UK Immigration Law
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Can you give details of fraud please?
He was in commercial property and worked for a family business as a broker and he was doing deals on the side in the hope that he could go on his own. When the company discovered this, they held back commission to the value of the deals he did on the side
Was a custodial sentence a possibility according to the criminal advocate representing him during the charges?
I don't think that declining representation is ever really advisable.
The position is that if the convciton is one which is punishable with imprisonment for a term of 12 months (or would be so if the conduct constituting the offence had occurred in the UK) then the UKBA immigration are entitled to use this as a general ground of refusal for visa purposes. They could refuse if the range of sentences for the offence in the UK included a 12 month custodial sentence: Immigration rule 320 (17)
There is a wide range of sentences for fraud in the UK, including custodial sentence greater than 12 months but if your husband is only to receive a small fine then it would be quite difficult that they would receive 12 month fine here in the UK. That does not mean they won't reject it, they might do so on this basis or on the basis that it demonstrates an element of bad character which they can also use to reject. The current approach to immigration means that the UKBA are generally minded to refuse as many as reasonably possible (within the rules) and they probably will do here.
Make sure you disclose full details of the conviction, deception is taken even worse than criminal records by the UKBA, and explain any mitigating circumstances. If the appeal is rejected you should instruct a solicitor (if they are not already preparing your application) to act on your behalf on appeal to make sure your case is argued convincingly. Your chances on appeal are greatly improved, there is a much fairer hearing of your evidence.
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