UK Visa vs Criminal convictions

[red7]

Hi all,

First, I would ask everyone not to be judgemental if you reply to this post. I need some genuine advice please.

I am a UK citizen, half way through my working holiday visa in Australia. Today, I received an offer from a University to start a Degree course in Music - a lifelong dream of mine - in September.

However, I have met an 'Aussie Bloke' since being here and we are renting a house, settling down together. I'm not one of those people that has declared my undying love for every boyfriend I've had but I do really love this guy and he feels the same about me.

Problem is, he's gone off the rails a few times and has around 5 or 6 criminal convictions from 2007 to 2014. All 'minor offences' in the eyes of the law - common assault (fighting), drunk and disorderly etc. and has been issued 'good behaviour bonds' in the past. He's never done any jail time.

Do I stand any hope whatsoever of getting this guy over the UK border in September?? Would it make any difference if we were married? (Sounds drastic but choosing between the career I've waited my whole life for and the love of my life is not a decision I want to be facing).

Any help on this will be much appreciated.

Thank you!

[Wanderer]

You mean permanently or just for a visit?

[MPH80]

I had assumed permanent here - but Wanderer does raise a good question.

Assuming it's permanent - you have three problems:

Firstly - UKVI may regard your partner as a persistent offender - even if his convictions are minor - and thus undesirable. This would be discretionary and you would have to apply to find out their opinion. But you will have to declare every offence and conviction as that could result in a much longer ban if you fail to.

Secondly - There isn't a 'boyfriend' visa for the UK - that means you can apply for either a) a work visa for him - but this requires a company to sponsor him, b) a fiancee visa where you intend to get married in the UK within 6 months (but he can't work until you do AND you convert the visa to further leave to remain), c) a spouse visa where you are already married or, finally, d) a working holiday maker visa of his own - but there are thresholds on this per year and I'm not sure where we're at with applications this year from Australia. You should note that the criminality thresholds could apply to all of these.

But then - thirdly - in order to apply for the spouse visa or the fiancee visa - you have to meet an income threshold. That threshold is £18,600 a year. you need to show that you have a confirmed job offer in the UK for that amount and that you have been earning over that threshold in Australia in the last 12 months. Given you are returning to study - that'll be tricky.

You should also be aware of the expensive road you are heading towards. Each visa is around £850 right now. You have to apply for the spouse visa for entry, extend it after 33 months, then pay for indefinite leave to remain after a further 33 months. Each time you need to meet the financial requirements.

Is it easier if you're married? Sure - you don't have to find him work before he arrives - but you do.

M.

[red7]

Thank you both for your replies.

As it stands at the moment, I have been offered a place on a 3-4yr degree course in the UK and we both want him to accompany me back to the UK. After that, we will decide whether to settle permanently in the UK or (most likely) in Australia. So for now, I believe the most appropriate visa is the working holiday.

I have also looked at the Ancestry Visa on the UK Gov website:


https://www.gov.uk/ancestry-visa


I'm unsure as whether he would need BOTH circumstances at the last section of the page - i.e. of the Grandparent and Parent, of if just the Grandparent bit would suffice. I believe he does have an English Grandparent but his parent was born in Australia.

How do you interpret the requirement please?

[MPH80]

Ancestry - fair point - that had slipped my mind.

The requirements are laid out in section 5 of the immigration rules. https://www.gov.uk/government/uploads/s ... MASTER.pdf

You can see that there's only reference to the grandparents.

However, he's going to need to be able to prove the GP was UK born and then prove the blood line down to him (which, in reality, can only really be done with birth certificates).

And he STILL might be refused on the convictions - which I think is more likely than not - he's a persistent offender, over 7 years, with recent activity. Were it a couple of incidents 7 years ago with no problems since - that'd be different.

It's worth noting paragraph 320(18A):

(18A) within the 12 months prior to the date on which the application is decided, the person has
been convicted of or admitted an offence for which they received a non-custodial sentence or
other out of court disposal that is recorded on their criminal record;

That's a rule under which someone should normally be refused - but if there are extenuating circumstances it might be overlooked.

So if there was any kind of non-custodial sentence - which would include a good behaviour bond IMHO - for the 2014 incident - he might well be simply ineligible.

And if that one end up excluding him - have a look at this one:

(18B) in the view of the Secretary of State:

(a) the person's offending has caused serious harm; or

(b) the person is a persistent offender who shows a particular disregard for the law.

Sorry to be the bearer of bad tidings.

M.

[Amber]

Do bare in mind that if applying for spouse leave to enter then:

Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

[red7]

Thank you all for your help. We have since discovered that it's his GREAT Grandparents that were UK residents, not his Grandparents.

Also, it seems that marriage is no more likely to get a partner visa than a De facto relationship, so we can go down that route after 12 months if all else fails (i.e. me going back to Australia under the partner visa).

Regarding the convictions, they are all minor in the eyes of the law, so yes, I'm more worried about him being labelled a 'repeat offender'. I'm thinking it most likely that we will have to wait until the conviction date has exceeded 12 months. We will just have to keep our fingers crossed. Out of interest, does anyone know how long a person has to wait between visa applications? If the first is unsuccessful, how long before he could apply again?

[Amber]

When was the last conviction?

[red7]

Earlier this month

[Amber]

The applicant will be refused entry clearance on grounds of suitability if any of
paragraphs S-EC.1.2. to 1.8. apply

Then a possible refusal as per:

The exclusion of the applicant from the UK is conducive to the public good because,
for example, the applicant's conduct (including convictions which do not fall within paragraph S-EC.1.4.), character, associations, or other reasons, make it undesirable to grant them entry
clearance.

and also,

The applicant will normally be refused on grounds of suitability if any of paragraphs
S-EC.2.2. to 2.5. apply

The exclusion of the applicant from the UK is conducive to the public good because:

(a) within the 12 months prior to the date on which the application is decided, the person
has been convicted of or admitted an offence for which they received a non-custodial
sentence or other out of court disposal that is recorded on their criminal record; or
(b) in the view of the Secretary of State:
(i) the person's offending has caused serious harm; or
(ii) the person is a persistent offender who shows a particular disregard for the
law.