Criminal Record

[juliajules1979]

Hi

When applying for a Spouse visa should the applicant be free of all spent convictions or will this not be an issue when applying.

My friends Hubby had a conviction back in Feb 2006, it will be spent in Feb 2011. Punishment was a community punishment order and costs. Are they better to wait to apply until after the conviction is spent or will it be ok to put in the application now.

Any ideas? Many thanks

[Casa]

When you say 'Spouse visa'...do you mean spouse entry (settlement)?

[juliajules1979]

Yes Spouse entry settlement visa. The conviction occured in the UK and they since moved abroad to live, they now wish to return. Shes quite unhapy abroad and wants to return asap but doesnt want to submit the application if it will get refused. She would rather wait until it is spent if this will have a bearing. Any ideas on whether an unspent conviction will affect an application. Many thanks

[juliajules1979]

Can anybody give me any advice?

[Zebrudaya]

Dear juliajules1979

You have to give us more details of the conviction to enable us advice you correctly. What was the man`s crime etc? Crimes have different gravities e.g. murder has a greater gravity than driving over the speed limit etc. However, a general rule of the thumb is that a spent conviction enables one to start on a clean slate as it were.

[juliajules1979]

Hi

It was Assault on Police. He recieved a 200 Hours Community Punishment order and £200 Costs. i know that this type of conviction is spent after 5 years, but they are not sure if they apply before it is spent will he be refused.
Many thanks for your time.