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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13326
Experience:  Solicitor
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Hello There, My husband has just applied for a family visitor

Customer Question

Hello There,

My husband has just applied for a family visitor visa to come to the UK next month to visit me. We both have available funds and he will stay in my flat with me - all documents have already been submitted to the embassy yesteryday. He also submitted his clean criminal record. I have a criminal record for stealing from 5 years ago, I have done nothing since - will this affect the visitor application? I am quite worried about it. I would of declared to the embassy but they didnt ask for this information from me. I am a UK born citizen. Please advise.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Your criminal record is not a basis for refusing your husband a visa. However you need to explain why you live apart. They will be suspicious he is not a genuine visitor and does not intend to leave. Normally you would apply for a spouse visa for settlement.
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Customer: replied 5 years ago.

Thanks for the information.


We are going to apply for the settlement visa once he goes back to Georgia. Will my criminal record affect the settlement visa? I have been told it does.

Expert:  Senior Partner replied 5 years ago.
Who told you this? There is nothgin in the rules that allows them to take the character of the British citizen into account. Your husband can be refused because of bad character including criminal convictions but I do not believe your record can be taken into account unless there was a suggestion that you both were engaged in unlawful activity together
Customer: replied 5 years ago.

I have read alot of different papers and I believe I came across it somewhere.


Are you 100% sure about my criminal history? I am very worried about it.


I wanted him to come and visit the UK first before we applied for the settlement visa so he can get a feel for my country. Do you think they will give him the visitor visa? Do you think the best course of action would be to apply for settlement now?


We met in November and got married in Georgia in December - Just so you have a little information on our case.



Thanks so much for your advise...

Expert:  Senior Partner replied 5 years ago.
I have to say that after such a very short relationship they will look very carefully at any application. They are always concerned to ensure it is not a "marriage of convenience". there is no provision of the immigration rules that allows the UKBA to take into account your convictions specifically in relation to an application by your husband other that the general character requirements which allow them to take into account his "associations". If you wish to apply for a spouse visa however he will have to have passed the english test and I do think there is a risk that they will challenge the validity of the marriage. How much time did you spend together before marrying?
Customer: replied 5 years ago.

Sorry what do you mean by "his associations" ?


Yes I am aware of the english test - I will arrange this for him in georgia.


How can we prove the marriage is real as I know they will challenge the validity of the marriage? We spent 2 weeks together so far....

Expert:  Senior Partner replied 5 years ago.
People with whom he associates. I do not think you need to be concerned about that. There is little you can do to support the genuineness of the marriage other than write whatever letter of support you can and perhaps explain how you met and provide evidence from friends etc that the relationship is genuine. Please press accept so I am credited for my time. You can still answer follow up questions.
Customer: replied 5 years ago.

Thank you for your help

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What do you think my next move should be? I will receive the answer for the visitor visa in 9 days - I am unsure how to proceed.


If he is approved - he will take the english test here and then we will apply for settlement. If not I will go back to georgia and we will start to apply for settlement. I am just worried because it is hard to prove the marriage is real in such a short space of time....

Expert:  Senior Partner replied 5 years ago.
Well I recommend now that you wait the outcome and then decide what to do based upon that. To be clear however even if the visa is granted , he will have to return tot Georgia to apply for a spouse visa.
Customer: replied 5 years ago.
Thanks for all your help. I really appreciate it.
Expert:  Senior Partner replied 5 years ago.
good luck