Post
by avjones » Mon Oct 29, 2007 3:14 pm
As you have managed to save money, and your husband has a job offer, you should be OK for the money part. You need to present proof, and a proper budget, etc.
You could be in more trouble on the general grounds, though. These are grounds on which entry clearance should normally be refused:
(11) failure to observe the time limit or conditions attached to any grant of leave to enter or remain in the United Kingdom
it sounds as if this might apply to him?
and also
(18) save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons, conviction in any country including the United Kingdom of an offence which, if committed in the United Kingdom, is punishable with imprisonment for a term of 12 months or any greater punishment or, if committed outside the United Kingdom, would be so punishable if the conduct constituting the offence had occurred in the United Kingdom;
(19) where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the United Kingdom is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter it is undesirable to give him leave to enter.
Drink-driving is summary only, max 6 months imprisonment. Criminal damage and assault can attract sentences of over 6 months, it depends what type of assault (common assault, assault occasioning actual bodily harm, etc). With criminal damage, it depends on the amount of damage caused.
His crimes might be covered by the Rehabilitation of Offenders Act - depending on the conviction dates and the sentence received (fine, prison, etc). Do you know these details?
The Home Office guidance for caseworkers reads:
PARAGRAPH 320(18) - PERSONS CONVICTED OF CRIMINAL OFFENCES
Where it is established that a person has been convicted of an offence which was commited:
* in the United Kingdom, and is punishable with imprisonment for 12 months or more; or
* outside the United Kingdom but, if it had been committed in the United Kingdom, would have been punishable with imprisonment for 12 months or more,
refusal of leave to enter or entry clearance under Paragraph 320(18) of HC 395 should normally follow unless admission is justified for strong compassionate reasons.
Your husband is a habitual offender - 1 offence is a lot easier to justify than a string of them.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.
