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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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If I was charged with a misdemeanor in U.K. and want to apply

Customer Question

If I was charged with a misdemeanor in U.K. and want to apply for a work Visa for the U.K., will that effect my application?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What were you convicted of
  • 2. What sentence did you receive

Kind regards.

Tom

Customer: replied 5 years ago.
I confessed to shoplifting and paid a fine of 180.00 pounds. However, I was arrested right after by police for more questioning about my name being simular to someone who was wanted by authorities. I fingerprinted and placed in jail until they could correctly identify me. I was released a few hours later with no other fines or convictions.
Expert:  Thomas replied 5 years ago.

Hi,

 

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.


Kind regards,


Tom

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Will this misdemeanor give me any problems visiting the U.K. again with just my passport? How long can I stay with just a passport?
Expert:  Thomas replied 5 years ago.
What nationality are you?

Tom
Customer: replied 5 years ago.

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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