Hi All,
My apologies for this very long post, it's just that the case is a little complex.
Background:
I am a dual British woman married to an Egyptian national.
My husband was married in Sweden in 03/2002, and has a daughter from that marriage.
In 12/2004 his then wife brought domestic violence charges against him and in 01/2005 he was convicted in the abscence of any evidence solely her testimony, and word of mouth 'witnesses' who simply relayed in court a somewhat 'second-hand' testimony, simply confirming what she had relayed to them and all 3 of these'witnesses' stated they had never seen the 'victim' with any kind of injury.
My husband was sentenced to 18 months imprisonment 12 of which he would actually serve.
Also his permanent residence in Sweden was cancelled which would mean he would be deported to Egypt upon completion of his sentence.
He appealed to the Court of appeal in Stockholm but the judgement was upheld.
In 07/2005 My husband entered the UK on a tourist visa that had been issued at the British embassy in Stockholm.
He was divorced in his absence in 12/2005 for which we have the divorce certificate.
We met in 05/2006 and were married in an Islamic ceremony in 07/2006 and in the Church of England in 05/2008.
In 03/2010 my husband surrendered to an EU warrant issued by Sweden and was arrested by appointment and subsequently extradited to Sweden to serve his custodial sentence.
Whilst incarcerated, my husband & I wrote to the EU court of human rights as well as the EU courts of justice and the supreme court of Sweden to request a re-trial on the grounds that he was trialed without any evidence, but it was to no avail.
My husband was released in Sweden in 02/2011 where I joined him and we relentlessly tried to obtain help from lawyers but again to no avail.
In 04/2011 my husband purchased tickets and returned on his own accord to Egypt and I returned to the UK.
I have joined my husband in Egypt on 24/05 and we are at present preparing all relevent documents to lodge an application for a UK spouse/married visa whilst we await the result of his cambridge esol exam.
We have extensive evidence of our relationship as well as several letters/cards from/to each other and of me travelling from the UK to Sweden to visit him whilst in prison.
My husband has no other criminal convictions in any other country and there has never been any domestic violence within our marriage.
He has several glowing character references from friends, members of my family, and colleagues from the hotel that he worked at as a chef in London.
I would like to know will the fact that he has a criminal conviction practically guarantee us a refusal?
And if so, what kind of chances would we stand of winning an appeal?
We don't have any children as of yet but can document that we have been in a relationship for 5 years.
Any help much appreciated
Many Thanks
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