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Can husband on spouse visa re enter UK after holiday if convicted of assault

If my husband is convicted of assault( non custodial) on 25 august 2016 then goes home on holiday 8 september 2016,will he be allowed back in the u.k? Thank you.

Comments

  • edited July 2016
    @libby_lou
    Do you mean your husband has been arrested for assault , has been to court and will be sentenced on 25 August 2016 ? He then wants to go on holiday 8 September ?

    Even if he is given a non - custodial sentence, he could be looking at community service, being tagged, probation etc. and he will be required to attend. After being sentenced will he fail to do his community service because he went on holiday? This will result in being returned to court ,another offence and another criminal record.
    https://www.gov.uk/community-sentences/what-you-can-and-cant-do-while-on-a-community-sentence

    He may have difficulties if and when he re-enters the UK after a holiday but this is not the problem. The problem will occur when he applies for his his next visa extension (the first visa is for 30 months then an application is made for a further 30 months ) his criminal record must be entered in full on the application and could result in the refusal of the visa extension.

    The spouse or partner of a British Citizen as Appendix FM clearly states must not fall for refusal under any of the grounds in Section S-LTR: and the relevant rules are:

    S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good
    because, in the view of the Secretary of State, their offending has caused serious harm or they
    are a persistent offender who shows a particular disregard for the law.
    S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.),character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

    So you see it is not so simple, if it is your husband, he has only been here a very short time and this may also go against him.
  • Has not been sentenced yet. That will Be 25 august..assault 4 counts.( domestic)
  • @libby_lou
    I have given you as much detail as I can. Its highly likely he will be given community service. This should not be dismissed as him "getting away " with it. here is an explanation of community service. He will also go to counselling and there should be a protective order in place against the person who he assaulted.
    http://www.inbrief.co.uk/court-judgements/community-sentences/

    Your questions are so brief its hard to assist you. Do you want this person to go on holiday or do you want him out of your life?
  • I don't want him out of my life. I want him to be helped rather than punished. The holiday was already booked.
  • edited August 2016
    @libby_lou
    Do you not understand your husband broke the law? 4 Counts of domestic violence is too much. I doubt if you will be going on holiday. Its only 2 weeks after sentencing.
    You should walk away now.

    With all respect your husband is 30 years younger than you, these marriages DO NOT work. I know many people have told you this and its true. No Tunisian man loves a woman your age its purely "bezness" Your husband cannot be helped because he does not love you.

    How can I make you see that I am thinking of your best interests . Please stop deluding yourself.

  • If a man, any man of any nationality hits his wife or in fact any woman then he is a coward of the worst kind. No man should raise a hand to any woman. Libbylou - are you that desperate that you are willing to risk hospitalisation or even death at the hands of this despicable cockroach? Let him go to jail and divorce him while you are still healthy. And just so you know here in Tunisia, no Tunisian male especially the young would marry a woman double his age - never!!! They look for old foreign woman and use their undoubted charm on her and then they will dump the foreigner as quick as they can. I live here, I understand this culture and society and while I am telling you something you don't wish to hear - sorry but clear your head and think straight about this. How often in your own society in your own country would a young man marry someone double his age???? Not likely. Please love yourself and get another life
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