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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 10-14-2018, 07:16 AM
Nu1 Nu1 is offline
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Default Can my American boyfriend ever Immigrate to UK?

My boyfriend is out of Prison & to a HWH in December. Then obviously he will be on parole for the foreseeable.
I live in the uk & he is from Salt Lake City. He & I were hoping that eventually he could come over to live in the UK with me. That would be the ideal.
He has drug convictions & is just finishing a 13 year sentence.
Somebody has told me that he wont be able to set foot in the uk because his crimes are drug related. Can anybody tell me if this is true? Also can anybody point me in the right direction for the laws regarding this? Especially the uk laws?
I am not ignorant at all but I am uneducated with regards to this. Im sure you can appreciate that Ive been trying to prepare him for his release & for the HWH. Ive not thought about a few years ahead yet until my friend mentioned this passing comment.
Any help would be appreciated. Thank you, Nu xxx
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Old 10-14-2018, 07:53 AM
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Hi there, I am also from the Uk and I have a partner in Colorado. We are looking to go down the same route and apply for him to move to the Uk when he is released.

Its not a straight forward process and each individual case is different, but it is possible.

Here is the guidance for denial based on criminal history.
https://assets.publishing.service.go...-v29.0-EXT.PDF

It is pretty much a mandatory denial for anyone who has served a sentence over 4 years. Then its a case of looking at exceptional circumstances. As each case is different its hard to tell how each case would play out.

After BREXIT I am not sure if we will
still have access to ECHR (European court of human rights) as a level of appeal.

My advise is to go a lot of research make sure you only use the official government website.
https://www.gov.uk/settle-in-the-uk/...ritish-citizen

There are plenty of sites wanting to charge fees and take your money with promises of advice and easy routes to visas etc and they are to be avoided.

The govenment website has a list of approved immigration advisors and they are your best bet to get some advice about your individual case.

Good luck.
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Old 10-14-2018, 07:59 AM
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All I could find about a US felon residing in the UK was this: United Kingdom - "Permanently excludes any person who has been sentenced to more than 30 months in prison for a single offense, and excludes other convicts until the rehabilitation period has passed"

Here is a link to the GOV.UK index of immigration laws.
https://www.gov.uk/guidance/immigrat...on-rules-index
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Old 10-14-2018, 08:18 AM
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Has he any family from any other European country? If he does it might make it easier to get into Europe and then the U.K. I know Brexit might change this but it might be worth a shot. For example if someone has an Irish parent or grandparent they automatically qualify for irish citizenship with no questions asked. And if he qualified for something like that might be easier to get into the U.K.
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Old 10-14-2018, 09:17 AM
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Has he any family from any other European country? If he does it might make it easier to get into Europe and then the U.K. I know Brexit might change this but it might be worth a shot. For example if someone has an Irish parent or grandparent they automatically qualify for Irish citizenship with no questions asked. And if he qualified for something like that might be easier to get into the U.K.
Brexit will change that, there will be no automatic right of settlement in the UK for European citizens the same immigration rules will apply to Europeans as other non European countries.
An Irish passport (southern Ireland) would make someone a European citizen not a British Citizen. Although he would be a lot closer in Southern Ireland.
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Old 10-14-2018, 09:42 AM
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Thank you everyone.

Maytayah, my OH is in FI, Englewood Colorado. What a coincidence we are both from the uk & They ste from/in Colorado
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Old 10-14-2018, 09:57 AM
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Thank you everyone.

Maytayah, my OH is in FI, Englewood Colorado. What a coincidence we are both from the uk & They ste from/in Colorado
There are quite a few UK based people on the site with loved ones in the USA. I know someone else on here with a loved one in Colorado. Its always good to hear from others in the same boat.

Have you been to visit? I go a lot ,usually every 3 months. We value our time together especially after they took the tablets.

Anyway I don't want to steer the thread off topic but feel free to PM if you want a general about colorado Doc I am always up for a chat and have a look at our Colorado forums we have lots of info and some active members there.

http://www.prisontalk.com/forums/forumdisplay.php?f=135
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Last edited by maytayah; 10-20-2018 at 02:58 PM..
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Old 10-18-2018, 06:44 PM
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No I’ve not yet been to visit. My OH won’t let me. He wants to be out when we meet. His daughter hasn’t ever been to see him as he doesn’t want her going to a prison. Over 13 years his mom hasn’t been much. He doesn’t want visits. Just mail & emails. We email probably 15 times a day, even with the time difference. I’ll go over & visit at the beginning of next year. He will be in the HWH by then. We both are very realistic & understand that getting him comfortable outside the prison must come before our relationship because without that there can be no relationship.
Thank you for all the help & advice xxxx
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Old 01-06-2020, 10:15 PM
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Quote:
Originally Posted by Twinkle82 View Post
Has he any family from any other European country? If he does it might make it easier to get into Europe and then the U.K. I know Brexit might change this but it might be worth a shot. For example if someone has an Irish parent or grandparent they automatically qualify for irish citizenship with no questions asked. And if he qualified for something like that might be easier to get into the U.K.

If the prisoner had Irish parents then he would be classified as a duel citizen if he was also an American citizen and therefore can request a transfer to Ireland but he would not be allowed to become a citizen in England. He could probably visit England on a holiday but not become its citizen.



If the incarcerated person has Irish ancestry say grand parents on either his mothers or fathers side and if when he was born his parents at the time didn't think to register him then he still cant apply for citizenship due to his prison incarceration status time. Now if he had no criminal record to speak of then there'd be no problems.
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Old 05-10-2020, 05:47 PM
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We've been looking into that also. I can transfer over to the US with my company but I'd rather stay in the UK and him join me.

He is half way through 7 years. Once brexit is done and dusted i think we will know more.

My OH is in mendota, CA
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Old 05-11-2020, 01:52 PM
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You can look into him moving over here. Cases are looked at on an individual basis but as a general rule anyone who has served 30 months or more in prison in the USA would not be able to enter the UK.

However if you are married he could apply to come if there was some substantial reason why you could not join him the USA. Maybe ill health (there is no free health care for ex pats in the US) family responsibilities, career etc.

The Uk human rights act gives you the right to a family life and so you have a chance but its not a guarantee,

Maybe pay for some advice with an immigration lawyer. Even an hour of good advice can be valuable.
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