UK background checks for spouse visa

[spiritbear928]

Are the background checks the UK runs on US citizens biometric or fingerprint based? I am asking because I have no criminal record but a very common name and sometimes when people run cheap name and DOB checks on me, they find someone else's info and its a massive headache to prove I am not that guy. Since I am not, we definitely dont share fingerprints so it would be quick and painless. Also in general does the UK take care when doing checks on people (for employment etc)? In the US the system is shoddy and unregulated and if you share name and DOB with a felon, its a huge headache to clear up. I am hoping the UK does a better job since all this biometric stuff is in place. Just curious.

[spiritbear928]

The check I am referring to is the one for spousal visa

[Joppa]

Originally Posted by spiritbear928

Are the background checks the UK runs on US citizens biometric or fingerprint based? I am asking because I have no criminal record but a very common name and sometimes when people run cheap name and DOB checks on me, they find someone else's info and its a massive headache to prove I am not that guy. Since I am not, we definitely dont share fingerprints so it would be quick and painless. Also in general does the UK take care when doing checks on people (for employment etc)? In the US the system is shoddy and unregulated and if you share name and DOB with a felon, its a huge headache to clear up. I am hoping the UK does a better job since all this biometric stuff is in place. Just curious.

I know for a fact that when you apply for a UK settlement visa in US, your details are screened against US immigration and criminal record, and presumably the same happens when a Briton applies for US immigrant visa in UK. It will then be up to you to show that any records that show up don't relate to you. You will have to declare any criminal convictions on the application. What I don't know is if the screening is done through biometrics or just through your name and DOB. I suspect the former. All they say is your biometric information may be disclosed to foreign governments.

In UK, there is a system of criminal record check called CRB Disclosure, which is used when applying for certain jobs where you have contact with children or vulnerable adults. There is a stricter check called Enhanced Disclosure if you are likely to have unsupervised access to minors etc. This is done through your name, DOB and addresses during the past 5 years, not through biometrics.

[rwestie37]

Joppa,

I am sending my documents tomorrow but wanted to ask this before I did. I was charged with battery last year, spent one night in jail, it was dismissed and I expunged this from my records through the GBI. I was never convicted of any crime so I didn't include this information in my application. Should I make an amendment and add it before sending my documents tomorrow?

Thanks

[Joppa]

Originally Posted by rwestie37

Joppa,

I am sending my documents tomorrow but wanted to ask this before I did. I was charged with battery last year, spent one night in jail, it was dismissed and I expunged this from my records through the GBI. I was never convicted of any crime so I didn't include this information in my application. Should I make an amendment and add it before sending my documents tomorrow?

Only actual criminal convictions need to be declared, so I think you are in the clear. You can add a brief description if you like, but it's likely to be ignored.

[Bjarkash]

If the case was dismissed you were never charged with a crime, someone correct me if I'm wrong???

I stayed in jail for 3 days over an assault charge, they couldn't cough up a witness (not even the person I 'assaulted' (it was a huge accident)) anyway... case dismissed, never even had an arraignment and looks as though it never happened as far as my rap sheet goes... Yet I spent 3 days in jail. Strange world we live in!!

I did not declare it on my application since I wasn't charged with anything.

[tee76]

Hi everyone I would like to know im a college student just got married my husband is Uk national and im South African national living in Dublin we just applied for Uk spouse visa ... I would like to know if the is any background checks done when applying... I was stopped speed driving in south africa which i was fined would this affect my visa?


Thank you

[rwestie37]

I surely hope not, I have a couple of minor traffic violations on my driving record. All have been resolved and fees paid. I just sent my application and supporting documents into the NY border agency today.

[rwestie37]

Originally Posted by Bjarkash

If the case was dismissed you were never charged with a crime, someone correct me if I'm wrong???

I stayed in jail for 3 days over an assault charge, they couldn't cough up a witness (not even the person I 'assaulted' (it was a huge accident)) anyway... case dismissed, never even had an arraignment and looks as though it never happened as far as my rap sheet goes... Yet I spent 3 days in jail. Strange world we live in!!

I did not declare it on my application since I wasn't charged with anything.

That is how I read it when applying online. I started worrying afterwards and thought maybe I should have included it. But the answer is truly "no" I was never convicted only charged.

[Joppa]

Originally Posted by tee76

Hi everyone I would like to know im a college student just got married my husband is Uk national and im South African national living in Dublin we just applied for Uk spouse visa ... I would like to know if the is any background checks done when applying... I was stopped speed driving in south africa which i was fined would this affect my visa?

Unlikely. In UK such an offence would be treated with a fixed penalty - without going through a court or admission of guilt, and no criminal conviction being recorded.