lodge the character documents with the application, organised and labelled.

The relationship evidence must still be prepared in full. A partner visa drink driving history does not change what must be shown about the relationship. Our guides to partner visa relationship evidence, the partner visa relationship statement, Form 888 for partner visas and the 820 partner visa evidence checklist explain that evidence. The application is lodged through ImmiAccount, and where a lawyer acts, the Department is notified using Form 956.

Getting advice on a partner visa drink driving history

Advice on a partner visa drink driving history is most useful before the application is lodged, and essential if a notice of intention to consider refusal is received. An initial immigration lawyer consultation can assess the record and the risk. Where a notice has arrived and the response period is short, our guide to urgent immigration lawyer advice explains what to have ready. Where the couple have prepared their own application, a second opinion from an immigration lawyer can check the disclosure before it is lodged.

Our articles comparing a partner visa lawyer with doing it yourself and explaining when you need an immigration lawyer for a partner visa may help with the choice of representation. Our articles on why partner visas get refused and the most common Subclass 820 refusal reasons explain the wider risks, and our visa refusals page explains review options generally.

How My Migration Lawyers helps with a partner visa drink driving matter

My Migration Lawyers acts for partner visa applicants with drink driving histories, from single low range offences to repeat offending and offences committed while an application is being processed. The firm deals with complex partner visa and character cases and acts in many matters of this exact type. It is capable of handling them from the first assessment of the record through to a response to a notice of intention to consider refusal and review at the ART.

The work in a partner visa drink driving matter usually includes:

• Assessing the record. Reviewing police certificates and court records to work out whether the character test is likely to be engaged and how seriously.
• Disclosure. Advising exactly what must be disclosed in the forms and in Form 80, so that the application is complete and consistent.
• Character evidence. Identifying the court documents, rehabilitation evidence and references that show the conduct is understood and the risk is low.
• The applicant's statement. Presenting the applicant's own account of the offence and what has changed since, in the form the law requires. The statement remains the applicant's own account, which they review and correct before it is provided.
• Responding to a notice. Preparing a full response to a notice of intention to consider refusal, addressing the character test and every consideration in the Ministerial direction.
• Working with criminal lawyers. Where a charge is pending, working with the applicant's criminal lawyer so that the migration consequences are understood before the court hearing.
• Review. Lodging an application for review within the strict time limit and presenting the case at the ART.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our work as immigration lawyers in Australia. We act for couples throughout Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm's approach in a partner visa drink driving matter is straightforward. It does not hide or minimise the history. It presents the history accurately, shows what has changed, and puts the applicant's relationship and family circumstances before the decision maker with evidence. Where the character test is engaged, it addresses every consideration the decision maker must weigh. That approach gives the applicant the best opportunity to have the history assessed fairly, and protects the applicant's credibility in every later application, including the permanent stage and citizenship.

A partner visa drink driving history is best dealt with openly and early. Book a consultation with My Migration Lawyers online, or call 1300 040 300.