Criminal Convictions - Entry into UK

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teamrice

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Hi Frequent Folks,

I have perused previous threads on this topic but alas could not find anything with relevance, so if there is one, please forgive me in advance.

I recently applied for a short term tourist visa to visit my daughter in Coventry, England and today received a response which denied me access to the visa. The reason for the denial was that I have previously been sentenced to incarceration for a period of between 12 months and 4 years which is correct. I received a 3 year sentence suspended for 6 months ( meaning I was incarcerated for 6 months only). Fair enough I'll cop that on the chin and wont challenge as I believe I will only get the same result and a lot of wasted time and money.

So the big question is should I risk getting into the country. I will be travelling with my wife and two children and it would not be a pleasant experience (wrath of wife) should they gain entry and I have to return to Australia. I know the best advice is to discuss perhaps with Migration Agents in the UK (and I will) but if anyone has had any experience with entry to the UK without a visa and a recent criminal past I would love to hear your comments. To pre-empt your response my questions are:

1. Are you required to disclose any criminal convictions before you enter the border i.e. entry card on plane?
2. Whilst the conviction was for a white collar offence and not violence or drug related, do Australia and UK share data and will I be flagged on presentation of my passport?

Appreciate your comments and of course wisdom you who fly alot
 
Ordinarily if your travelling on an Australian passport as a tourist, you don't need a visa beforehand and the U.K. Landing card does not ask about a criminal record.

However, having done the right thing and applied for a visa mentioning this they will have flagged your passport so I wouldn't risk trying to get one on arrival. Try applying again, maybe requesting an interview to plead your case.
 

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Likewise, I would imagine you're now flagged.

I believe only if you're on a "list" for a crime do they contact the country you're travelling to.
 
Curious why you applied for a visa in the first place.

I guess you could try to go in via Ireland?
 
Thank you everyone for your comments, thus far. Hindsight is a wonderful thing 'opusman', had I known that it would have been an issue I would have run the gauntlet without a visa however all the relevant info on the UK Visa website said whilst it wasn't essential it was advisable if you have a prior criminal conviction. I guess what I need to do now is determine if in fact they would record my passport number in their system and flag it as 'entry denied' being mindful I have never entered the UK previously and to way up the risk of spending $1600 to see my daughter (no brainer really)
 
I guess what I need to do now is determine if in fact they would record my passport number in their system and flag it as 'entry denied'

Of course they would. It makes a lot more sense to follow kelvedon's advice above, and try to get it all sorted before you leave.
 
Heya TP,

Likewise I have technical issues entering some countries, Australia included, though its just a stop for a quick chat and update upon entry for me.

Due to the Suspended term vs actual time in her majesties residence I would strongly suggest the proactive approach of contacting your local consulate her in AU for advice and pre-screening.
This will make life easier at the other end, and proves you a considerate traveller requesting entry in a legitimate manner.

Personally I think you will be ok due to only residing 6months, regardless of the original sentence...suspended.

(That being said I am presuming that your indiscretion was not of a violent nature and didn't included weaponry?)

Anyways, the best road is the high road, trying to find other avenues of entry or risk the gauntlet of direct entry unprepared will undoubtedly unravel your best intentions)

Here's a link to major city consulates in AU Embassy of United Kingdom in Australia

Good Luck.
Donavan
 
teamrice, am not belittling your plight, but it strikes me as ironic that the Mother Country bars entrance to Aussies due to a "white collar" offence, given this young nations history and birth.

On a serious note, I am with the crew that says you should plead your case, etc prior to attempting entry. If the offence was not hideous, talking should resolve it (many visa-denials are basically knee-jerks to ostensible parametres / legislation)

Cheers. And best of luck.
 
I guess you could try to go in via Ireland?

There's little value in trying to enter the UK via Ireland. Entry to the Republic of Ireland automatically gives one entry to Northern Ireland, for there are no border controls between the two countries, and it's then a domestic flight to England. So, entry to the ROI either direct or via LHR has careful scrutiny of one's entitlement. This is most evident at LHR when transiting to Dublin, for the Border Force process you as if you're entering the UK.
 
Get approval to enter the UK or stay behind is what I am thinking. Getting loaded back on the returning plane at your expense would trouble the rest of your family as well as yourself and your pocket.
You have the contact details so use them early so you can plan a wonderful family trip.
We have a staff member who had a brush with the law when he was young and he gains clearances prior to travelling. It really is necessary.
 
The reason the sites say it is "advisable" to apply for a visa is that countries do not - and cannot - check the history of every traveller at the point of entry. They rely on you volunteering the information. Whenever they really really stress the importance of disclosure, that's code for "we don't know unless you tell us".
 
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Not that I'm advocating it, but if you lost your passport, and had to get it replaced, the number would change and that might be enough for them not to notice. Then again that is a lot of effort and cost, and you may as well change your name too ;)
 
Just wanted to say a big thank you for everyone's comments, they were greatly appreciated. Just to update I endeavoured to appeal the decision through the appropriate channels only to find out there is no right of appeal on visa decisions unless its an asylum issue or racial discrimination issue. What I was able to do was contact UK Immigration directly and discuss my plight. They in turn have decided to look into the refusal and discuss with an Entry Officer in the UK which will take approx. 5 working days. If that fails, my sentiment is to not try and enter as suggested by many of you. I trust this helps someone in the same predicament as myself in the future.

Thanks again.
 
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Just wanted to say a big thank you for everyone's comments, they were greatly appreciated. Just to update I endeavoured to appeal the decision through the appropriate channels only to find out there is no right of appeal on visa decisions unless its an asylum issue or racial discrimination issue. What I was able to do was contact UK Immigration directly and discuss my plight. They in turn have decided to look into the refusal and discuss with an Entry Officer in the UK which will take approx. 5 working days. If that fails, my sentiment is to not try and enter as suggested by many of you. I trust this helps someone in the same predicament as myself in the future.

Thanks again.

Let us know how it goes.

I would absolutely not recommend you try to enter the UK if you have been refused a visa. That could see you deported with an even longer exclusion period.
 
Yes you can get to pay for your own deportation ticket so doing the legitimate way is the only sensible option. Good luck with your re-try as family trips are important.
 
Just wanted to say a big thank you for everyone's comments, they were greatly appreciated. Just to update I endeavoured to appeal the decision through the appropriate channels only to find out there is no right of appeal on visa decisions unless its an asylum issue or racial discrimination issue. What I was able to do was contact UK Immigration directly and discuss my plight. They in turn have decided to look into the refusal and discuss with an Entry Officer in the UK which will take approx. 5 working days. If that fails, my sentiment is to not try and enter as suggested by many of you. I trust this helps someone in the same predicament as myself in the future.

Thanks again.

Good luck. If you try and are then deported, you get to lie on even more immigration cards because many ask if you have ever been refused entry to a country, so your approach is best.
 
Let us know how it goes.

I would absolutely not recommend you try to enter the UK if you have been refused a visa. That could see you deported with an even longer exclusion period.

And possibly have an effect on entry into other countries if they find out.
 
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