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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2230
Experience:  Partner in national law firm with 25 years legal experience
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I was convicted of a 4th degree attempted sexual assualt charge

Resolved Question:

I was convicted of a 4th degree attempted sexual assualt charge (internet stuff) in 2010 and I am currently on probation and on Megans. I am supposed to travel to teh UK on March 8th and then on to Amsterdam on March 11th for business travel. My probation officer and the convicting court has approved my travel request. I am a first time offender

I know I will not be harassed leaving teh US but will I be denied access to the UK at heathrow airport? I will eb travelling with co-workers unaware of my situation.

If I am allowed in teh UK will tehy allow me to fly to Amsterdam? Will AMsterdam allow me to access? They seem less willign to harass me then the UK.

I have been calling embassies for days and cant get a defibitive answer and no time to apply for a VISA.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX X'X happy to help with your question today.

Have you applied for a visa to enter the UK?
Customer: replied 1 year ago.

No I have not. It appeared that it wasn't required because of the short duration. It would also take longer to process then the lead time given for my trip.

Expert:  Alex Hughes replied 1 year ago.
Sounds like a daft question: but between the 8th and 11th where will you stay?
Customer: replied 1 year ago.

Staying at the Marriott Hotel in London..I can send you specific address if you need it. The British Embassy simply said I was at the mercy of the Immigration officer who is at the airport at the time.

Expert:  Alex Hughes replied 1 year ago.
Thanks.

The UK Border Agency state:

"... we strongly advise you to apply for a visa before travelling to the UK if:

you have any unspent criminal convictions in any country, including the UK..."

Failure to obtain a visa is not an automatic bar to entry but it means that you may interviewed at length at the border before the immigration officers decide whether or not to allow you to enter.

As this is a recent sexual offence I am duty bound to advise you that a visa is unlikely to be granted.

The grounds for refusal of a visa are set out in the immigration rules as follows:

1. A conviction which resulted in a sentence of 4 years or more imprisonment - Paragraph 320 (2)(b) and S-EC.1.4.(a) Appendix FM provides for a mandatory refusal where a person has been convicted of an offence and sentenced to at least 4 years' in imprisonment, at any point in the past.

2. A conviction which resulted in a sentence of at least twelve months' (but less than 4 years) imprisonment - Paragraph 320 (2)(c) and S-EC.1.4.(b) Appendix FM provides for a mandatory refusal where a person has been convicted of an offence and sentenced to between 12 months and 4 years' imprisonment, unless a period of 10 years has passed since the end of the sentence.

3. A conviction which resulted in a sentence of less than twelve months' imprisonment - Paragraph 320 (2)(d) and S-EC1.4(c) Appendix FM provides for a mandatory refusal of entry clearance where a person has been convicted of an offence and sentenced to less than 12 months' imprisonment, unless a period of 5 years has passed since the end of the sentence.

4. A non-custodial sentence - Paragraph 320 (18A) and S-EC2.5(a) Appendix FM provides for a discretionary refusal of entry clearance where has been convicted or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the preceding 12 months.

Customer: replied 1 year ago.

Ok none of the 4 points you listed apply. I received no jail time and was given 4 years of non-custodial parole in 2010. I was convicted in 2010, so it is not within the preceding 12 months. So my question still remains, can I get into the UK without a VISA. You also did not address the second leg of my trip to the Netherlands.

Expert:  Alex Hughes replied 1 year ago.
OK. That's good news. Since the refusal provisions do not appear to apply, you should be successful with your application.

But beware that the immigration officer will want to know about your conviction and will still have to decide whether or not to allow entry. You have a good argument to be granted a visa but as this is a sexual offence the visa could still be denied on public safety grounds.

I am unable to assist with the question about the Netherlands. Their system is different to the UK. I can only advise on UK law. Unfortunately we do not have Netherlands qualified lawyers on this site.
Customer: replied 1 year ago.

Well my problem is I am leaving on 08 March, today is 05 March, I take it that without a VISA I may as well not even bother to go on the trip? It takes over three weeks to get a VISA approved

Expert:  Alex Hughes replied 1 year ago.
I'm afraid there is no conclusive answer.

It is a matter for the immigration officers at the border.

Because of this uncertainty UKBA advise that visa should be sought in advance to give caseworkers plenty of time to assess the matter fully & properly.

Alex

Alex Hughes, Solicitor Advocate
Satisfied Customers: 2230
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 2 other UK Immigration Law Specialists are ready to help you

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