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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I am hoping to immigrate to the UK with my partner of 11 years.

Resolved Question:

I am hoping to immigrate to the UK with my partner of 11 years. I am a U.S. citizen and he is a Mexican citizen. He was deported from the United States in August of 2010. We are hoping to apply as professional class immigrants. I am currently working towards certification as a radiographer. Radiographer is listed on the UK “Shortage Occupation List.” He, meanwhile, is finishing up his Bachelor of Mathematics in Mexico. The problem is that he has some convictions. He has 1 civil offense and 2 misdemeanor convictions on his record in the state of Wisconsin. From what I have come to understand there is a 5 year waiting period until convictions are considered “spent,” a time period which would have to pass before any consideration for immigration. I need to know if there are any other barriers for us and if there are any realistic chances for us in making this happen. Here are the convictions.

On 09-23-2003 he was convicted of “Theft-Movable Property <=$2500, a class A misdemeanor, Wisconsin Statute 943.20(1)(a)” and was sentenced to 7 months in the House of Corrections and 12 months of probation. No imprisonment occurred, that portion of the conviction was stayed.

In November of 2009 he was convicted of “Operating While under Influence, a civil offence, Wisconsin Statute 346.63(1)(a).” A fine was imposed.

On 6-11-2010 he was convicted of “Operating While under Influence (2nd), an unclassified misdemeanor, Wisconsin Statute 346.63(1)(a)” for which he was given a 60 day sentence to be served in jail with work release privileges. The work release portion did not occur as his status as an illegal immigrant was discovered.
Submitted: 3 years ago via InBrief.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
Thank you for your question. I am afraid I think you may have a problem. the basic principle is that you can be refused a visa of you have been convicted of an offence that potentially carries a term of imprisonment exceeding 12 months. It is irrelevant that the person was not actually sentenced to 12 months if the offence is capable of carrying such a term. the theft is certainly such an offence. I am frankly not sure what the so called civil offences would constitute.

Whether you have to disclose the offence depends on the sentence received. 5 years is for fines term so of imprisonment of 6 months or less are 7 years and of more than 6 months are 10 years. It does not matter that the sentence was stayed. so the rehabilitation period for that offence is 10 years . Additionally it is an offence that would lead ot a refusal of a visa. That is aside from any view that is taken on the other civil offences and the fact that he was an illegal immigrant in the Us which presumably is also an offence.

If you qualify as a radiographer you may be able to apply for a work permit but you will need to get a job offer from a sponsoring employer.
Senior Partner, Solicitor
Satisfied Customers: 13255
Experience: Solicitor
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