Why the visa matters before the plea.
The sentence you receive can decide whether Home Affairs looks at your visa. A term of imprisonment of 12 months or more, including suspended or combined terms, can mean you fail the character test.
We look at the charge with both outcomes in mind, the criminal case and your right to stay.
Bail applications.
If police refuse bail, we can apply for bail in court. We prepare the application, the surety and your accommodation details, and argue it.
We also tell you how bail conditions sit with your visa conditions, travel plans and any pending visa application.
Pleas and sentencing.
We negotiate charges where there is a basis to do so, prepare your plea in mitigation and gather references. Where the law allows, we ask the court to take the immigration consequences into account.
Restraining orders.
A family violence restraining order can be taken into account when your character is assessed. We advise and appear on family violence and violence restraining orders, whether you are applying for an order or responding to one.
Already have a criminal lawyer?
We can advise your lawyer on the visa side while they run the criminal case. That way the plea and sentence are planned with your visa in view.
Frequently asked questions
Which courts do you appear in?
We appear in Perth courts on bail applications, pleas, sentencing and restraining orders. Tell us where and when your matter is listed when you call.
I have been charged. Will I lose my visa?
Not necessarily. It depends on the charge, the outcome and your visa. Get advice before you enter a plea, because the plea and the sentence can change what happens next.
Can you guarantee a result?
No. Nobody can promise what a court or Home Affairs will decide. We can promise careful preparation and advice that covers both the criminal case and your visa.
My visa has already been cancelled. Can you still help?
Yes. Read about visa cancellation on character grounds and call us straight away. The deadlines are very short.
Official information
Read the current government guidance alongside advice for your circumstances.
Reviewed by Paula McGeown, Principal Lawyer · Updated