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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7592
Experience:  BA (Hons), PgDip, Practising Solicitor
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My gf is a US citizen I am a UK citizen. We want to apply for

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My gf is a US citizen I am a UK citizen. We want to apply for a civil partnership visa in the next few months. However... my gf has a sealed record for an arrest almost 13 years ago and we do not know if we have to declare this on the visa application or whether it is not relevant because it is sealed (by the State of Arkansas). Any assistance you can give on this would be hugely helpful. Thank you in advance
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,

 

What was the conviction for and what sentence did she receive?

 

Tom

Customer: replied 6 years ago.
3 felony charges relating to marijuana and the sentence was 1 year of supervised probation and completion of an outpatient rehabilition. She has had not so much as a speeding ticket since that time.
Expert:  Thomas replied 6 years ago.

Hi,

 

IN the grand scheme of things those are not particularly serious charges at all. You are asked of your previous convictions on the immigration form (VAF4) and to not disclose them could potentially prejudice your application much more than there reaction to the actual charges. They may take the view that iof you were to be dishonest about these minor charges, what else could you be dishonest about.

 

Disclose the convictions, they are unlikely to prejudice the application in view of the sentence and her good behaviour since. If they do you will be able to appeal and get a firer hearing in front of an immigration judge who knows the law inside out rather than an immigration official at the UKBA. You would argue your Article 8 Right to a Family and Private life under the HUman Rights Act.

 

She will probably be fine on the basis of the information you have provided me with.

 

IF this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Thank you so much for your help it's made us feel a bit more confident
Expert:  Thomas replied 6 years ago.

If you are satisfied with my answer please click accept - I do not get rewarded if you do not.

 

Kind regards,

 

Tom

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