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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am married to a U.K. Citizen. My wife wants to move back

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I am married to a U.K. Citizen. My wife wants to move back to her home. 22 years ago I was convicted of writing a bad check in Florida. It left me with a record of a felony conviction. Will I be refused a visa to live and work in the U.K. with my wife because of this?

Hi

 

What sentence did you receive? What was the actual charge?

 

Have you had any further convictions?

 

Tom

Customer: replied 5 years ago.

Good Morning,

 

The actual charge I believe was Grand Theft or Grand Larceny. The sentence was probation.

 

I have not had any further convictions.

 

Thank you.

Hi,

 

Thanks for your reply.

 

There is a section in the relevant United Kingdom Border Agency form that you will need to completion to apply for settlement as the spouse of a UK national which asks about previous convictions. You will have to disclose it here.

 

The reality is that the conviction and sentence is very much at the lower end of criminal charges and given that 22 years have passed since the conviction and you have not been charged with anything else it would be unwise for them to reject on the basis of this. Had you been convicted in the UK of this then it would have become spent a long time ago and this would usually result in the UKBA not rejecting it.

 

It is unlikely to prejudice your application and in the unlikely event that it does you will be able to appeal to an immigration judge to get a fairer hearing of your evidence. I would be surprised if the UKBA rejected your application because of this alone and astonished if it were rejected on appeal.

 

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

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