UK marriage visa application with past crime & overstay

[karma]

I overstayed my visa in US by 4 years. I did have a criminal conviction in US about 6 years back. The crime was of Stalking a person. I was sentenced 12 months of probation + fines which I finished 5 years back. I am planning to a marry UK permenant resident. Will I have problem getting marriage visa for UK?

[Jeff Albright]

So far as I am aware, unlike the other countries, there is still no requirement set out in the UK Immigration Rules that you have to provide the proof of good character (police certificates) with your application.
However, clearly there are questions in VAF2 about your criminal convictions and the length of your sentence. You will be obliged by law to dislose these details in your application.

The Immigration Authorities will then look into your application and will most certainly interview you on this.

According to the UK Immigration Rules, any non-British citizen who gets convictions in the UK leading to a length of custody of 12 months may be considered as someone whose presence in the UK is not conducive to the public good. The same rule applies to applications made from overseas, i.e. your admission to the UK may not be conducive to the public good.
However, you did not get any custodial sentence, which is a point in your favour.

Because of the length of time passed since your conviction, your conduct during that length of time will be taken into account.

Also the length of your relationship with UK citizen/settled person and the strength of it will be considered. The longer it is the better for you.

So the decision will be on the balance of all these circumstances and it is difficult to tell what outcome is likely to be.

What is your status in the US? You said you have overstayed. Have you been deported/removed or have you left in order to avoid being deported/removed? Remember, you also have to disclose these information answering appropriate questions in VAF2.

Good luck.

[karma]

Currently I am in India, country of my citizenship. I left US on my own decision. No deportation or removal order or fear.

[Rover8098]

It's people exactly like you who give all Indians, both in India and abroad a bad name - overstaying, stalking, criminal record, what else? It's because of people like you, that genuine, honest and hard working people who want to travel/settle abroad are treated like scum by Immigration authorities. Do me a favour, please stay in India. By the way, before anyone accuses me of being dearly beloved, I am a Non Resident Indian in the UK!

[stedman]

It's people exactly like you who give all Indians, both in India and abroad a bad name - overstaying, stalking, criminal record, what else? It's because of people like you, that genuine, honest and hard working people who want to travel/settle abroad are treated like scum by Immigration authorities. Do me a favour, please stay in India. By the way, before anyone accuses me of being dearly beloved, I am a Non Resident Indian in the UK!

I think this is very unfair. I'm sure the OP is reemorseful about his previous actions and he has been very honest and open with us in his quest for advice. We're not here to play judge and jury.

[Rover8098]

I wasn't playing neither judge nor jury - I was simply expressing my personal view, which correct me if I am wrong, but I do feel I'm entitled to. I wasn't being abusive or dearly beloved in any way either, but at the same time, any offence caused is totally unintentional.