Applying for the UK Spouse Visa while having received a non-custodial sentence in Spain?

3rd Feb 2020

I'm looking for advice regarding the UK Spouse Visa. My wife and I are at the final stages of the application (this is our first time applying) but we have encountered a problem that might affect us from getting approved. 

I am a Scottish citizen and my wife (the applicant) is a Colombian citizen, she travelled to Spain in August 2016 for 1 week and while she was there, she was arrested with 'Resistance or disobedience to authority' ..  She returned to Spain and received a non-custodial sentence in October 2019. 

From my understanding, when one receives a non-custodial sentence, they must wait 1 year before applying for entry clearance. But, depending on certain situations, the application won't always be refused. 

We have lived 8 years with distance and are very tired of waiting to live together, so my question is, do you recommend waiting until October this year? or is there a possiblity the entry clearance officer will approve our application? 

I would appreciate any advice you could give me regarding this situation. 

CATEGORY: Immigration


1 answer
  • Tann Law Solicitors


    We can assist with your query. We need to do a full consultation so we can advise appropriately. Our consultation fee is £150 for up to one hour of advice. If interested you can contact us to book a telephone consultation. 

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