[tucky34bt]

Hello-

I'm hoping that someone will be able to help us sort out our problem.

I am a UK Expat with a USC wife. We live in the USA (I have my green card and all that.)

Recently we applied for a UK Family Visitor Visa in anticipation of flying back to Scotland to visit my family (I have not seen them since I moved here in May of 2012.) However, the visa was refused.


In 2010, my wife was convicted in the USA of Driving After Revocation or Suspension, and was sentenced to 7 days in jail. The visa was refused because of this under paragraph 320 (2) (d) of the Immigration Rules. According to this rule, any other application may be refused on this basis for up to 5 years after the end of the sentence.

Is there any way to appeal this? Is there any way we can get her a family visitor visa before the 5 years is up in 2015? What are our options?


Any help or advise would be much appreciated!

 

[Joppa]

A conviction which resulted in a sentence of less than twelve months' imprisonment - Paragraph 320 (2)(d) and S-EC1.4(c) Appendix FM provides for a mandatory refusal of entry clearance where a person has been convicted of an offence and sentenced to less than 12 months' imprisonment, unless a period of 5 years has passed since the end of the sentence.

As it's mandatory, there is little scope of the ban being lifted before 5 years.

Why did you apply for a visit visa for your American wife? She doesn't need one, and she doesn't have to declare any convictions verbally at the UK border.

 

[tucky34bt]

As it's mandatory, there is little scope of the ban being lifted before 5 years.

Why did you apply for a visit visa for your American wife? She doesn't need one, and she doesn't have to declare any convictions verbally at the UK border.

We applied for a visitor visa because my wife was denied a fiancé visa back in 2010. Because of this she has to apply for a visitor visa to enter the UK. Please correct me if I am wrong?

 

[Joppa]

Was the fiancée visa denial anything to do with conviction? She could still have come over without a visit visa (non-visa national), and while she could have faced some questions because her prior visa refusal is on file, she wouldn't have been required to declare criminal record.
Now that she has owned up to her jail term, her ban stays for two more years.

 

[tucky34bt]

The fiancé visa was denied partially because of the criminal conviction but also because of lack of evidence of a relationship. We did not provide them with a satisfactory amount of evidence that we have an on going relationship.

Because of where my family lives in Scotland, it costs over $1200 to get there, so we applied for the visa in order to be sure she would not be turned away at the border. Also, she was granted a 6 month family visitor visa in September of 2011.

 

[Joppa]

You did declare her conviction for your 2011 visit visa application? There have been changes to visa rules since and criminality is taken much more seriously now.

 

[tucky34bt]

yes, we declared the conviction. We thought we were being safe and making sure there were no problems with her going to the UK. It looks like by being honest, and trying to follow all the rules, we kind of shot ourselves in the foot.

Under the old laws she was fine....now not so much.

 

[Joppa]

I seem to remember that back in 2011, conviction such as your wife's merited discretionary ban, now it's mandatory.

 

[tucky34bt]

Exactly. It seems it is mandatory now. It is a shame because she is a good person who made a stupid decision. She works in a hospital, goes to nursing school, and is not a danger in any way, shape, or form. However, these are the rules. The ban to apply for leave to remain is 7 years so we cannot even think of moving back to Scotland until 2018!!!