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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have applied for UK business visa through my employer in

Customer Question

I have applied for UK business visa through my employer in India. I have a shoplifting misdemeanor class B conviction from USA in Nov 2005. There was no sentence and I had to pay a fine for it. I have declared this information on the visa form. Would this cause problems for obtaining a visa? Can I be denied a visa? This was my first and only conviction in my entire life.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply

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, then the UKBA would be entitled to look at the sentence you would have received if it was in the UK. This would probably be a fine and therefore 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. However, if the conviction occurred in 2005 then it is spent so they could not refuse on the basis of the conviction alone, 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.

Provided they do attempt to refuse on the basis of bad character then you should be fine. Depending how strong their examples of such are you may have good grounds for appealing any refusal

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6390
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.
What kind of examples they could give in order to refuse? I have never done anything wrong apart from this one time, I have travelled to UK on 4 occassions and never got into trouble. I have 2 past UK visas on my pasport. I have lived in US for 4 years and have been clean apart from this 1 incident.
Expert:  Thomas replied 3 years ago.
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