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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
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Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I am in a civil partnership with an American citizen in the

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Hi there, i am in a civil partnership with an American citizen in the UK and i have a criminal record. My record conspiracy to defraud. No monies were made or lost by any clients and i caused no harm to anyone. I confessed to the police and was very obliging with everything I can get a Solicitors letter to confirm this if required. We obviously have a lot of family in the states and we need to go to a wedding later in the year. I need to get a visa waiver sorted so i can start to see our family. We havent been for 4 years due to stress etc and we have a wedding to attend also. Could you advise? Thank you
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in the UK. I admitted my crime with the US embassy London and took my police certificate but as i was in my 2 year suspended sentence at the time, i was denied. The two years were up in October 2019
JA: Have you talked to a lawyer about the visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, i dont think so thank you

Hi How can I help?

I will go over your question and respond

Customer: replied 11 days ago.
Hi there - have you ready my plight and the problem i have at the moment?

Which visa are you on?

What is your nationality - are you British?

Customer: replied 11 days ago.
Hi there - could i message you as im at work
yes, i am British

That is fine.

Who will be applying for the visa your Civil partner?

Which visa is your Civil partner on?

Customer: replied 11 days ago.
My partner is an American citizen and has lived in the UK since January 2007. He has indefinite leave to remain and we are about to start applying for his duel nationality
Customer: replied 11 days ago.
Its me that has the problem getting into the US

I see

Have you applied for a Police Clearance Certificate?

You can apply one at: www,acro.police.co.uk

Customer: replied 11 days ago.
yes - i had that done in 2018

Have you applied getting into the US?

What have they said?

Customer: replied 11 days ago.
yes - i went to the US embassy to apply for my ESTA but got it refused due to me being in the iddle of my suspended sentence. I was handed a 2 year suspended sentence in october 2017 which ended October 2019.

You will need to wait for it to become spent

Customer: replied 11 days ago.
my two year suspended sentence ended October 2019
Customer: replied 11 days ago.
you think i could aplply again now the two years are up?

You can certainly try - there is no harm - but the sentence needs to become spent before it is considered not being there. Is your CRB showing on your file.

Customer: replied 11 days ago.
how long is it before it is spent?
Customer: replied 11 days ago.
Im trying to find a copy of the certificate
Customer: replied 11 days ago.
Where would i find my crb?

This will be under the Rehabilitation Act - you would need to apply for CRB = Enhanced disclosure which will show any criminal convictions.

Customer: replied 11 days ago.
OK - so if the sentence ended October 2019 - does that mean that it is 'spent'? or is there a time?

No there is a time period before this happens. Your solicitor would be able to advice you further on this (Criminal solicitor).

Thank you

Your very welcome.

I would be grateful if you will give me a positive rating by clicking on the above and press submit - I would appreciate it and me able to help other customers - Many thanks

Customer: replied 11 days ago.
OK, thank you - so i will call my solicitor tomorrow and get their advice on the spent time.

Please don't forget to provide a positive rating

Customer: replied 11 days ago.
ill do that now. thank you for all your help

Please don't forget to provide a positive rating

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