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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6514
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was on line with T Graham12 and my computer dropped out.

Resolved Question:

I was on line with T Graham12 and my computer dropped out.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

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..

Tom
Customer: replied 1 year ago.

yes I can thanks.

Expert:  Thomas replied 1 year ago.
Hi,

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

Tom
Customer: replied 1 year ago.

can't get back to other thread. Sorry.

Expert:  Thomas replied 1 year ago.
Okay. We'll carry on here:-



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

Tom"
Customer: replied 1 year ago.

An Australian passport

Expert:  Thomas replied 1 year ago.
Hi

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:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/britishmother/

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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
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