Criminal Record and Registering Civil Partnership

Looking for any advice, because contacting a UK solicitor did not clear up anything, so I am hoping some of you folks in the know can provide advice, though there seems not a whole lot that can be done.

I am a US citizen wishing to register a civil partnership and move to the UK permanently.  My situation is that I was convicted of a crime, of which I freely admit I was quite stupid about, but I paid my dues.  I was convicted is the Obscenity in the State of Illinois (which is considered a class A misdemeanor).  I was given 2 year probation, which I served and have cleared up all my US legal obligations.

Now, I want to immigrate to the UK and be with my partner of over 5 years.  We have all the necessary paperwork, are well off financially and I am very employable in the UK with many options.  So I think our application would be an easy one except for my criminal record.

My problem is that neither myself or my UK Solicitor could fully understand what will happen, now is there an easy way to map the crime I was convicted of to a UK crime to figure out if it was over 12 months of prison time.

I am applying in person in Chicago next week.  Is there any advice, suggestions or other comments?  Also, any insight into the process of how long it takes to decide something like this, or who has the power to decide and if I am denied, do I have any recourse.

Also, depending on my work situation, I might need to spend a few months in the States working with my potential employers folks before taking my fulltime position in the UK.  Once I register my civil partnership and get my FRL, will travel outside of the UK be a problem for that period of time?

Thanks,
Kit

The mapping of an equivalent conviction from one country to the UK's standard is an emotive subject, and there are no clear-cut answers.  Also remember that a prior conviction provides grounds for a refusal, but do not necessarily imply a mandatory refusal, the decision is still up to the consulate - but given you received 2 years probation, I would expect the consulate to make a referral.

Some discussion given at http://www.londonelegance.com/transpondia/criminal.shtml

Can you apply to have your record erased?  (Sorry, can't remember the proper word.  Expunged?)

I had a record for a fairly serious-sounding crime, but had it erased.  If anyone looked closely into my history, there would be a record of 'something used to be here'... which would sound suspicious, but that's it.

I understand that in the US, it depends on where the crime occurred, too.  Minor drug offences in cities can be erased, for example... but a friend got caught with weed in a National Park, and that apparently can't be erased.

Sorry, not helpful, I'm sure.

No, it is wierd that most misdemeanors can be expunged in Illinois, but this is of a strange category which cannot be expunged (adultry, prostitution, pandering and several other odd ones cannot be).

the decision is still up to the consulate - but given you received 2 years probation, I would expect the consulate to make a referral.

Gary, thanks for the link.  Any idea what comprises an "compassionate or exceptional circumstance?"    Also, if I get "refferred" to HO, is the whole process subjective.  If I do get rejected do I have a right to appeal.  I know I only have a right to appeal if it is a "family" related situation, but it seems unclear how this is all looked on via the "Civil Partnership" now.

It has been really tough trying to work something out, since my partner got refused entry to the US two years ago because they thought he was looking for work because he was visiting so often.  Now the US refuses to even grant a vistors visa because they feel he will stay with me in the states.  I don't know if this counts as "compassionate or exceptional" but it is for us.  We have been in an exclusive relationship for over 5 years trying to find some way to live together.  We spent 18 months living together while I was working in Ireland, but now we need something permenant.  If we can't work this out, our only option is going to be moving to Australia or something, where we both qualify under the highly skilled laborers and Australia only looks at what the punishment was where you received it.

Sorry for venting, but it is quite frustrating working through all these hoops just to live together again.  Thanks for any advice/encouragement.

The fact that he is now refused entry to the US will count as compassionate circumstances, as it means that you cannot continue a family life in the US and therefore refusal of your visa will be in breach of your Article 8 rights.  If you have enough evidence to show that you are a family unit I do think that you stand an excellent chance of success with this application, even if they refuse it first time around because of your conviction, an appeal would look good.

Victoria

It would be easy for us to prove that we have been a family unit.  Our lives have been intertwined in a relationship for 5+ years including living together for 18 months in Ireland.

The big question is, how much do I need to prove at the interview?  I already have all the "normal" stuff from my partner.  I can have him fax me his denied vistors visa from the US consulate.  We have phone records and e-mails going back as long as we would want.  I would hate to file an appeal if I can avoid it.  I can reschcedule my appointment on Monday if it makes sense to collect more information.

