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Category: Immigration Law
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UK Visit visa for a previously convicted person in UK, the

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UK Visit visa for a previously convicted person in UK, the conviction was 12 months imprisonment suspended for 2 years. It was given in December 2011

Let me see I can help. General grounds for refusal of applications for entry clearance or leave to enter are set out at paragraph 320 of the Immigration Rules and general grounds for refusal of applications to extend or vary leave are set out at paragraph 322.

Mandatory grounds for refusal: paragraph 320(2)

Prison sentences

Paragraph 320(2) of the Immigration Rules provides mandatory grounds for refusal for individuals who have been sentenced to a period of imprisonment. Accordingly, an application must be refused if:

the person seeking entry to the United Kingdom:

(a) is currently the subject of a deportation order; or

(b) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or

(c) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or

(d) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

Similar provisions for applications under Appendix FM are found at paragraph S-E.C.1.4. For visitors, it is paragraph V 3.4 of Appendix V.

A person who has been sentenced to a period of imprisonment of at least four years is permanently excluded from the UK unless there are exceptional circumstances.

Those who have been convicted to periods of imprisonment of less than four years will be banned from the UK for a period of 10 years (if sentenced to imprisonment for a period between 12 months and 4 years) or 5 years (for sentences of less than 12 months). The “ban” starts from the end of the sentence, where the sentence is the entire sentence imposed, rather than simply the time spent in prison.

However, this does not include:

  • suspended sentences (unless that sentence is subsequently ‘activated’), or
  • convictions which are subsequently quashed on appeal.

As such the expectation would be that you are allowed into the country, as your sentence was suspended. Please rate positive

I hope that helps. Can you please rate. Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 8 months ago.
Hello,Thanks for the answer. So technically you are saying I would be granted visit visa since my sentence was suspended. Can you please see the attached ACRO report and suggest if ur advice remains same.

Thank you for this. Yes it remains the same. Please remember to rate positive.

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