Aberdeengraeme

Hi
I am British national that has lived in the US since 2002 and need advice.
I want my spouse (American) and 3 kids to move back to the UK so I can look after my mother in her old age. But I have a small problem,my wife did a stupid thing last April and got in trouble for shoplifting. She received a fine and basically a slap on the wrist. This has thrown my plans all to hell because I assume her spousal visa would be refused. My kids can get a British passport through me but the problem exists withy wife. I work for a company that could transfer me back to the UK soon if I request it. The Border Agency isn't really much help and spending $1300 an application to be told no isn't an option.

pennylessinindia

Did she shop lift in the UK or US - if US then doubt that this will prove a problem
If in the UK there will be a record of it and as long it is declared doubt it will be a bit issue

Aberdeengraeme

No..it was here in the US but I read that if it was less than 2 years the visa would be denied. It's a $1300 risk just to find out.
I thought about getting her over by means of my company transferring me over there and apply once the 2 years but up. It's a minefield of what if's

BritInParis

That two years only applies if an applicant was already in the country and was applying for leave to remain e.g. the applicant had committed a crime in the UK whilst here on a visa. The rules for leave to enter are less strict.

http://www.ukba.homeoffice.gov.uk/vi...y/suitability/

Suitability for entry or extension applicants
Your application for entry or permission to stay in the UK as a family member will be refused if:

- the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
- you are the subject of a deportation order;
- it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
- it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
...

So the character and conduct test is the most relevant in this scenario.

More detail is given here but essentially you will have to have served time in order to be even considered to be refused. Just make sure you do mention on your application form though if required to as not disclosing information would be grounds for refusal even if the offence committed was not.