# UK Spouse Visa Application with Criminal Record



## yankeebrit (Sep 24, 2012)

Hi All,

I wanted to ask for your advice on a situation that is concerning me greatly at the moment. I am going to have to cut a very long story short however here are the main points:

* I have been living with my girlfriend in the United States for the past 7.5 years.

* I am a British Citizen - she is a United States Citizen.

* I am currently on an H1B visa however it will expire in two years time and I have no renewals left - I want to return to the UK at this point anyway.

* We were planning on getting married next year and then making our way back to the UK to live and work before my current US visa expires...

HOWEVER - my girlfriend had a serious lack of judgement in 2008 and was convicted of two Class 1 misdemeanors for "Corruption of Minors" and "Endangering the Welfare of a Child". I must point out that there was NO "physical" contact whatsoever with a 17 year old however she did receive the above mentioned for her actions at that time.

My girlfriend did not serve any prison time however she did get a fine and three years of probation. Because the UK immigration people take the maximum sentence of the equivalent crime in the UK when considering the application it appears that it will never be "spent" in England. I am not certain about this but I don't know what the UK equivalent would be of her convictions.

I have secured the services of a UK based immigration lawyer and he has informed us that there is between a 70% and 90% chance of her settlement visa application being successful despite the convictions.

To make matters worse my girlfriend is not eligible to sponsor me for a USA based spouse visa due to the same convictions already mentioned (Adam Walsh Act).

My main concern is that we will get married and then be forever separated....

I'm really worried about all this and don't know what to do now...Can anyone offer any advice or thoughts on this matter?

Many thanks!


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## 2farapart (Aug 18, 2011)

I think, in a situation like this, it's going to depend rather on the nature of the crime (which I realise isn't something for a public forum). My understanding of such Class 1 Misdemeanors is that they might be along the lines of serving alcohol to a minor, or not ensuring seatbelts are fitted for minors etc etc. For that sort of offence (for a first-time offence especially) there would be no imprisonment in the UK. However, if it involved drugs or offences of a sexual nature, then that would be more serious. So the first port of call is to consider: what would a UK court award for such an offence if committed in the UK?

Based on this, the crime must then become 'spent' - a period of time when the offender is deemed to be rehabilitated under the Rehabilitation Of Offenders Act 1974 after which the crime will generally be ignored:

- If a similar offence in the UK would result in a fine or community service, then the unspent period is *5 years *from date of judgement. 

- If a custodial sentence might have been given for up to 6 months, then the unspent period is *7 years* from date of judgement. 

- For a custodial sentence up to three years, the unspent period is *10 years*. 

- Any longer sentence is deemed never to become unspent. 

The UKBA will not ignore any offence that is, as yet, unspent, and any visa application is likely to be turned down. * So it's important that she doesn't apply before that unspent time has elapsed.* I realise that this leaves as many questions as it does answers, but it's a bit tricky to give any definite outcome beyond choosing carefully on WHEN to apply.

Good luck and I hope we read of a good outcome later in these forums!


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## yankeebrit (Sep 24, 2012)

Thanks for the response. As she received only a fine and probation (no prison time), then if it had happened in the UK it would be spent after 5 years...

However, from what I understand, seeing as it happened in the US the UKBA will take the MAXIMUM possible sentence applicable in the UK (not her actual non custodial sentence)...

I have idea how to "translate" her conviction into a UK version and then find out what the maximum possible sentence was...Until I can do this we will never know if it is spent and/or will ever be spent...


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## hershey14 (Nov 1, 2012)

Hi all, 
I came across this forum and saw a lot of useful info here.... I have slightly diff situation, Please advice me if anyone is familiar or been through anything similar.. 
I am an Indian citizen currently residing in India. After high school I went to USA for college. In 2005 I got in trouble and got a DUI, I was on probation for 9 months and had to pay fines and do community service. I finished everything and have been having a clear record since then. I was able to renew my student visa to USA after that in 2006. I was pursuing my M.S. and PhD there. This summer I visited my girlfriend in UK and applied for the re stamping of my US student visa as I still have to submit my thesis. I was denied 3 times under section 214(b) which is "intent to immigrate". So now I am trying to finish my degrees remotely thanks to internet. My girlfriend is now coming to India and we are planning to get married. She is on a Tier 2 visa in UK and I will be applying for a Dependent Visa. my question is
1) with my immigration history will I have any trouble getting a Dependent Visa? I was granted a tourist visa to UK in May 2012 and I visited my girlfriend twice in the last six months. 

looking forward to hearing from you guys.... Thanks


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