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UK-Justice
UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi, I was staying at US in April, 2008. We had a domestic

Customer Question

Hi,

I was staying at US in April, 2008. We had a domestic fight with my wife in which I was booked for hitting my wife and daughter using a toilet brush. They filed a case against me of DV and child abuse. I hired a attorney who charged me $10000/- and after that he did nothing and the DA said he would convict me. He released me of the DV charge but put in misdemeanor on child abuse. After this I did not go in to hear the sentence and left to my native country. Before I left, the attorney, I hired also told me that I would be barred from entering US/Canada (he did not specify any other country). Later I got to know that court issued a warrant of my arrest for bailable amount of $10000/- and the case remains inactive till I reappear in court.

Now I am in a job, I have been assigned to go to UK on business trip. In the business visa form, I see that in section 6.9 (http://www.ukvisas.gov.uk/resources/en/docs/1903073/VAF1C) they have asked that if you have been charged or convicted of any criminal offense (even if traffic violation). If I say YES in that, then it may risk my job and visa also denied. If I say NO, it haunts me on the repercussions may be if found out. I have asked few local attorneys and they say that if its not in your passport then you don't need to disclose this. I feel that they do not have adequate exposure on the situation so their advice may not be right.

There are many people who have some or other traffic violation and even some or other charge but generally travel.

If I state NO on the 6.9 question on the form, will the UKBA/Immigration officer get to know of the issue? Please suggest me on what should I do for this.

Regards.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 6 years ago.

I would agree in that the risk of not mentioning it and if the UKBA has this information they would wonder why you are trying to hide it and what else you were trying to hide.

 

On the other hand they may not have this information - but my view is that you should not take the risk.

 

You should instruct a firm to deal with the application on your behalf so they can put together the best possible visa application for you and deal with the conviction.


I am sorry that this is not necessarily the answer you wanted but based on what you have said, this is the legal position.

Customer: replied 6 years ago.
Relist: Answer quality.
I am asking for details on how the process works and implications with all the information in place. None of them have been addressed.
Customer: replied 6 years ago.
Relist: Inaccurate answer.
Hi,

Please read my question and suggest me about the exact process. Previous answer is all "may be"

Regards.
Customer: replied 6 years ago.
Relist: Answer quality.
The answer is not at all technical. I want facts and the exact way this works.

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