List arrest (not conviction) on fiance application?

[happyhippo]

Hello! I have a question regarding fiancé/spousal visas that I’m hoping someone might be able to help with.

I am planning to come over to the UK on a fiancé visa to be with my British partner. Once there, we will get married and then apply for a spousal visa. While we haven’t made any further plans than this, it’s possible that down the line we will then look into getting ILR or citizenship. We’ve tried to do our homework about the process and what is required of us, and mainly I think we have a firm grasp on things. However, we have a question regarding the Criminal History portion of the application.

Without going in to too much detail, there was an incident several years ago and I ended up being arrested for battery (misdemeanor). The entire situation was completely ridiculous, and in my opinion the arrest was completely unjustified. But in any case, charges were never even filed, so I was never actually convicted of anything. There are no outstanding issues with this, and I am actually now in the process of trying to get the arrest sealed on my record. Apart from one speeding ticket (also several years ago), I have no other blemishes on my record. I am a very law-abiding citizen, but I am terrified that this one infraction is going to completely derail our plans for me to live in the UK with my partner. A few questions around this:

1. Do I need to disclose this arrest on the application? I believe I can safely mark “No” on the questions referencing “convictions” (since I don’t have any) and “awaiting/currently on trial” (since I am not). But my concern lies with the “Have you engaged in any other activities that might indicate that you may not be admitted to the UK” and “Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country” questions.
2. Is a background check performed on all applicants? If so, is it worth waiting until my arrest has been sealed? However, I assume that if a background check is performed, it will be an FBI one which would show the arrest anyway…
3. Is it worth getting a lawyer to do the application? We would prefer NOT to use a lawyer since we are trying to save money at the moment, but if there would be a distinct advantage to using one, we are open to this.
4. Would there be any difference between the fiancé visa application and other visas down the line (i.e., if this doesn’t prevent me from getting my fiancé visa, would there be some reason why it might prevent me from getting ILR, etc.)?
5. Do I need to declare my speeding ticket?
6. If I do have to disclose the arrest, do I have to submit supporting documentation like the police report, etc.?
7. If we do end up needing to use a lawyer to assist with the application, what would be a reasonable ballpark for what we could expect to pay?

Please note that I am *not* in any way trying to do anything illegal by not listing it if I am required to. I want to do everything 100% by the book so that we don’t come into any issues later. I would mainly just like to know what is/isn’t required since I find the language on the application to be slightly vague. Many thanks in advance for any input.

[physicskate]

Hello! I have a question regarding fiancé/spousal visas that I’m hoping someone might be able to help with.

I am planning to come over to the UK on a fiancé visa to be with my British partner. Once there, we will get married and then apply for a spousal visa. While we haven’t made any further plans than this, it’s possible that down the line we will then look into getting ILR or citizenship. We’ve tried to do our homework about the process and what is required of us, and mainly I think we have a firm grasp on things. However, we have a question regarding the Criminal History portion of the application.

Without going in to too much detail, there was an incident several years ago and I ended up being arrested for battery (misdemeanor). The entire situation was completely ridiculous, and in my opinion the arrest was completely unjustified. But in any case, charges were never even filed, so I was never actually convicted of anything. There are no outstanding issues with this, and I am actually now in the process of trying to get the arrest sealed on my record. Apart from one speeding ticket (also several years ago), I have no other blemishes on my record. I am a very law-abiding citizen, but I am terrified that this one infraction is going to completely derail our plans for me to live in the UK with my partner. A few questions around this:

1. Do I need to disclose this arrest on the application? I believe I can safely mark “No” on the questions referencing “convictions” (since I don’t have any) and “awaiting/currently on trial” (since I am not). But my concern lies with the “Have you engaged in any other activities that might indicate that you may not be admitted to the UK” and “Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country” questions.
2. Is a background check performed on all applicants? If so, is it worth waiting until my arrest has been sealed? However, I assume that if a background check is performed, it will be an FBI one which would show the arrest anyway…
3. Is it worth getting a lawyer to do the application? We would prefer NOT to use a lawyer since we are trying to save money at the moment, but if there would be a distinct advantage to using one, we are open to this.
4. Would there be any difference between the fiancé visa application and other visas down the line (i.e., if this doesn’t prevent me from getting my fiancé visa, would there be some reason why it might prevent me from getting ILR, etc.)?
5. Do I need to declare my speeding ticket?
6. If I do have to disclose the arrest, do I have to submit supporting documentation like the police report, etc.?
7. If we do end up needing to use a lawyer to assist with the application, what would be a reasonable ballpark for what we could expect to pay?

