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Discussion Starter · #1 ·
Applying for UK spouse visa, and have a few questions about aspects of our case that I haven't seen in other threads. I may need to contact an immigration lawyer for the question relating to the diversion program.

Under previous convictions/criminal offenses, does that include traffic citations? I have one speeding ticket that I may need to disclose.

Also, I was cited for possession of less than an ounce of marijuana and drug paraphernalia when I was a minor. I was ticketed, but never appeared in court, and was instead put through a diversion program so it wouldn't appear on my record. It may show that I was picked up for such a ticket, but was never convicted. Should this be disclosed?

Second question, it's a two-parter:

At present, I'm leasing an apartment in my wife's house. I am not living or working in the UK, and have not done so (presently in the US). For the purpose of our application, we are saying we will be receiving help with maintenance (£1,000/mo) and accommodation from my wife's parents, who just purchased a 4br house outright, no mortgage.

We started renting the room not knowing when my wife's parents were going to close on the house, which they just did recently, and are currently under lease until September. It will show on my wife's bank statements that money is going out to her housing agency in two large chunks each month (2 separate rents). Should we disclose the room and situation, or just include the info on the parent's house?

If we do include the room lease info, will we need an occupancy inspection or info on the house from the housing agency (it is a multiple occupancy house)?

Lastly, I performed unpaid at a festival in the UK. The video was online, and there is reference to it in a couple of places. It was *entirely unpaid* and I received no other compensation. The video has been taken offline, and I'm asking a couple people to take down references to it from their sites.

If references to the video are still searchable online, though, would it be better if the video were still public, but with a note that the performance was unpaid? Should the video be up with that note either way?

Those are the last questions before we send in our completed application, hopefully next week. :D I've been reading on these forums for months, and have found them the most valuable source of information at my resources. Looking forward to hearing advice and giving my own once we've been issued our visa!
 

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Discussion Starter · #2 ·
*just reread that, and I phrased it such that it sounds like we're not actually receiving maintenance help from the parents, and would be providing false info. we currently are receiving the monthly amount, which does show in my wife's bank statements.
 

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On the ticketed offences, I would be entirely literal with the form. The form asks for any 'convictions'. You weren't convicted and so never went to court, which I assume means no criminal record.

On accommodation I'm torn and will leave that to someone more knowledgeable than me. My instinct would have been to put your wife's parents' house as your accommodation, but explain in a covering letter that you're still locked into a temporary lease until September (hence the outgoing rent payments). If you go to live at the house despite the outstanding lease, that makes things clearer and the covering letter can simply mention that you are still honouring a tenancy agreement until September although now have permanent accommodation. I imagine the UKBA sees this happen a lot. However, if you plan to stay in the rented rooms until lapse of the lease, that might require a different approach because at point of application (and ensuing months) you are living in the rented rooms (hence why I'm leaving this one to a more knowledgeable respondent).

You have no worry about your video if no income shows for it in your bank accounts and it doesn't even warrant a mention.
 

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Discussion Starter · #4 ·
On the ticketed offences, I would be entirely literal with the form. The form asks for any 'convictions'. You weren't convicted and so never went to court, which I assume means no criminal record.

On accommodation I'm torn and will leave that to someone more knowledgeable than me. My instinct would have been to put your wife's parents' house as your accommodation, but explain in a covering letter that you're still locked into a temporary lease until September (hence the outgoing rent payments). If you go to live at the house despite the outstanding lease, that makes things clearer and the covering letter can simply mention that you are still honouring a tenancy agreement until September although now have permanent accommodation. I imagine the UKBA sees this happen a lot. However, if you plan to stay in the rented rooms until lapse of the lease, that might require a different approach because at point of application (and ensuing months) you are living in the rented rooms (hence why I'm leaving this one to a more knowledgeable respondent).

You have no worry about your video if no income shows for it in your bank accounts and it doesn't even warrant a mention.
Thanks for the advice! I was thinking the same thing about the conviction question, but it's always good to get a second opinion.

The accommodation is a little tricky, but I think we'll go with a cover letter explaining that situation. I'd love to hear from anyone with a similar experience since I'm sure it's not uncommon.
 

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Lastly, I performed unpaid at a festival in the UK. The video was online, and there is reference to it in a couple of places. It was *entirely unpaid* and I received no other compensation. The video has been taken offline, and I'm asking a couple people to take down references to it from their sites.

If references to the video are still searchable online, though, would it be better if the video were still public, but with a note that the performance was unpaid? Should the video be up with that note either way?
You have no worry about your video if no income shows for it in your bank accounts and it doesn't even warrant a mention.
Were you on a visitor visa? One of the conditions of a visitor visa is that you do not take any work paid or unpaid. You refer to it as a performance making it sound planned rather than impromptu. Just because there is no money to trace doesn't mean this won't be a problem now or come back to haunt you in 2 to 5 (should the probationary period be extended) years when you can apply for ILR or later on when you apply for citizenship especially since there is a public record and many references to the performance.
 

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Discussion Starter · #6 ·
Thanks for you response. Here's to hoping it doesn't become an issue. In the meantime, I suppose it's probably time to get references taken offline. What are the odds the IO reviewing my case might do an online search, though?

After reading the directives for the IO reviewing applications, it seems the primary objective for the time being is to make sure they're looking at a legitimate couple, rather than do everything in their power to dig up dirt. I also can't imagine they take to google as a detective tool very often, as it won't turn up anything for most people.

Thoughts, anyone?
 

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Thanks for you response. Here's to hoping it doesn't become an issue. In the meantime, I suppose it's probably time to get references taken offline. What are the odds the IO reviewing my case might do an online search, though?

After reading the directives for the IO reviewing applications, it seems the primary objective for the time being is to make sure they're looking at a legitimate couple, rather than do everything in their power to dig up dirt. I also can't imagine they take to google as a detective tool very often, as it won't turn up anything for most people.

Thoughts, anyone?
Unlikely I'd have thought, but don't underestimate the power and persistence of UKBA to investigate suspicious cases. They are not stupid, and have highly trained investigators and researchers working for them, with performance-related pay. The government is under enormous political pressure to reduce immigration and they will do anything within their power - which is extensive, as in US - to achieve their objective.
 

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Discussion Starter · #8 ·
Unlikely I'd have thought, but don't underestimate the power and persistence of UKBA to investigate suspicious cases. They are not stupid, and have highly trained investigators and researchers working for them, with performance-related pay. The government is under enormous political pressure to reduce immigration and they will do anything within their power - which is extensive, as in US - to achieve their objective.
Well, they shouldn't have anything to look into as I haven't been receiving paid work in the UK, but I did ask a related question in the linked thread that I'd like to hear your opinion on -

http://www.expatforum.com/expats/br...use-visa-income-documentation-via-paypal.html

What sort of documentation should be sent to show the Paypal transactions were all based in the US? Think the printed statements would be good enough?

That's the only spot on our application that raises an eyebrow, and I haven't found any advice online.

Thanks!
 
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