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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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hello, my name is XXXXX XXXXX i am trying to get legal help on

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hello, my name is XXXXX XXXXX i am trying to get legal help on a uk settlement visa for my husband. He has been refused the visa due to a conviction in 2007, however all the charges were dropped as he wasn't involved in the situation, the charges being for cannabis with intent to deliver. He was given a fine and put on probation for 2 years, he broke his probation rules and served 40 days in jail. the refusal letter states that they are understanding of the situation and the compassion to be with me (his wife). But they have refused access and we are going to appeal. i do not know what legal help to get to ensure i can be with my husband again. They have denied him access because he would have served 12 months for this conviction in the uk, but his charges was dropped and he was put on probation. They stated that they consider him a threat to the uk public even though they also state that they have acknowledged that he has complied with the law ever since. what can i do?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.
What country was the conviction in?
Customer: replied 3 years ago.
the usa
Expert:  CharlotteSJ replied 3 years ago.
Ok firstly you need to lodge your appeal with the Tribunal in the UK. If he is out of the country, this must be done within 28 calendar days of the decision. If he is in the country, he has 10 working days to lodge his appeal.

In respect of the law as it currently stands, they cannot punish him for sentences that he might have received had he committed his offence in a different country. They can only take into account actual convictions and actual sentences. If his sentence was 40 days then it needs to be considered as 40 days, not 12 months.

Did they refuse on any other grounds or was this the sole ground on which they refused him his visa? If so, you'll get this over turned at appeal as that is a ridiculous reason for refusal. If there were other reasons then you'll need to make sure you address those issues in the appeal and provide the appropriate evidence.

It would be a good idea to get a solicitor to help you with the appeal. Depending on your income, you may be eligible for legal aid. If not you can pay a solicitor privately to do it.
Customer: replied 3 years ago.
ok, this is what i thought. It seems as if they have considered the initial conviction and not taken into account that the conviction was dropped and he was given a $500 fine and 2 years probation. Even though he broke the rules of his probation he only served 40 days. The refusal states that he would serve 12 months in england for this, which is what confuses me. It also states that because he broke his probation and has repeated offences he is a threat to the uk public. This also states that he has complied to the rules since and has not been in any trouble. Do you think i have a strong case and what do you think i should give as supporting documents to help my appeal for. I really appreciate all your help, i am a student in my last year of uni, and i am now separated from the love of my life, as he is not allowed to even visit me until the appeal is sorted. So we are going to be separated for nearly a year. Is there any way of getting permission for him to be in the country whilst going through the appeal? also i am a student at university and i do part time work at a bar. am i entitled to legal aid to help me with this process?
Customer: replied 3 years ago.
ok, this is what i thought. It seems as if they have considered the initial conviction and not taken into account that the conviction was dropped and he was given a $500 fine and 2 years probation. Even though he broke the rules of his probation he only served 40 days. The refusal states that he would serve 12 months in england for this, which is what confuses me. It also states that because he broke his probation and has repeated offences he is a threat to the uk public. This also states that he has complied to the rules since and has not been in any trouble. Do you think i have a strong case and what do you think i should give as supporting documents to help my appeal for. I really appreciate all your help, i am a student in my last year of uni, and i am now separated from the love of my life, as he is not allowed to even visit me until the appeal is sorted. So we are going to be separated for nearly a year. Is there any way of getting permission for him to be in the country whilst going through the appeal? also i am a student at university and i do part time work at a bar. am i entitled to legal aid to help me with this process?
Customer: replied 3 years ago.
i will pay you once you answer my other questions
Expert:  CharlotteSJ replied 3 years ago.
Apologies for my delayed response, I have been away on a course for the last 2 days.
If you are a student doing part time work in a bar then you would almost certainly be entitled to legal aid in terms of the means test. There is also a merit test for granted Controlled Legal Representation (the legal aid for appeals). The company giving you legal aid would need to be satisfied that your case had at least a 50% chance of being successful.
If this is the only reason for refusal and they are satisfied that you meet the other requirements of Rule 281 (that you have met; that you intend to live together permanently as husband and wife; that there will be sufficient maintenance available to you both without recourse to benefits and that there is sufficient maintenance) then I think that you do meet the merits test.
I assume in terms of maintenance that as a student you don't have sufficient means to support you both without recourse to public funds and you are therefore basing application either on the fact that your partner can work and has a job offer, or you have provided details of a third party who is willing to support you financially.
In terms of supporting documentation, you will need to provide all the usual bank statements, wage slips; letter from your employer; evidence of any job offer your husband has; tenancy agreement or office copies showing there is accommodation available; marriage certificate; photos of you together; evidence of contact eg phone bills or letters.You will also need to provide details of his criminal conviction and the actual sentence he got, I assume that the offence and actual sentence are not in dispute and so just his conviction should be fine. I would also include character references if you can from as many people as possible including if you can, people with professional standing. This will help to show that he is not a future risk. If you can also get evidence of his entire criminal history that would be helpful (ie, if you can show that this is the only offence he has ever been convicted of then it will help to show that this was not in character and is evidence of the fact that he is not likely to re-offend. Instruct solicitors and they will be able to construct the legal arguments to support this for you.
Hope this helps.
Thanks
Charlotte
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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CharlotteSJ
CharlotteSJ
Solicitor
78 Satisfied Customers
I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.