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She hasn't been online in 11 months, you may not get a reply.wanderer1991 wrote:GoonerGirl88 what was the outcome of all of this?
I'm in exactly the same position being given very conflicting advice.
There is a different between 'criminal conviction' and 'frustrating the immigration rules'. Please try not to confuse the two. An overstayer in the UK is not necessarily refused entry clearance on a Spouse visa for overstaying.John Green wrote:Speaking also out of the box, I would imagine that as this involves a criminal offence, the decision whether you as a couple could live in the UK would come under guidance rules on the internet. For a problem I had, I found out that unless the criminal sentence was a non-custodial one (such as a fine) there are rules for ECOs which are non-discretionary as to the amount of time that an applicant would have to wait before they had a realistic chance of getting into the UK. I would expect that once the overstaying matter here is brought to the attention of the Home Office, these "criminal offence" rules apply. In other words, any discovered crime (a "criminal offence") does make staying or getting into the UK more of a problem for UKVI, even if it only leads to a fine. As I say, the ECO guidance to criminal convictions is available on the internet. Just my opinion.
Not for a spouse settlement visa usually. It is not a 'criminal conviction'.John Green wrote:True, but if discovered, would this not come under the criminal law? My point was that it will have repercussions in terms of immigration law and what the effect is. My general point is that UKVI treats these matters quite seriously if they come to their notice.