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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7503
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was on line with T Graham12 and my computer dropped out.

This answer was rated:

I was on line with T Graham12 and my computer dropped out.

Yes, I have info requested you on the other thread. Are you able to reply to that please? Will request a refund for this deposit if so..

Customer: replied 4 years ago.

yes I can thanks.


I will request the refund once you have been able to reply to the other thread to be on the safe side!

Customer: replied 4 years ago.

can't get back to other thread. Sorry.

Okay. We'll carry on here:-

When you say you are to apply for his passport, which nationality passport is this?

Customer: replied 4 years ago.

An Australian passport


Thanks for your patience.

It’s a bit complicated but he has two options.

The first is to get his Aus passport and apply for a visitor’s visa with this. However, the UKBA are permitted to refuse such applications where they consider that it would not be conducive to the public good to admit them. IN the case of convictions this would normally be where the conviction would not be considered “spent” under the Rehabilttation of Offenders Act.

The spent period would be ten years from the date of conviction, so it’s highly possible that the application for a visitor’s visa would be rejected I’m afraid.

The second way is for him to apply for a UK passport. You were born in the UK before 1983, you are therefore a UK citizen by birth (aka “otherwise than by descent”).

He was born outside the UK before 1983 to a British mother holding UK citizenship otherwise than by descent. At that time UK mothers were not permitted to descent their citizenship to their children. However the British Nationality Act 1981 allowed children in these situation sto registere as UK citzens:-

Therefore, if the visitor’s visa application does not work out then he will be able to apply for a UK passport with relatively little hassle because a conviction does not affect his eligibility in this regard.

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Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you

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