UK Immigration Law
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Hi, are you asking how this offence would impact upon you being able to move to the UK?
Yes I am
or what options i have relating to working in the uk
Work visas are very restricted at the moment. Would it be a Tier 2 Sponsored Skilled Worker's visa that you would be looking at obtaining?
Please also state how old you were when you were convicted
It would be possible to meet the requirements of a "job in demand" and find a company to sponsor me
I was 21 at the time of the offence.. I was never actually charged and convicted until I was 24
I'm now 28
Ok, You are referring to a Tier 2 visa. These are the only worker's visas available unless you have access to significant funds.
What was the length of the suspended sentence?
Long story short, the girl had a falling out with one of her friends.. who told her parents etc.. they pressed the charged 3 years later.. In australia we have no defence to the charges
36 months from memory
i.e. it's either true or it's not.. my lawyer at the time didn't identify the restrictions that would be incurred from pleading guilty
the court took into account the girl lied about her age and where we met (18+ club)
hence the suspended sentence.
Is a Tier 5 visa not possible currently?
The UKBA are permitted to refuse visas if the applicant currently has unspent convictions.
The Rehabilitation of Offenders Act 1974 governs the length of time until a conviction is deemed spent.
I know this, do they take into consideration the difference between a suspended or custodial sentence?
or do they consider it one and the same?
For a suspended sentence of 36months then length of time until the offence is deemed spent is the same as if it were custodial, as unfair as that sounds.
are there any options where I may be considered for entry into the UK for a working Visa? I recently spent a week there on holiday with no issues
For all offences for which a sentence, custodial or suspended, of greater than 2 1/2 years this means that the offence can never become spent.
This means that the UKBA would be able to refuse on this basis indefinitely.
In the current climate they would certainly reject your application.
even if the conviction is spent in australia?
i was under the impression I wouldn't have to declare it if it was
There is an element of discretion afforded to the UKBA, in that if you coudl demonstrate the the role you would perform once here would contribute greatly to the public good then this may get some traction.
would that be done while in the UK or via a consulate?
This restriction would not apply if you were making an application based on marriage or other relationship for which you could apply for a visa because you would be able to avail yourself of Article 8 Rights to a family and private life, but this does not apply to worker's visas unforunately.
You would apply to the Embassy, but the application would be sent to a processing centre nearest the embassy.
i thought with a marriage visa i would still have to declare convictions etc
and it would have the same restrictions as a normal visa?
Declare yes, and the UKBA may even try to reject because of it (although this is less so now) but Article 8 rights pretty much trump eveything else.
What do you mean by 'same restrictions as a normal visa' - are you referring to a spouse visa and what sort of restrictions do you mean specifically?
have you got any reference to cases like this? in particular convictions like mine involving a minor.
im not proud of it
but circumstances at the time really didn't allow me to fight it
No, not off the top of my head.
is there any online resources where I could research this further?
I appreciate you're not proud of it and I make no judgements but these are immigration rules and there is not a great deal of flexibility here.
i'd rather not get married and then find out I can't get in ;)
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one more thing.. in relation to the marriage side of things.. would it have to be a UK citizen, or just someone who has the right of abode
i.e ancestory ?
It would have to be either a UK citizen, person holding ILR, a person with a right of abode or EEA member state national who wished to come here to settle permanently with you as their husband.
thank you kindly
sorry not sure if you;re still there
but how long would the marriage have to last
It would not have to last any amount of time, but you would have to convince them it was genuine.
This means by producing documentary evidence of the credibility of your relationship.
So, things like photos, correspondence, emails, evidence of phone calls, evidence of flight tickets, shared accomodation etc.
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