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Topic: Traveling to the UK with a criminal record..  (Read 1719 times)

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Traveling to the UK with a criminal record..
« on: August 25, 2005, 08:55:27 PM »
I really don't know where to find the answer to this question or where to ask, so I'm asking here.

I have a family member who would like to come visit me here in the UK. However, they have a felony on their record from October 2003. If it matters, it's for money embezzlement. They don't have a passport yet so they'd have to apply.

Does anyone know if having a felony on your record matters when you apply for a passport? Because it certainly seems like it would. Could they be denied a passport? And, if they do get a passport, would they have any trouble coming to the UK for a week or two week visit?

If anyone has any answers for me I'd really appreciate it.


Re: Traveling to the UK with a criminal record..
« Reply #1 on: August 25, 2005, 09:57:16 PM »
I don't know about the US passport rules - sorry  :-[

On the UK side of the pond, a felon is supposed to get an entry clearance before travelling to the UK.  No two ways about it.  If they show up without one, they need to declare it and come up with a convincing reason why they don't have an entry clearance.   If they show up and do not declare it, they risk having it show up in a trawl of the passenger database, and that's *bad* because after that, the airlines are involved and they can be fined for letting him board.  So advise him not to go that route.

Because embezzlement falls under the general definition of so-called "crimes of dishonesty", it needs to be declared forever. 

On the positive side, family visitors have the right of appeal, both at the consulate AND at the airport.  The consulate knows it, the Immigration Service knows it, I know it, the IAS knows it, and there is a general reluctance to refuse family visitors because the Public Advocate for Refusals has *hammered* them for doing it.   It's a very strong position to be in.

Also on the positive side, there's a nice loophole that was invented by Jack Straw when he was Home Secretary.  He dreamed up the notion (apparently just out of the blue) that a felon should not be refused entry if the IO would be seen as "invidious".  It's like, yeah, we all need to be much more sympathetic to the IO's feelings  ::)  The actual precedent was set with Iron Mike Tyson...

So to play it by the book, have him submit a VAF1 form to the British consulate.  Check the "FAMILY VISITOR" box, and brace yourself for an appeal in the event of refusal. 

Tip:  I am helping a felon in California get an entry clearance - he did 2 years in a Federal prison  :-\\\\  , and I'm gathering character references from faculty members at Oxford, Cambridge, Manchester, and Durham Universities.  Stuff like that can help!

If you want to do more research, I use Immigration Law by Phelan & Gillespie.  It's great  :D


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Re: Traveling to the UK with a criminal record..
« Reply #2 on: August 25, 2005, 10:17:25 PM »
Thank you, Garry. It's good to know this stuff! Do you think it will make any difference if she didn't serve any prison time? She took a deal and did 15 days of work release and is on 2 years probation which will be finished this October. She's hoping to come over next summer.

Anyway, thanks for the reply... I really appreciate it.


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