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Topic: Fiance/Spouse Visa Criminal History Questions  (Read 995 times)

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Fiance/Spouse Visa Criminal History Questions
« on: October 26, 2017, 09:39:08 PM »
From what I have read on this forum regarding criminal decisions is that the emphasis is on scope of character.
I will give some background (probably TMI) please advise how and what to report on my application.


 I have several misdemeanors for cannabis, all of which have been set aside,however I'm  told will still show up on public record, it will show as set aside.

set aside: vacating judgment and dismissing the charges,releasing the defendant from all penalties and disabilities resulting from the conviction , restoring civil rights.


 none have  resulted in jail time, only fines and community service. They are all misdemeanors not felony and I have had a doctors prescription for the past several years, should I include this information and proof from doctor and a list of my chronic disabilities to help my scope of character?  Also I am aware that the UK has legalized CDC (non psychoactive compound of cannabis) Should I inform on the application that this will be my intended method of pain management so they don't assume from my history that I will seek out illegal cannabis to treat my pain?

I read the clause which said: may be refused if admitted to an offense in there past 12 months that resulted in an out of court sentence (in my case it was a fine and community service) my last payment for my las. ( I was caught possessing in 2014 but not charged until July of this year.)
 Even though I have my doctors  prescription, I did not have proof at the time I was caught and the judge said unfortunately I  had to be charged to pay the fine regardless.

I have been donating hundreds of hours to the community over the past several years working on a documentary for a non profit school for disabled young adults. Should I also include this information? I also mentored a local high school student in soccer, and have mentiored several  college students making their final thesis films for university over the past several years,. Should I include this info and proof to help my case?

Is this the type of situation that requires a lawyer?


 How do you see this playing out in the eyes of the decision maker?  the specific wording is: 'may be refused"

Also How far back should I report things like speeding tickets?

Is there knowledge of the specific type of background  check done?Maybe there is a service which can run a similar level of background check so I can see what will show up or  how the judgments are specifically worded.


US citizen applying for fiancé visitor visa (intending to stay after)

 2013: met fiancĂ© in London
2014: engaged in Grand Canyon
10/29/2017: fiance visa application sending priority 
HOPING TO BE IN LONDON FOR CHRISTMAS
HOPING FOR JANUARY WEDDING


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Re: Fiance/Spouse Visa Criminal History Questions
« Reply #1 on: October 27, 2017, 10:36:19 AM »
You'll need to disclose all your charges on your application.  It's worth including a copy of your record.

The charge from July may impact you, not going to lie. 

I wouldn't add in anything about using cannabis in the UK or community service work.  Neither are relevant and won't affect your application in any way.

If, after you obtain a copy of your record and it shows a charge within the last 12 months and doesn't indicate an earlier date...  I'd either consider hiring a REPUTABLE attorney (we recommend Victoria Sharkey with Medivisas or Laura Devine) or postponing the application until you have 12 months with no charges.


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Re: Fiance/Spouse Visa Criminal History Questions
« Reply #2 on: October 27, 2017, 11:44:31 AM »
Mention every crime and let UKVI sort out what is relevant, then you can't be accused at a later date of using decepetion. It's how the UK views that crime.

Deception is very serious in the UK and people get removed for it, lose British citizenship for it, regardless of how many years ago they used deception and weren't caught at the time, or if that crime would not have stopped them getting a visa anyway.

All minor crimes can be sorted as long they are declared, even if you have to wait to show you have changed. If you then commit crimes in the UK, it can be a problem.
« Last Edit: October 27, 2017, 12:02:33 PM by Sirius »


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