Category: Travel

Successes in getting visas to travel to the US

This is taken from an update to our Information Hub

As part of our attempts to make sure this Hub reflects the genuine experiences of people with convictions, we want to make sure that were highlighting some key examples which we think are relevant to people making use of this site

One particular update that we’ve made today is to include a couple of positive experiences that we’ve had reported to us, where people have been granted a visa to travel to the US.

We have updated the Travelling to America section, but have copied their experiences below;

“I received a caution for possession of a controlled substance (Class A) in 2009. By mid-2010, I had applied for and been granted a visa which was valid for 10 years. I went suited and booted and they just asked me whether I was still misusing drugs. I think possession is extremely minor in the spectrum of drugs-related offences”

“I had visa interview this morning (Paris Embassy) and was granted. Passport coming back end of week. My record – 2 arrests – 1 caution for D&D in 2005, 1 for ABH in 2010 which resulted in 10-week tag, 260 hours community service, £400 fine from Magistrates.

I applied for B1/B2 visa from US Embassy in Paris, as currently at university in France. Filled in standard visa application, whereby I declared both caution and conviction. I also got ACPO certificate but this is not mandatory for visas from France. Booked appointment online, and turned up with confirmation of payment, Stamped Addressed Envelope, photos, etc.

Arrived at 0730 (smartly dressed in suit and tie!), given a number, and gave all docs for registration. about 20 mins later, was called to a screen with US immigration officer. There was no private room, just a rank of booths not unlike a bank branch. She asked me what I was doing in France, what I wanted to go to the US for, and how was I going to finance it. I gave her a copy of my uni course confirmation, and my bank statements.

She then asked me to give more detail about the 2 arrests / convictions which I did, and also handed over the ACPO certificate. After she tapped away on a computer for a bit, she then said “I just have to go and check something”, and 5 minutes later she came back and said, “Everything is fine, and you’ll get your passport back with the visa in 2-3 days”.

Total time at Embassy – 1 hour. Obviously there will be some minor procedural differences between Paris and London, but the key takeaway is that the system can work, and the bureaucracy not be so bad. Clearly it’s not all quite there, as I won’t believe the final hurdle is overcome until I set foot on American soil. It’s a major weight off my mind, however.”

Immigration and nationality decisions are now exempt from the ROA

This update is taken from our Information Hub

As of the 1st October 2012, changes made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (s.140 in particular) mean that immigration or nationality decision making, including initial decisions and any subsequent proceedings, are exempt from the Rehabilitation of Offenders Act 1974. This means that spent convictions can also be considered as part of these processes. This includes convictions obtained before October 2012.

It does not, however, affect any proceedings which began before October 2012 (or decisions made but not finally determined).

Please note: At the time of writing, the UKBA’s website has yet to be amended to reflect the above changes, and hence references to the ROA still remain in our own information above. This will be amended in due course, in line with changes to the UKBA website. It is possible, for example, that the UKBA will set their own guidelines for disregarding certain convictions. Check out our Coming to the UK section for the last information.

All these changes mean is that the UKBA now has the freedom to take into account spent convictions. The UKBA are yet to publish their own guidelines on how they intend to put this possibility into operation.

A useful article on this change is available from the Immigration Lawyers Gherson.

Travelling to the UK, and should reformed offenders be given a second chance?

The news that prospective Coventry Blaze ice hockey team player Mike Denton has been refused a visa to enter the country because of his criminal conviction, sparks the debate of whether reformed offenders should be given a second chance.

We contribute to a discussion on BBC Coventry and Warwickshire. You can listen to the interview below.

Category: Travel

Successes in getting visas to travel to the US

Immigration and nationality decisions are now exempt from the ROA

Travelling to the UK, and should reformed offenders be given a second chance?

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