# Criminal record rules spouse visa



## jammade (Dec 11, 2016)

Hi expat forum,

Please could someone kindly outline the rules regarding custodial sentences in relation to spouse visas?

I have read the rules on the uk gov website and it shows that a mandatory refusal is given for those individuals with sentences under 12 months, that occurred less than 5 years ago.

Does this mean a definite refusal will occur in this case? Also what do the 'exceptional circumstances' refer to?

Thank you very much for your help, any/all info is much appreciated.


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## Joppa (Sep 7, 2009)

Exceptional doesn't usually refer to the criminal case itself but to your particular situation, such as you live in Syria and it's dangerous to stay there, your partner has a life-threatening illness or you have young children so an extended period away from a parent is detrimental to their welfare, and so on.


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## jammade (Dec 11, 2016)

Joppa said:


> Exceptional doesn't usually refer to the criminal case itself but to your particular situation, such as you live in Syria and it's dangerous to stay there, your partner has a life-threatening illness or you have young children so an extended period away from a parent is detrimental to their welfare, and so on.


Thanks very much for the information Joppa. Just to ask - so a custodial sentence of less than 12 months means mandatory refusal of visa, if 5 years hasn't yet passed? Thanks for the help


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## Joppa (Sep 7, 2009)

Yes. It's called general ground for refusal. See https://www.gov.uk/government/uploa...ment_data/file/517628/ggfr_sec1_v26_0_ext.pdf Page 20ff
If the offence wasn't a crime under UK law, such as adultery, homesexuality etc, then you will be exempted from compulsory rejection rule.


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## jammade (Dec 11, 2016)

Joppa said:


> Yes. It's called general ground for refusal.
> If the offence wasn't a crime under UK law, such as adultery, homesexuality etc, then you will be exempted from compulsory rejection rule.


Thanks very much Joppa! Is it worth trying anyway? And including a statement etc? If including a statement is it worth having a lawyer write one, or write a personal statement yourself?

Thanks v much for your help


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## Joppa (Sep 7, 2009)

I don't think a lawyer's letter is more effective than your own. You can try but they are within their rights under immigration rules to refuse your application. 
Of course there is another way - not declaring your conviction. But if they do find out, the fact you lied to the immigration service means a minimum 10-year ban from entering UK.


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