Tier 4 visa with criminal record

Here's the situation my wife and I are applying for our tier 4 students visa's for graduate school in the UK, however I have a criminal record from almost 20 years ago (as in a matter of months from 20 years.) Most of the charges were pretty serious, but I never spent more than 30 days in jail, no prison time just community service and probation for a little over a year.
1994 4th degree sexual assault of a child age 16-17
1995 Theft of a a motor vehicle under 500 USD.
1995 Offering a Forged check less than $250
1995 fleeing a police officer in a motor vehicle
1995 reckless driving
1995 Operating after revocation
1995 operating after revocation 2nd

The first charge in question the young lady and I had been dating since I graduated high school, the charged stemmed from an incident where she came over to my house after her step mother and father got into a very nasty fight. Even though she spent the night, nothing happened, the rape kit he made her agree to confirmed this. However the judge felt that since we had been dating for so long something must have happened at some point, thus the misdemeanor.

The rest is fairly self explanatory, I made the mistake and I paid for it.

My question is how will this affect my visa application? From my understanding none of the above carries more than a 2 year (reckless driving) sentence in the UK with the first not even being a crime as far as I can tell. Since that time I have only had 2 speeding tickets 6-7 years ago for less than 10 over. My understanding is that all of these are considered spent, so by themselves will not disqualify me except the reckless driving which "could" carry a maximum of 2 years which is my concern that even though it has been spent this will not be considered.

I of course plan on disclosing all of this even though my record has been expunged, I also understand that mean nothing as far as the immigration rules go.

Any help will be greatly appreciated.

I think this will likely make your visa an "exceptional case" and may take a little longer. You should include your explanation of the felonies in the additional information section and just to be safe I'd include any documents relevant to the crimes in question. It was quite a long time ago which should suggest that you've changed and aren't likely to commit any other felonies. If you can, you should include something to support that you've changed your ways, for the reassurance of the Entry Clearance Officer.

In this case I think that if everything else is in order, your criminal record shouldn't be a "deciding factor" for them to refuse your application solely because of it. It would contribute to a refusal if the ECO is concerned with other aspects of your application as well.

Thanks for the reply DulceXimenaBO, not sure what you are suggesting I should include to support this. Other than my honorable discharge award from the army in 2000, and the very recent completion of my B.S. I spent most of that time working a dead end job just to keep a roof over my families head, and I didn't go back to school until the oldest two had graduated.

Thanks again.

Magius wrote:Thanks for the reply DulceXimenaBO, not sure what you are suggesting I should include to support this. Other than my honorable discharge award from the army in 2000, and the very recent completion of my B.S. I spent most of that time working a dead end job just to keep a roof over my families head, and I didn't go back to school until the oldest two had graduated.

Thanks again.

What you mentioned would be a good idea to include! If possible you could ask for a reference letter that says that you are a responsible and sensible person, maybe an employer or teacher? Someone who has been an authority figure to you at some point.

Well looks like I'm hosed I pulled my DMV report and had completely forgot about a seatbelt 3 years ago and failure to provide insurance ticket (had insurance but the insurance company hadn't sent a new one yet) beginning of this year. Then add in my wifes driving record 3 operating while suspended (4 years ago), driving without insurance 3 years ago, and a failure to license dog citation (4 in the last 4 years). Not to mention the fact that since my records were expunged when I pull a criminal history check in comes up blank, DMV blank after 5 years even if I claim it, how do I explain anything I forgot 20 years ago?

You should be okay with these criminal records as they are very old and no jail imprisment

For pbs applicant required to have not any criminal record last 12 months from date of applicants

Yeah it's the latter part I'm worried about. Not sure how the failure to produce insurance or the failure to license dog is going to be weighed. For instance her the record clearly states that it is not a criminal offense so she didn't report it. However from looking at UK guidelines it can qualify as a caution fpn fine or warning. My failure to provide insurance was a warning no fine or mandatory court appearance.

Quick update.

Finally recieved notice that my visa application has been refused. Actually the exact wording was "We regret to inform you that after careful consideration against the Immigration Rules, your visa application has been unsuccessful. Your documents will be dispatched from the British Consulate General in New York later today or on the afternoon of the next business day."

