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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a british citizen and I have been married to us citizen

Resolved Question:

I am a british citizen and I have been married to us citizen for 10 years, we have resided in the us for this time. we were hoping to move to the uk in the future but my husband has a criminal record from 1998, he has a felony and spent some time in jail, the charge was sexual deviance with a minor, he was 18 and she was 16 at the time. he has not had any other criminal convictions and is an upstanding citizen, is it going to be difficult for him to get a visa to live in the uk?
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 8 months ago.
Hi

What sentence did he receive please?

Tom
Customer: replied 8 months ago.


he was originally sentenced to 6 months in jail and 6 months in bootcamp, but due to some problems while in jail he ended up serving about 4 years, he was not charged with any other crimes. he had a public defender who unfortunately did not help the situation, he got out of prison in the summer of 2003

Expert:  Thomas replied 8 months ago.
Hi

I will have to answer tomorrow now I my afraid.

9am.

Tom
Expert:  Thomas replied 8 months ago.
Hi

Thanks for your patience.

Upon the initial application for entry clearance as the spouse of a UK national the UKBA are able to reject applications on the basis criminal convictions under Immigration Rule 320(2), which is here:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

You will see that where the applicant has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years they would technically be able to reject. It’s difficult to work out if your husband’s sentence was 4 years because you state that initially it was 6 months prison/6 months bootcamp but ended up being 4 years.

I will answer on the assumption that it is four years.

There is a caveat to the above in that by rejecting they must not do contrary to the Human Rights Convention. Part of the Human Rights Convention is under Article 8 which is a right to a family and private life. Your rights in this regard are substantial and considerable because you have been married for 10 years.

Provided your right to a family and private life is asserted in the application that you make and that your husband’s conviction is disclosed and mitigated appropriately by explaining the circumstances and evidencing his good character since his conviction I would expect the application to still be approved.

However, because this is a slightly complicating element I would recommend instructing a UK immigration solicitor to prepare the application and in particular deal with this issue. If you do this then you should be okay.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6037
Experience: BA (Hons), PgDip, Practising Solicitor
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