Uk Spouse Visa. Complication

[sandykingchu]

Hi, thanks in advance to all the experts in this forum who offer great helps to dummy like me.

My finace has a criminal record for shop lifting which happened about 2 years ago. Will this affect her chances for applying a spouse visa to UK? Is there anyway round this? Is this a dead cert for life?

Edited June 17, 2010 by sandykingchu

[ThaiVisaExpress]

10 year ban from the UK :

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

I would advise you go to the Royal Thai Police and get a crI'minal record check these are not expensive.

We have processed applications for clients who have previously been deported from Singapore/Korea etc and they got their visas.

If you require professional help feel free to contact me we have an office in the UK/Thailand im currently working in the Pattaya branch.

Regards Paul

OISC F200700163

[7by7]

Questions.

1) Was the offence she committed also an offence in the UK?

2) If committed in the UK, would the maximum sentence be imprisonment for 12 months or more?

3) if committed in the UK, would the conviction now be spent under the Rehabilitation of Offenders Act 1974?

Answers.

1) Yes, theft is an offence in the UK.

2) Maximum sentence is 7 years; see CPS Sentencing Manual; Theft from Shop.

3) Depends on the actual sentence recieved and how long ago the conviction was. See Law on the Web for a simplified version of the act.

Until her conviction is considered spent, she will be unable to obtain a UK visa. When can I refuse on the grounds of criminal convictions – paragraph 320 (18)?

See this topic for more discussion on this.

[ThaiVisaExpress]

As advised above we do this with all applications insert the offence on the form.

If you have a police check this will advise you if you have a recorded conviction in Thailand.

[sandykingchu]

Questions.

1) Was the offence she committed also an offence in the UK?

2) If committed in the UK, would the maximum sentence be imprisonment for 12 months or more?

3) if committed in the UK, would the conviction now be spent under the Rehabilitation of Offenders Act 1974?

Answers.

1) Yes, theft is an offence in the UK.

2) Maximum sentence is 7 years; see CPS Sentencing Manual; Theft from Shop.

3) Depends on the actual sentence recieved and how long ago the conviction was. See Law on the Web for a simplified version of the act.

Until her conviction is considered spent, she will be unable to obtain a UK visa. When can I refuse on the grounds of criminal convictions – paragraph 320 (18)?

See this topic for more discussion on this.

Thanks 7by7 very thorough infos.

It looks like she'll have to wait another 3 years before she can apply for a visa. With protectionism going overload here I jus hope that the immigration rules do not change much before then.

[7by7]

Remember that Para 320(18) says

save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons........

so it may be worth speaking to an OISC adviser, such as TVE, to see if there is any chance due to this. Although, to be honest, if this is merely a desire by husband and wife to live together in the UK, I doubt it.

[ExpatArchie]

Remember that Para 320(18) says

save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons........

so it may be worth speaking to an OISC adviser, such as TVE, to see if there is any chance due to this. Although, to be honest, if this is merely a desire by husband and wife to live together in the UK, I doubt it.

You contradict yourself. Previously you categorically stated she will NOT get a visa.

ThaivisaExpress is more positive and he has the experience. Follow his advice. Get a criminal record check. Shoplifting very very rarely goes to court., normally dealt with by a fine at the police station so may not be recorded on a national database (according to my wife).

Visa Refusal is the "normal" decision. An ECO is also required to consider whether a refusal is proportionate Simple theft from a shop, if a first offence, is not considered a serious offence in the UK and on first convictiion presumption is against a custodial sentence. .

But do not be put off applying.

[ExpatArchie]

Upon further reflection.

The guidance to ECOs states that refusal should be the norm where the UK sentence for a comparable crime could be imprisonment for 12 months or more.

7by7 states for Theft from a shop it could be 7years. Not necessarily. Simple theft, no aggravating circumstances COULD NOT be so punished. I assume ECOs are trained to consider sentencing guidelines to which Judges MUST adhere (guidlines is a misnomer).

[sandykingchu]

Upon further reflection.

The guidance to ECOs states that refusal should be the norm where the UK sentence for a comparable crime could be imprisonment for 12 months or more.

7by7 states for Theft from a shop it could be 7years. Not necessarily. Simple theft, no aggravating circumstances COULD NOT be so punished. I assume ECOs are trained to consider sentencing guidelines to which Judges MUST adhere (guidlines is a misnomer).

Does that mean there is still hope? She only got a small fine mind, summat like 50 quids. But from the thread 7by7 pointed me to, the other lady is in a similar situation, she was fined in HK for only a few thousands HK dollars but was turned down by ECO numerous times. Will it increase the chances of sucess if I provide info of her education background. Shes grade 8 in piano, got a degree and mutilingual. Can the eco look pass the small blot in a otherwise immaculate personal background? At the end of the day she merely forgot to pay for a magazine!

[7by7]

Para 320(18) is quite clear; if the offence is one which if committed in the UK could have attracted a maximum sentence of 12 months imprisonment or more, the ECO must refuse. Unless there are strong compassionate reasons for granting the visa.

The Crown Prosecution Service sentencing guidelines are quite clear. The maximum sentence for theft from a shop is 7 years.

However, if the conviction is considered spent under the Rehabilitation of Offenders Act, then the conviction does not have to be declared in the application.

The rehabilitation period depends upon the actual sentence received, not the maximum. For a fine this is five years.

That is the general situation as I see it, based upon the official government information previously linked to. ExpatArchie obviously disagrees with me, as he often does, but has not provided any sources to support his argument; he never does for some reason.

Sandykingchu, if you want specific advice on her situation and the possibilities of success or otherwise, then you must speak to an OISC adviser or other qualified person. (Not an agent in Thailand unless, like TVE, they are on the OISC register.)

[sandykingchu]

Sandykingchu, if you want specific advice on her situation and the possibilities of success or otherwise, then you must speak to an OISC adviser or other qualified person. (Not an agent in Thailand unless, like TVE, they are on the OISC register.)

Thanks for your reply 7by7. I am still contemplating whether i should get advice from an adviser as their charges is very expensive and the end result probably wouldn't be far from where i started. Anyway your advice is very useful, appreciate your help. Thanks again.