Again, thanks everyone for the advice...  After 5 years of trying to figure out a way to live together, it is very frustrating and the closer the date gets to applying, the more nervous I am getting...

Definitely show the refusal from the US.  If you have evidence of a relationship going back years, all the better.

Good luck.

Victoria

AFAIK, nobody's done an Article 8 for CP's.  Please keep us posted...

AFAIK, nobody's done an Article 8 for CP's.  Please keep us posted...

So you are saying I am bolding going where no one has gone before? Hmmm... It seems my life is full of that... 

Again, thanks a lot for the help...  I will collect phone records, e-mails, etc from over the years and rental records from our time in Dublin showing that the relationship has persisted for >5 years.  We had planned that for when it looked like we would have to apply under the unmarried partners rules.

I will keep you posted!

Definitely show the refusal from the US.  If you have evidence of a relationship going back years, all the better.

OK, my appointment is for today, Monday April 17th (funny that they didn't take a bank holiday, like the rest of the UK).

I piled up some more information to be prepared.  I printed out e-mails spanning back to 2001 (though our relationship started in 2000, but I don't have e-mails back that far),  my partner faxed over a copy of the denial letter and I wrote out an explanation in my "I know my partner letter".  I also grabbed a phone bill from the past showing quite a lot of communication.

I am brining my "legal" paperwork, showing specifically what I was convicted of and that it is only a misdemeanor in the US.  I have no idea if that will help anything, but figured I would be prepared.  I will let everyone know how things go today.  I realized I forgot to get passport photos, so I will have to race off and find some place on the way into the interview.

-Kit

OK, I just got back from my in person interview!

Well, it appears I did too much worrying, or maybe just enough, anyways, the process went mostly as expected, with a few notes about the Chicago Consulate I will make below, but essentially it boiled down to much more interest in our financial stability, which was really straight forward, and making sure that I would be employable in the UK.

It was at the tail end of the interview process that he got to the section about my criminal record.  He stated to me "for your thing you reported on here, all you got was 2 years probation?"  I stated "yes" and that I had the paper to demonstrate the punishment and he said "no that's fine".  So I guess a) it was subjective like was thought and b) either the rest of my information was sufficiently compelling for multiple reasons or he assumed if it had been a serious enough crime that it would have been punished at least at the same level or less in the UK.

Anyways, I am picking up my visa in my passport this afternoon.  Needless to say, my partner and myself are quite happy!  Now for some more detail for those who might use the Chicago Consulate...

1. There is a Walgreen's just south on Michigan Ave which does a booming business in passport photo's if you forget to get them ahead of time (like me).
2. Also, if you want a money order, there are several banks.  I was kicking myself for forgetting both items but it took like 10-15 minutes to get them sorted out in downtown Chicago.
3. It is the Wrigley Building, the one with the "400" on the door.  It is quite the landmark in Chicago, so it is hard to miss.
4. They will only allow you up the lift 10 minutes ahead or 10 minutes late and there is not seating in the lobby (there is a McDonalds to sit down at very close by.
5. The office appears small, there are only a 20 seats and three service windows.
6. They appeared to be very efficient, I showed up 10 minutes ahead and my number was called after about 5 minutes, so a good 5 minutes before my appointment.
7. I had assumed I would go into an office somewhere, but the whole process takes places at a glass window.
8. Having your items organized and in a folio or different folders makes everything easy, also make sure you are familiar with what it required for your specific visa, because they ask for it all, but only keep certain pieces.

I have to admit that in dealing with governments and immigration people in the US, I was pleasantly surprised at how nice everyone was throughout the whole process and that they really know what they are doing.  I remember when getting my US Passport in person on how messed up that was and how everyone seemed quite rude.  All I can say is I am quite proud now to be able to move to the UK, settle with my partner, in a very civilized way.  It is more then either of us could have hoped for over the last 5 years of struggle trying to move to the US.

Also, thanks for all the help and support from this board.  Just being able to read everyone's comments and experiences makes the process a whole lot easier.  Happy Easter Monday (the Consulate folks did seem a bit miffed, because they got Friday off but not Monday!)

-Kit

Hey Kit that's good news then. Sounds like you breezed through. See ya about.

Congratulations! That's great!

I went through Chicago too and was quite pleased with the efficienty and politeness of everyone. And i agree, it does help to know to make sure you have everything that is required and know immediately where you put it in your folder. Just goes so smoothly.  Makes you wonder why you worried at all!  Congrats kit!