Ex-Felon

Hello,

I've just got a quick question. My mom and I were talking about future plans and then she made a comment about my dad. He's an ex-felon...he's been flying straight since I turned 18 so that was 4 years ago and by the time Adam and I get married it will be 6 years or a little more. He's already done with his parole and such and is now a contributing member to society. I don't see him getting in trouble anymore as he's older and this is the longest he's ever gone without being in prison.

My question is...when Adam and I get married will he have trouble going through Immigration? Will he even be allowed in the country?    It's really worrying me...I know I have a long time to go but since she mentioned it I'm really upset at the prospect of him possibly not being able to go because of his past.

Thanks

http://www.londonelegance.com/transpondia/criminal.shtml

Reeka go here this is on Garry's criminal history page on his site.  You might want to refer to it.  It should answer your question there.   Our wonderful Guru has alot of helpful information on his site.  Hope this helps...  CJ

I asked a similar question awhile ago and got a response from Garry that you might want to look at.

http://talk.uk-yankee.com/index.php?topic=16969.0

First thing is that "felony" doesn't directly translate into UK law.  They have different concepts.

As people stated here, Garry's information is pretty good.  So read it.

I did something stupid and have a "record" myself, but I got two years probation and when I applied for my civil partner visa, they barely gave it notice.

The problem is that they try to translate what you did into UK terms and if that crime would have ended up with > 12 months of prison time, then they are unlikely to automatically grant a visa.  But as Garry's information states, family have right of appeal.  They let Mike Tyson in who spent several years in jail for his stupidity.  So it isn't a "never" thing.  It is just might be a difficult road.

Also, certain crime are considered spent in the UK after a certain amount of time after you have finished being punished for them and then you are under no obligation to report them (except as Gary points out in one of the posts, they are "crimes of dishonesty" or other certain categories).  So a lot of it depends on what your father got convicted of, what his sentance was and how long ago it was.  If you are willing to share some of the details, though I know that is personal, we might be able to help figure out if you are in for a short battle or a long battle.

Thanks guys... I'm still really confused lol. He wouldn't be coming over as a fiance or anything just for a wedding/visit then going back. Would he still have to declare? Since he isn't a fiance would he declare it like garry told you on ur post?

His crimes were (if im correct) drugs and assault. He's been in and out of prison all my life...i never had a relationship with him until I turned 18 and he straightened out.


" Once a conviction has been spent, it does not usually have to be declared on the VAF2 form. "

0o0o garry where are you?!?! 

0o0o garry where are you?!?! 

I'd PM him or try to see if there's contact information on his website.

I hope you are able to find the answers you're looking for

I'd PM him or try to see if there's contact information on his website.

I hope you are able to find the answers you're looking for

I might do but id feel weird lol

thanks me too!

Correct, once the conviction has been spent it does not have to be reported.

Basically anyone with a criminal record that is not spent, which it sounds like your father's has not, needs to apply for entry clearence before entering the UK, even as a visitor.

From the IND's Diplomatic Service Procedures: http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1035898747816#point%20five

26.5 - Refusal on grounds of criminal conviction
Paragraph 320(18) of the Rules states that an application should normally be refused if that person has been convicted of an offence in any country which, if committed in the UK , would be punishable by imprisonment of 12 months or more. If you are not sure whether the offence would attract such a sentence, you must defer the application and seek advice from Policy Section, UKvisas.

If there are compassionate or exceptional circumstances involved, it may be possible for entry clearance to be issued on authority from the Home Office on a discretionary basis. Applications falling within this category must be referred to the ICD for a decision. Any case involving an urgent need to travel should be sperately notified to UKvisas ECO support at the earliest possible opportunity.

Under the Rehabilitation of Offenders Act, certain sentences are considered "spent" after a period of time (see Annex 26.3 for details). ECOs should not refuse an application under this paragraph if the applicant’s conviction falls within these time frames.

So what happens is that if the ECO has any doubts, they will refer the application to the Policy Section.  The Policy Section will make a determination.  If it is denied, then you will need to appeal under Section 8 of the immigration code for compassionate or exceptional circumstances.

Also when converting the sentance from the US to the UK, it is somewhat subjective.  Like I said, they didn't bat an eye at my conviction.  On the other hand, a longer criminal record might cause more inspection.  As far as the spent goes, if it was over 30 months in prison, it is never spent.  If it was 6-30 months is 10 years.  Less then 6 months 7 years and other fines and sentances (like probation) 5 years.

Thanks...im guessing he'll have to do the form and declare it. Atleast it's 2 years away and I don't have to tell him now 

I'll be heartbroken if he can't go.

Personally, though Gary and Vicky have more expierence, if you plan far enough ahead (6-9 months) for him to apply and it is just for a wedding visit where it is clear he will come and go, then I suspect after a bit of a battle, they would let him in.

Personally, though Gary and Vicky have more expierence, if you plan far enough ahead (6-9 months) for him to apply and it is just for a wedding visit where it is clear he will come and go, then I suspect after a bit of a battle, they would let him in.

He has to apply?  oh god this is so confusing. I thought he just would get on a plane with that form that garry told me and then when he got to immigration he'd hand it over, they'd read it and let him through (as the form is done). Argh... so what is the exact process??

fill out/send/they receive it/approve or deny...

He has to apply?  oh god this is so confusing. I thought he just would get on a plane with that form that garry told me and then when he got to immigration he'd hand it over, they'd read it and let him through (as the form is done). Argh... so what is the exact process??

fill out/send/they receive it/approve or deny...

Yes. He has to apply for entry clearance. He won't be able to travel on the visa waiver scheme the way most people are able to. He needs to fill out the VAF1 and check the box saying he's a "family visitor." He needs to fill this out and send it in to the British consulate with the fee for the visa (I'm not sure how much it is).

You can find the form here: http://www.fco.gov.uk/Files/kfile/VAF1%20-%20FEB%202006_revised3,1.pdf

Actually, I found a fee schedule here: http://www.britainusa.com/visas/articles_show_nt1.asp?a=41054

It looks like it will cost $95 unless he tries going for one of the visas that is valid for more than 6 months.

My SIL and her boyfriend just visited us.  He has a criminal record +2 years in prison. 

He inquired at the British high commission and they told him that as long as he got his passport, then he didn't need prior entry clearance.  He got in no problem.

Is this just luck, or is it the way it is?

I have been reading this post and while I am not an immigration attorney - I believe that your father would not need to declare the issue or be granted a visa as long as he was only coming in for a "standard: visit of 6 months or less, as long as he has a valid US passport.  While the conviction is not considered spent US citizens do not require any clearance.