Criminality and the UK Spouse Visa

Old May 29th 2022, 4:38 am
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Default Criminality and the UK Spouse Visa

Hi guys.
(Edit: Apologies if this is in the incorrect subforum! I'm kind of a newbie.)

Been reading up on options for moving with my spouse, nothing set in stone yet at all. I'll jump right into this by saying- they were convicted a decade ago, however my spouse was convicted of a violent type 'misdemeanor' crime (as opposed to a felony) before we met.

It's quite well documented in the papers we have. There was no prison time, only a fine and some reform classes. They've had no crimes prior or since, and ofc expressed regret, but I'm not asking whether an application would be approved or not, rather the opposite.

Am I correct in understanding that ANY violent conviction, regardless of severity, context or degree of reform, is grounds for mandatory refusal under 'serious harm' (section from the criminality guidelines booklet via home office)? Or if we were to some day apply would they be able to use discretion, due to lack of any custodial sentence?

Would love any info you guys might have on this. Mainly just wanting to see if this is an impossible dead end for us.

​​​​​​Thanks in advance.

Last edited by JustWondering47; May 29th 2022 at 4:50 am. Reason: Apologizing if misplaced
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Old May 29th 2022, 11:13 am
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Default Re: Criminality and the UK Spouse Visa

Whether ‘serious harm’ would apply is dependent on exactly what happened. If it was a misdemeanour offence with no custodial sentence, suspended or otherwise, then it’s probably not going to be an issue however certain actions, like domestic violence, are going looked upon more dimly than, say, a drunken bar fight.
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Old May 29th 2022, 1:09 pm
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Default Re: Criminality and the UK Spouse Visa

Originally Posted by BritInParis View Post
Whether ‘serious harm’ would apply is dependent on exactly what happened. If it was a misdemeanour offence with no custodial sentence, suspended or otherwise, then it’s probably not going to be an issue however certain actions, like domestic violence, are going looked upon more dimly than, say, a drunken bar fight.
Thank you for your reply! I appreciate it. Unfortunately it was a heated familial argument that ended in a misdemeanor DV convinction, and I understand the kind of severity that implies.

To be clear, you're saying that they will take into account context of the conviction even given it's violent nature? As per the guidance booklet:

Where a person has been convicted of one or more violent, drugs-related, racially-
motivated or sexual offences, they will normally be considered to have been
convicted of an offence that has caused serious harm.
An offence may have caused serious harm even if the punishment imposed for the
offence would not normally lead to an application being refused. For example, a
person may have been convicted of a sexual offence and only received a 3-month
custodial sentence. You must take into account any available offender management
reports and any sentencing remarks made by the judge relating to the impact on the
victim.
So I guess the court documents should provide evidence against causing serious harm given this guidance?

Thanks.
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