After a continuous runaround of them asking for additional documentation and my providing it (the same document), repeated follow ups, escalations, and canned responses that they were still awaiting previous document even after providing the document, emails showing they had received the document, and even finally the tracking information confirming they had received it I finally received their decision 5 months later.

Still waiting on my documents being returned to find out what reason exactly they refused the visa to even know if I can reapply. I have been in constant contact with the University and the department chair, and even completed an independent study module while I was waiting. Needless to say getting accepted right away for the program will not be an issue, but no idea of what my chances are for reaplying for visa after being refused. (I know it has a lot to do with why, but still having my family separated for s long has been a horrendous experience.)

Dear Magius,

very sad to know your situation. the situation here in the UK is not as it used to be before. the immigration rules and how students are given visa has changed tremendously in the past year.

with the given record of yours i find it very hard for the immigration officer to give you the visa. although the convictions or offences were long ago but it does make a part of your application and it plays an important role in giving you the visa or not.

please keep us posted and share the snapshot of the refusal received so that we can give some further ideas on how to tackle the issue.

good luck.!

aakiya1986,

Thanks for your response, could you possibly point me to where these changes have been posted? To my knowledge I have reviewed the most current criteria, although given the outdated and inaccurate nature of a number of areas of the UKVI site I don't doubt I missed something or read an outdated guideline.

I will definitely post a response as soon as I know more.

Thanks again.

I understand that you would have read a lot from the ukvi's website.

please read the following aswell which will give you a better picture.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf
tier 4 guidance. which is different from policy guidance. this paper is how caseworkers act.

https://www.gov.uk/government/uploads/s ... _0_ext.pdf
this paper is general grounds for refusal.

you may well be satisfying all the points required to get an entry clearance visa of the uk but still you may be refused on general grounds. this may be because of your criminal records, even if old. read the above papers and you will have a better understanding.

I hope it helps you.

Being blunt with sexual offences in your criminal record you have a zero chances of getting a visa.
If the offence happened in the UK you would have been on the sexual offenders register for life, hence regardless of the spent element in UK law you will always fail to meet the criteria for visa entry.

While I appreciate your opinion had this occurred in the UK, as you pointed out, I would never have been charged as the age of consent is 16 which ECO guidelines state that any conviction outside the UK must use UK sentencing guidelines in respect to the Rehabilitation of Offenders Act. As this would not have been a crime in the UK, not only is it not a disqualifying offence it also does not fall within the guidelines of a SOPO. For that matter even if it had not been a statutory offence, based on the 2003 Act the offense still does not fall under SOPO based on every other circumstance besides age under schedule 3 of the Act.

Aaliyah - thank you for the links, those are the same documents that I had previously reviewed. All of the above charges resulted in non custodial orders. I was actually surprised that the longest custodial sentence for these was potentially the reckless driving with a maximum of possible commitments of 2 years.

Please do not take with of my responses as being cavalier about the things I did up until the age of 20, they were stupid and reckless and I am in no way trying to justify them. However, in that regard since that time I have paid my dues, served my country with honorable distinction, raised a family, continued to better myself, and have made considerable contributions to society both through volunteer work and my academic research.

One way or the other with your criminal record you've been refused. It will almost certainly be under being non conducive for the public good rules.

Hey everyone,

I have been admitted to the Royal Dick Sxhool of Veterinary Studies and am in the process of applying for the tier 4 visa. I was arrested for DUI in October and plead no contest to misdemeanor in February. I have read paragraph 320 section 18A and grounds for refusal. The school has agreed to defer my acceptance and allow me to begin Fall 2018 if my visa is refused. Has anyone had experience with this type of situation and how likely is it that I could still be approved?

Mrseers wrote:Hey everyone,

I have been admitted to the Royal Dick Sxhool of Veterinary Studies and am in the process of applying for the tier 4 visa. I was arrested for DUI in October and plead no contest to misdemeanor in February. I have read paragraph 320 section 18A and grounds for refusal. The school has agreed to defer my acceptance and allow me to begin Fall 2018 if my visa is refused. Has anyone had experience with this type of situation and how likely is it that I could still be approved?

You have tagged your question onto the end of a thread that was started 3 years ago and hasn't had any activity since January 2015!
Please open your own topic and continue to post there.