Criminal Record - Help!!

So I have delayed posting this because the thought of not returning to the UK fills me with such a heavy heart. I moved to the US because my husband has a felony conviction from 1999. The plan was to move back to the UK with him when all the sentencing requirements (there was a lot of restitution to pay back before he could be discharged from the monetary obligations) were complete but after reading so much conflicting information I wonder if it is realistic that he can come to the UK.

I did consult with two different immigration advisors in the UK (both via the telephone) where there was a free consultation. Both seemed to think that there shouldn't be a problem. One quoted appendix fm paragraph 9.4.1 of part 9 of the general grounds for refusal, and says that it does not apply to my husband. His conviction was a very long time ago and a sole offence. However, it was a class b felony in Washington State for theft in the first degree. The maximum possible term was 10 years, but the sentencing category was one year or less, and he was sentenced to 90 days jail. He actually served the sentence under house arrest as jail alternatives were available. It was a workplace theft carried out with another employee who suggested it to my husband.

Can anyone help with how the sentencing may possibly translate to the UK and how that would affect his chances? I know the conviction would be spent under UK law. My husband got the conviction vacated earlier this year but I know that doesn't make much difference for immigration purposes. I just keep reading about how his crime would be translated to how the UK would view it wondering if he could be refused the visa, and if the advice I was given is accurate. Any help or advice would be very much appreciated.

So I have delayed posting this because the thought of not returning to the UK fills me with such a heavy heart. I moved to the US because my husband has a felony conviction from 1999. The plan was to move back to the UK with him when all the sentencing requirements (there was a lot of restitution to pay back before he could be discharged from the monetary obligations) were complete but after reading so much conflicting information I wonder if it is realistic that he can come to the UK.

I did consult with two different immigration advisors in the UK (both via the telephone) where there was a free consultation. Both seemed to think that there shouldn't be a problem. One quoted appendix fm paragraph 9.4.1 of part 9 of the general grounds for refusal, and says that it does not apply to my husband. His conviction was a very long time ago and a sole offence. However, it was a class b felony in Washington State for theft in the first degree. The maximum possible term was 10 years, but the sentencing category was one year or less, and he was sentenced to 90 days jail. He actually served the sentence under house arrest as jail alternatives were available. It was a workplace theft carried out with another employee who suggested it to my husband.

Can anyone help with how the sentencing may possibly translate to the UK and how that would affect his chances? I know the conviction would be spent under UK law. My husband got the conviction vacated earlier this year but I know that doesn't make much difference for immigration purposes. I just keep reading about how his crime would be translated to how the UK would view it wondering if he could be refused the visa, and if the advice I was given is accurate. Any help or advice would be very much appreciated.

Hopefully Ksand will be along soon but in the meantime, have you seen this?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1032285/Criminality.pdf

Thanks Larrabee, I have seen that. Even if the custodial sentence is under 12 months it says it says a visa may be refused. He does have a lot of stuff in his favour inasmuch as he is definitely not a persistent offender, no serious harm inflicted, and it was a sole offence. Apparently, if he had had the right representation at the time it happened the charge could have been downgraded to a misdemeanor. It's too late for that now though .

Yes, I hope KS&24 will be here soon, she is very knowledgeable.

Edited because I quoted the wrong part of the immigration rules.

For UK immigration purposes, as long as it has been at least 5 years since the end of his sentence, his visa application should not be refused based on criminality.
Ignore this part - these were the old rules.

See page 13 for the new rules:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1032285/Criminality.pdf

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Thanks Ks&24. It was a long time ago. The restitution was finally paid off in 2015, so even if that was taken into account it is well after  the time frame.

I was under the impression that the charge and sentence would be compared to what would be the equivalent to the UK. Does this no longer apply? Do they just go by the custodial sentence itself?

I have another question. What paperwork should he submit with the application? We have the court records. Does he need the police report of what happened? We have the court affidavit of probable cause based on the police report, and the sentencing, the certificate of discharge, and the order to vacate. Is there anything else? Does he need an FBI criminal record check or a Washington state criminal history report? If he needs a more recent Wa state criminal history report does it need to be the one with fingerprints done, or would an online one be sufficient (that checks against name and birth date)?

I was under the impression that the charge and sentence would be compared to what would be the equivalent to the UK. Does this no longer apply? Do they just go by the custodial sentence itself?

They changed the Immigration Rules for refusals based on criminality on 1st December 2020 - all the current rules are listed in the document I linked to.

However, I’ve just realised that what I quoted above was for the old rules where the application was made BEFORE 1st December 2020… so ignore the 5 years part I mentioned as that no longer applies.

The new rules for all convictions are:



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Yes, I saw newer rules and they could still refuse/discretionary refusal. The wording is that they 'may' refuse. Does this mean my husband's case is not clear cut?

What year did the crime take place?

I suspect it won’t result in a refusal, as it sounds as though it was long ago and an isolated incident.

The crime took place in 1999 and it was an isolated incident. It was a very bad error of judgement when morale was low at work.