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Marrying a foreign criminal >>>

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halfasheep
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Marrying a foreign criminal >>>

Post by halfasheep » Mon Jul 27, 2015 4:55 pm

That sounds a bit more harsh than it is, but I've been a penpal with a US citizen for many years, and we've met several times. She would like to come to the Uk for an extended visit, and although we're pretty intent on starting a relationship, I've never had any cause to look at UK citizenship.

She has a criminal record - spent over 4 years in prison in total. Now the question is, can we get married before she applies for citizenship? Does that make a difference?

She won't get it because of her record I know, so obviously the question is whether I move to the US instead (I have no criminal record whatsoever)

Is there anyway around this immigration rule?

Thanks guys

Wanderer
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Ireland

Re: Marrying a foreign criminal >>>

Post by Wanderer » Mon Jul 27, 2015 4:59 pm

halfasheep wrote:That sounds a bit more harsh than it is, but I've been a penpal with a US citizen for many years, and we've met several times. She would like to come to the Uk for an extended visit, and although we're pretty intent on starting a relationship, I've never had any cause to look at UK citizenship.

She has a criminal record - spent over 4 years in prison in total. Now the question is, can we get married before she applies for citizenship? Does that make a difference?

She won't get it because of her record I know, so obviously the question is whether I move to the US instead (I have no criminal record whatsoever)

Is there anyway around this immigration rule?

Thanks guys
Think you need to take a step back - any sort of citizenship is a long way off - it's a long and expensive journey to get to that point, years and £xxxxxx.

With a recent criminal record she'd need to formally apply for a visa and depending on what she did time for, might not even be granted entry anyway.

I'd look at relocating to USA.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Marrying a foreign criminal >>>

Post by Casa » Mon Jul 27, 2015 5:05 pm

How do you believe she can apply for British Citizenship? If you were to marry in the US she would have to apply for a limited leave to remain, Spouse Settlement visa. If granted this would give her an initial probationary period of 33 months, after which she would have to apply for a further 2.5 year visa extension. At the end of the 5 year period, if your relationship was still subsisting she would qualify for permanent settlement (ILR). Under normal circumstances, she would then be able to apply for British Citizenship, but this may be refused due to her criminal history. The issue of the initial spouse settlement visa would also depend on the type of criminal offence for which she was imprisoned.
A spouse settlement visa also requires you to have an annual income of at least £18,600 or £62,000 in savings if you're not employed.
Savings of £16,000 or over will be considered to make up any shortfall in earnings. The entry visa fee is £956 + £500 NHS surcharge.

Wanderer...how do you always manage to beat me to the line? :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Marrying a foreign criminal >>>

Post by Wanderer » Mon Jul 27, 2015 5:07 pm

Casa wrote:How do you believe she can apply for British Citizenship? If you were to marry in the US she would have to apply for a limited leave to remain, Spouse Settlement visa. If granted this would give her an initial probationary period of 33 months, after which she would have to apply for a further 2.5 year visa extension. At the end of the 5 year period, if your relationship was still subsisting she would qualify for permanent settlement (ILR). Under normal circumstances, she would then be able to apply for British Citizenship, but this may be refused due to her criminal history. The issue of the initial spouse settlement visa would also depend on the type of criminal offence for which she was imprisoned.
A spouse settlement visa also requires you to have an annual income of at least £18,600 or £62,000 in savings if you're not employed.
Savings of £16,000 or over will be considered to make up any shortfall in earnings. The entry visa fee is £956 + £500 NHS surcharge.

Wanderer...how do you always manage to beat me to the line? :?
Cos I let you type all the rules out again! You should just put them in your sig!!
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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United Kingdom

Re: Marrying a foreign criminal >>>

Post by Casa » Mon Jul 27, 2015 5:09 pm

@Wanderer But your posts are far more entertaining :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

halfasheep
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Joined: Mon Jul 27, 2015 4:35 pm

Re: Marrying a foreign criminal >>>

Post by halfasheep » Mon Jul 27, 2015 8:15 pm

Thank you both - trust me when I say marriage is a long way off the horizon, but we've obviously talked about the future, and one of us has to make a move if that happens.
I'm lucky in that I have a job here whereby I could support the two of us, but its her criminal conviction that is going to cause the issues - some serious drug smuggling and money laundering in her past.
I'll be seeing her soon as she's over next month and we'll have a think about our future.
many thanks guys

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Casa
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Re: Marrying a foreign criminal >>>

Post by Casa » Mon Jul 27, 2015 9:52 pm

halfasheep wrote:Thank you both - trust me when I say marriage is a long way off the horizon, but we've obviously talked about the future, and one of us has to make a move if that happens.
I'm lucky in that I have a job here whereby I could support the two of us, but its her criminal conviction that is going to cause the issues - some serious drug smuggling and money laundering in her past.
I'll be seeing her soon as she's over next month and we'll have a think about our future.
many thanks guys
So are you asking about how she can legally enter the UK now or about marriage a long way off in the future? If it's the latter, then you can only be advised on the Regulations as they stand at the present time, which may be quite different when you eventually apply.
I would say however, that as drug offences let to her imprisonment, she's unlikely to be granted any visa for the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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