Partner has criminal record

[risonax]

I met my wife outside the UK in 2022. Subsequently I have learnt that in late 2019, she was convicted of overstaying in Malaysia. As she could not pay the fine, she received a 4 week custodial sentence and then was deported, as well as receiving a 5 year ban from Malaysia.

My mother is in poor health and is unable to travel (paraplegic). She would very much like to meet her Daughter in Law.

However, my understanding is that visa applications if the applicant has had a 12 month or less custodial sentence will be refused if less than 5 years has elapsed since the end of the sentence. That would mean my wife would not be able to apply for a visa until December 2024 at the earliest.

It is quite possible that my mother will have passed away by then.

Is there any precedent for special dispensation in such cases? If an application for a Partner visa is made, there is a strong possibility (definite) for refusal meaning loss of the very high application fee. For a visitor visa, I understand a 10 year travel history must be furnished. Is there any possibility of special consideration via a visitor visa, given that the purpose would be to allow family relations to be established?

I read this document:
https://assets.publishing.service.gov.u ... _0_ext.pdf

Which is (2015) guidance for IOs in considering Visit visas that include a Human Rights element. I'm not sure Mother-in-Law/Daughter-in-Law relationships have any meaning under Article 8 of the ECHR. And even if it did, it seems that because she has an Immigration offence, that would be enough that refusal to grant a visa would be considered "proportionate", the irony being if the offence was for "actual" criminality, such as theft, assault etc, this would mean that refusal would fail the proportionality test.