Marriage Conviction Removal?

[flubber]

This is my situation.

I entered the UK with a marriage visa and was granted the 2 year probation period. However, after the first year and a bit, I was convicted of 3x ABH towards my spouse. I was given a 2 year suspended sentence and an 18 month supervision order. With this in mind, my visa will expire this August. I am seeing an immigration solicitor about my current status within the country from August onwards. And...now we are going through the beginning proceedures of divorce.

The dilemma is: As I am given a 2 year suspended sentence, do I have to fulfill it within the country I was sentenced in? If not, how does this affect the rehabilitation period? Probation have not been able to explain to me the full extent of what I am able/not able to do.

I understand that my visa is conditional - valid: if I am fulfilling the marriage criteria or if not, I should be in contact with the home office and telling them about the separation. I've put off telling the home office as I figure that probation and the home-office-approved bail hostel (of which I am residing) are aware of me and my situation.

So. Question is...as I am given a suspended sentence, does it mean that I complete the sentence in the UK or will I be asked to go back to NZ?

A friend who used to work in the home office told me that deportation is not very likely as I would have had "recommendation for deportation" on my sentence.

Any replies would be helpful

[Dawie]

The dilemma is: As I am given a 2 year suspended sentence, do I have to fulfill it within the country I was sentenced in?

There is nothing to fulfil, your sentence was, by definition, suspended.

[Jeff Albright]

So. Question is...as I am given a suspended sentence, does it mean that I complete the sentence in the UK or will I be asked to go back to NZ?

You will either be asked to go back to your country of nationality before August or if not, then you must leave before the expiry date of your 2 year leave to remain.

[flubber]

Oh ok. I thought that if the sentence is suspended, I need to remain in the country for the length of the suspended sentence. Thanks for the response.

[stedman]

Oh ok. I thought that if the sentence is suspended, I need to remain in the country for the length of the suspended sentence. Thanks for the response.

If you were British, you most definitely would have to be in the country for the entire period of your probation and you cannot move to another country during your suspended prison sentence, unless it was passed with very few requirements - most require some kind of contact with probation. I suggest you get your solicitors to find out what the precedence on this is, as you could well be arrested should you return to the UK in future.