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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am currently fighting the most consequential battle of my

Customer Question

I am currently fighting the most consequential battle of my life. I am a US Citizen, born and raised in New York. Back in 2009 I filed for New York Unemployment benefits falsely. I filed on the basis that my hours dropped from 40 hours to 16 hours. At the time I was still working 4 days a week but my hours were anywhere from 1-4 hours a day (not enough to support myself). I later found out that unemployment is not based on the hours that you work its based on the days that you work. If you work more than 3 days you're not qualified to collect unemployment. I met my husband that same year (a UK citizen) and after two years of dating I decided to move to London to start a new life with him. I filed and received my fiance visa and literally a few days before I planned to leave for the UK I was arrested for larceny for misfiling for unemployment. I was able to go to the UK to be with my then fiance (now my husband) until my case was pushed forward. It took 6 months for my case to be pushed forward. I married my husband in February 2012 and returned to the US to renew my visa into a Spousal Visa. Upon my return to NY I was told that my case would be pushed forward. I was arraigned a few days later. I've since made full restitution and plead guilty to a Class D Felony Charge. My Judge has offered me a Felony with a Conditional Discharge, which I was told will allow me to return to the UK. My question is with a Felony class D (Conditional Discharge) will I make clearance into the UK upon my return? Also, I need to know if in 2 years, when I apply for residency in the UK will my request be granted? I am currently attending Kingston College, Im enrolled in a Legal Executive course (ILEX), I've been told there is no way I'll be able to practive law with this record is that true? Im in desperate need of your expertise please help me save my marriage.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

I do not think that the criminal conviction will prevent you from travelling to the UK to be with your husband, however, it will be an issue when you apply for naturalisation as a UK citizen.

Furthermore, the conviction will prevent you from practicing law as criminal convictions would generally prevent a person from acting for clients and being admitted to practice.

I hope this answers your question. If so, kindly click ACCEPT.
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Good Morning,

I have a further question to ask you just for a bit more detail pertaining to my case. I understand that Im ok to visit my husband and live with him for the next two years on a spousal visa. However, you said it will be an issue when I apply for naturalisation for UK citizenship. Does that mean I am likely to be denied citizenship? What steps can I take now to help me to achieve citizenship in two years time. Is there something that I can ask my attorney to write on my behalf etc...
Expert:  INC replied 5 years ago.

Before being able to apply for Naturalisation, you will need to ensure that the conviction has become spent under the Rehabilitation of Offenders Act. If you apply before the conviction has been deemed spent, any application that you make will be refused.

In order to apply for Naturalisation, you will first need to obtain Indefinite to Remain and then subsequently Naturalisation.

I hope this answers your question. If so, kindly click ACCEPT.

Kind Regards

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