Biting our nails...Please help!
Dec 2nd 2008, 11:14 pm
#46
BE Enthusiast
Joined: Sep 2003
Posts: 484
Re: Biting our nails...Please help!
[QUOTE=marcsred;7032318] Today I got a man who was actually rather helpful, and who, after searching for about half an hour found out some information. QUOTE]
You got his name, of course?
So you can write to him directly by name. With luck you may even be able to extract a 'governmental' email. (Now that is a pigs might fly comment - but in the past I have had emails from governmental agencies such as the Passport people in Washington, DC...
You got his name, of course?
So you can write to him directly by name. With luck you may even be able to extract a 'governmental' email. (Now that is a pigs might fly comment - but in the past I have had emails from governmental agencies such as the Passport people in Washington, DC...
Dec 2nd 2008, 11:19 pm
#47
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Biting our nails...Please help!
I guess I'm just not good at letting things lie. Especially when not doing so would provide a great form of procrastination for a paper I'm writing. I just realized that it's normal business hours in the UK, so I thought I'd try my hand again with the Procurator Fiscal's Office. Today I got a man who was actually rather helpful, and who, after searching for about half an hour found out some information. Of course they couldn't give me specific details because I am not my husband, but what I was told was this:
- My husband's charge was a SUMMARY charge.
- He was given a compensation order, which, in Scotland, DOES NOT constitute a full court appearance (if that is important - the Procurator Fiscal seemed to think it was).
- Compensation orders are reserved for people with an otherwise clean record and for only the least serious of charges (or charges that are not "solemn" and even on the less serious side of summary charges).
- While Theft by Housebreaking can range from a petty offense to something quite serious, the level of seriousness can be gauged by the sentence given. Being given a compensation order reflects that even among summary charges, his was not a serious one.
- The man said that if my husband wrote to him, he might be able to give him more details in writing.
Dec 3rd 2008, 3:51 am
#48
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Biting our nails...Please help!
This is wonderful news!
This solves the "substantive" issues; however, "procedural" issues remain complicated by the fact of long distance.
I suggest strongly that you apply Occam's Razor or the KISS principle in resolving the problems.
Whether or not your husband was "convicted" of a "CIMT" need not be resolved at all -- if it is his only offense, it falls within the petty offense exception to the bar of inasmissibility.
Your husband will need to show:
The court proceeding was a "summary" proceeding in Sheriff's Court
The maximum jail time that can be given is three months
And there was no jail time.
So, on the substantive end of things -- it is OK
On the procedural end of things -- you need official documentation. Feel free to contact my suite mates -- http://www.fongandchun.com
They do visa work abroad -- which I no longer do. The consultation is free and they can give you guidance.
Please note that, even with documentation in hand, the Consulate in Australia may want to get an advisory opinion which may delay things -- however, rest assured it will work out in your favor.
