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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I applied FP through my solicitor. I married a British citizen and I have a 8 m

Resolved Question:

I applied for FLR FP through my solicitor.
I married a British citizen and I have a 8 months British child but I have a criminal offense for fraud and theft on 2011 so I am worried did they accept my application.
Please reply me as soon as possible.
Thanks.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What sentence did you receive for the conviction?
Kind regards
Tom
Customer: replied 2 years ago.

6 months for fraud and ,6 months for theft

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your article 8 right to a family and private life assists you in this regard. The criminal conviction would rule you out of applying for almost all other types of visas.
However, your Article 8 right usually acts to get around minor convictions/offences. So, once they have accepted that you have an article right to a family and private life because you are married/have a child then they have to balance this right with whether it is the wider public interests to let you have leave to remain (ie for the wider public) .
However the offences you have committed are not trivial you have received substantial sentences for either. I would expect that the home office would probably reject the application initially and force you to appeal. This means that you would have to appeal and have your solicitor act for you on appeal.
Your chances are considerably improved on appeal because your evidence generally gets a bit of a fairer hearing. The chances of you being deported are considerably reduced once they accept you have a child and are legitimately married in a genuine relationship, but it will take a bit of time sorting out.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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