Tier 4 Visa with Felonies

Hello Everyone,

I live in the United States and am currently finishing a masters degree and desire to someday get a PhD in the UK. I have read a lot previously on this forum and am a bit confused on how some things work and have checked the government websites only to find more confusion. If anyone could take some time to answer some of my questions I would greatly appreciate it.

So, back in 2018 I was convicted of 2 counts of felony drug trafficking (3rd degree). One for a class A and one for a class B substance according to the UK laws. I was sentenced to a one year suspended jail sentence and admitted into a diversionary program which I completed without issue in mid 2019. All non custodial.

My questions are:
Do you think there will EVER be a chance I can get a tier 4 visa?
When considering the crime, does the reviewer consider how severe my punishment was, or how severe it would have been had it been done in the UK?

Like I said, I am currently finishing my masters degree and would not mind having to wait a few years or so to get a PhD but I am trying to figure out my possibilities now so that I may work towards them. I appreciate any help you can give and would also appreciate any other information you think I should know.

MrRay wrote: ↑

Fri Apr 17, 2020 7:14 pm

Do you think there will EVER be a chance I can get a tier 4 visa?
When considering the crime, does the reviewer consider how severe my punishment was, or how severe it would have been had it been done in the UK?

If the application was being decided less than 12 months after completing your sentence, it would be a discretionary (not mandatory) refusal under paragraph 320(18A) of the Part 9 of the immigration rules:

...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

https://www.gov.uk/guidance/immigration ... or-refusal

It seems unlikely you would fall foul of any of the other grounds for refusal, but it would be wise to look through them.

A suspended sentence is usually classified as a custodial sentence even though there is a chance the convicted person might never get taken into custody.

JohndoesUK wrote: ↑

Sun Apr 19, 2020 5:10 am

A suspended sentence is usually classified as a custodial sentence even though there is a chance the convicted person might never get taken into custody.

Where are you reading that? The current guidance for UKVI caseworkers on this specific matter very clearly says the opposite.

See https://www.gov.uk/government/publicati ... s-guidance, page 70 "Suspended sentences":

A suspended prison sentence must be treated as a non-custodial sentence.

sah10406 wrote: ↑

Sun Apr 19, 2020 10:43 am

JohndoesUK wrote: ↑

Sun Apr 19, 2020 5:10 am

A suspended sentence is usually classified as a custodial sentence even though there is a chance the convicted person might never get taken into custody.

Where are you reading that? The current guidance for UKVI caseworkers on this specific matter very clearly says the opposite.

See https://www.gov.uk/government/publicati ... s-guidance, page 70 "Suspended sentences":

A suspended prison sentence must be treated as a non-custodial sentence.

Ok, I see. The source I was using was:

https://post.parliament.uk/research-bri ... t-pn-0613/

but since the home office explicitly says it chooses not treat a suspended sentence as a custodial sentence the OP should use that information instead.