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To enable me to answer your question could you please respond to the following:-
Thanks for your question.
Convictions become "spent" under the Rehabilitation of Offenders Act 1974 after the requisite period of time for the sentence received. If you were charged with shoplifting, accepted the conviction and fine for it then this would become spent after 5 years if you were over 18 at the time of convicfion OR 2 1/2 years if you were 17 or under. Before that time the conviction would be "unspent".
The UKBA are permitted to refuse applications made where that applicant still has unspent convictions. This means that your application for work visa under which ever of the working immigration provisions you chose could be refused by the UKBA legitimately. In the current climate I would expect them to make a refusal.
Once the conviction has become spent they can no longer automatically refuse on this basis, but they could use the conviction as one of the examples of you not being of sufficient good character if they were minded to attempt to refuse on this basis. They would need further examples in all probability however. I am sorry that I could not have better news for you.
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I will answer your follow up questions you may have.
American. I would like to know if there is anything that can be done to repair the damage that has been done to my possible Visa. My partner has been offered a transfer to the U.K. and will be living out there for 5 years. Is there anything that can be done, or will I have to just rely on my passport, if this mistake doesn't effect that as well. Thank you.
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