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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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I will have 2 misdemeanors in the US. Will I be allowed by

Customer Question

I will have 2 misdemeanors in the US. Will I be allowed by the UK to work in Londing with a Work Visa?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: US Citizen.
JA: Have you talked to a lawyer yet?
Customer: I have lawyers who are working on 2 charges I have. But not a UK immigration lawyer, regarding the immigration to the UK with a Work Visa.
JA: Anything else you think the lawyer should know?
Customer: No, that's it, I will have 2 misdemeanors. Hopefully by Sept. 12 months later, as far as I know, I would be able to leave the US.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 months ago.

Hi

What sentence did you receive for them please?

When did you receive then and what were they for?

Tom

Customer: replied 5 months ago.
The sentence will be suspended jail time. So no jail time.As long as cooperate with recommended state counseling programs.The agreement will be pleading guilty to 2 charges and in exchange "the deal" is no jail time and charge below will be amended from felony to misdameour."Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton and culpable as to show a reckless disregard for human life shall be guilty of a Class 6 felony. " (tried as misdamenour)andDWI / Class 1 (Misdemeanor)timelineTrial hasn't happened yet, but should happen in a few weeks.My question is, once I go through the required time for both misdaemour charges to be discharged (I was told would take a tmeline of approximately 12 months or so)... ...From my understanding I could visit the UK for 6 months ... but my question was regarding a long term UK Work Visa via intra-company transfer method.After charges are "discharged" would I then be able to work in the UK with a intra-company work transfer? Or would I have to wait 3 years or so, to be able to work with an intra-company work visa?
Expert:  Thomas replied 5 months ago.

Hi,

What was the jail sentence length which was suspended?

What sentence do you anticipate for the second misdemeanor which has not gone to trial yet?

Tom

Customer: replied 5 months ago.
The DWI would be for up to 12 months,the other one, I'm not sure. But the range is 1 - 5 years. I'm not 100% sure but it may be for 1 year because it would be a misdemeanor not felony.
Expert:  Thomas replied 5 months ago.

Hi

Thanks for your question. I will try to help.

The home office will consider whether the general grounds for refusal for criminal convictions apply to your offences.

Unfortunately. where a person has been convicted of or admitted an offence for which they have received a non-custodial sentence recorded on their criminal record within the preceding 12 months of the date of the application for a visa then they should “normally” refuse to grant entry clearance. However, it is technically discretionary.

A suspended sentence is to be treated as a non-custodial offence.

So, even if we disregard the prior offence which presumably will not be long before 12 months have passed then there is the current pending offence to consider.

If you receive a suspended sentence for the new offence then you would probably be rejected if you applied for a visa within 12 months of the date of conviction.

If you apply after this time then the home office will consider the application a bit more favourably. However, because you have two convictions I would certainly mitigate those convictions and explain how they came about and give full details of your rehabilitation and character references from person of authority who can speak to your good character.

In summary, assuming you receive a suspended sentence for this new offence I would not apply for a visa until 12 months have passed from conviction. After that, you are more likely to be accepted if you apply for a visa IF you disclose and mitigate the offence considerably. However it would still not be a certainty that your visa would be approved but you would have a reasonable chance.

Sorry I could nto have better news for you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Expert:  Thomas replied 5 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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