Suspended sentence

[craftynick]

Hi. I apologise if this question has been addressed elsewhere but i couldnt find the info i needed. Is it possible to get a settlement visa for my husband for the UK if he has a suspended sentence in another country ie Spain?

[Mr Rusty]

This is what the instructions say:

"Paragraph 320 of the Rules states that an application should normally be refused if that person has been convicted of an offence in any country, which could have attracted a term of imprisonment of 12 months or more if the offence had been committed in the UK"

So it depends on the nature of the offence and whether that would have attracted a prison sentence of 12 months or more in the UK.

I can't say categorically, but I would have thought that they would regard a suspended sentence the same as actual imprisonment. After all, it's not about the length of time served, it's about the term of imprisonment. If someone is sentenced in the UK to 12 months, they may well only serve half of that, but it's still a 12 month sentence. That seems to me the same, even if the court says he doesn't have to serve any of it.

Depending on the length of sentence, the Rehabilitation of Offenders Act may come into play, so it's not necessarily a lifetime ban.

[craftynick]

Thank you very much for your help. Am i right in assuming the same would apply to an EEA Family Permit?

[Mr Rusty]

Thank you very much for your help. Am i right in assuming the same would apply to an EEA Family Permit?

Not necessarily. The regulations provide for exclusion on the grounds of "Public Policy, Public Security or Public Health", but as far as I am aware the Public policy and security criteria are generally aimed at serious criminals and terrorists. I think all you can do is ask the embassy where you hope to apply, unless someone else here can give you more specific info.