Khora

Hello everyone!

I have a quick question if anyone can help or has experience with this.

My husband (Aussie) and I (Brit) applied for a spouse visa. We're still within the timeline, and today we received an email saying they're unable to conclude the application without a criminal record check in order to confirm the details of previous convictions. In the application we've stated my husband's past criminal convictions - we've copied it exactly as it is on the criminal record check we did in August.

They gave us 10 working days to send the document back and I was wondering if the criminal record check from August this year is still valid and can we send that? A new federal check would take anywhere from 15 to 20 working days.

Also, I'm kind of worried. We both knew that they can refuse the visa based on his past criminal convictions and we were ready for it, however what we were not ready for is them requesting the actual document.

We've disclosed everything, so there's nothing to worry about regarding deception, I'm just confused as to why they would want the document from us, especially if they're considering a refusal?

Thanks so much for your help!

spouse of scouse

Officials love their official bits of paper, that would be the reason they requested the document. The August 2020 one should be fine, just send them that one. Good luck with your husband's decision

SanDiegogirl

As far as I am aware there has always been the necessity to provide documentary evidence of a criminal record when applying for visa for UK:
The statement below is taken from a Guidance Notes document for visa applications:

6.9 Have you been convicted of any criminal offence (including driving offences) in the UK or any other country, at any time? Answer Yes/No. Please give details of the date and place (country) of the offence and what you were convicted of. Please state the what sentence you received. To assist your application, you may want to supply documentary evidence of the conviction (e.g. the official record) detailing the crime you were convicted of and the sentence you received

When applying for visas for South Africa and the US, even without any criminal record, I had to provide a criminal record check from any country lived in for 5 years or more; so not surprised that someone with a criminal record would be asked to provide official documentation.

Khora

Thank you so much! Fingers crossed as well!

Khora

Thank you for the answer.
I understand why a police check is required in general, I've done numerous ones for work/perm residence visas for Canada and China. Australian immigration for example, has this as a requirement regardless of whether you have the record or not. So does Canada, especially for PR.

I was merely confused as the UK did not ask such a thing originally. I had just assumed once they saw the convictions, they'd either refuse or conduct the check themselves. That was probably a silly thought, but there we are

BritInParis

The UK never asks for criminal record checks as a matter of course. They will only request one if you declare serious convictions which appears to have happened in this case. Depending on the nature of the offences and/or the length of the sentences it may prevent your husband from being granted a spouse visa.

Khora

If by serious you mean things such as violence or imprisonment, then no. He has a criminal conviction for possession of utensils that had been used (a grinder and a bong) and a conviction for ''contravene direction or requirement'' (ie, not following the police instructions). These occurred four years ago. Sentences were fines and probation for drug paraphernalia.

BritInParis

Shouldn’t be a problem then. You did the right thing in declaring them.