Please note that I am *not* in any way trying to do anything illegal by not listing it if I am required to. I want to do everything 100% by the book so that we don’t come into any issues later. I would mainly just like to know what is/isn’t required since I find the language on the application to be slightly vague. Many thanks in advance for any input.

1.) No need to mention it as a conviction. If there is a space for any other information you want to include - I'd include as much information you have about the incident. Any paperwork??
2.) No FBI checks.
3.) Most people don't use a lawyer unless their application is complicated by poor immigration history.
4.) No real difference between the fiance visa (it's called the marriage visa in the options) and spouse visa requirements except being married.
5.) Declare everything. Speeding tickets won't affect the outcome though, but always safer to declare. Keep a copy of your application so you can remember the info for future applications.
6.) See answer 1.
7.) How long is a piece of string? Many lawyers are NOT au fait with the ins and outs of these applications, and the ones that are will probably charge upwards of £1,000.

Any reason you haven't considered marrying in America and having a blessing in the UK at a later date? Lots of people do this because you would have immediate access to the NHS and the ability to work too (no NHS or work on the fiance visa). Also the notice requirements to marry in the UK mean you have to wait to marry for up to 70 days after you arrive (much more likely to be 28 days, but possible to be as long as 70 days as you are foreign). AND you can't give notice until you have been in the UK for a week - so it can be some months before you can use the NHS and work. Oh and you have to have the net visa in hand before you use NHS or work.

[happyhippo]

Thanks for the reply, physicskate. I don't have much paperwork from the arrest except for a copy of the booking card. So if I need to disclose it, I will request copies of everything from the police station. So should I answer "yes" to the "Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country" question and provide a brief explanation of the events in the comment box there?

Regarding marrying in the US and entering in the UK on a spouse visa, we might look into this a little bit more. Our original plan was to get a fiance visa and then spouse visa so that we wouldn't have to be apart immediately after we get married. It makes me sad to think of being newlyweds and having to live on different continents for a few months. However, a lot about this process isn't ideal, so we could make it work if it's the better option.

Since it's just one misdemeanor arrest with no conviction, as long as I disclose it, then the application shouldn't be rejected solely on that basis, right?

[physicskate]

Thanks for the reply, physicskate. I don't have much paperwork from the arrest except for a copy of the booking card. So if I need to disclose it, I will request copies of everything from the police station. So should I answer "yes" to the "Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country" question and provide a brief explanation of the events in the comment box there?

Regarding marrying in the US and entering in the UK on a spouse visa, we might look into this a little bit more. Our original plan was to get a fiance visa and then spouse visa so that we wouldn't have to be apart immediately after we get married. It makes me sad to think of being newlyweds and having to live on different continents for a few months. However, a lot about this process isn't ideal, so we could make it work if it's the better option.

Since it's just one misdemeanor arrest with no conviction, as long as I disclose it, then the application shouldn't be rejected solely on that basis, right?

Yup, that box seems the most appropriate. And no, it should have absolutely no bearing on the outcome of your application.

Also marrying in America saves on the cost of the fiance visa as your fiancee can enter and marry on an ESTA. True that it will likely result in being apart for up to 3-4 months. Maybe a mini-moon within America after the ceremony and before you submit the application?

[happyhippo]

Great, thanks! Was thinking it shouldn't really affect anything since it wasn't a conviction, but it makes me feel better to hear it from someone else.

Yes, marrying in the US would probably be the cheaper option, so it's still on the table. But due to my partner's work schedule and the fact that I'm not too keen on being apart immediately after getting married, I'm still leaning toward just paying the extra money and doing everything in the UK. But we'll see how everything shakes out. At this point I'm about ready to just do whichever option will allow us to be together as soon as possible! This long distance thing is not very fun.

[physicskate]

Great! Well if you do go don the fiance route, please make sure you get some health insurance for while you're in the UK under that visa, otherwise you can be charged 150% the cost of NHS treatment...