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Curious case of Aryan Khan drug case

Published on: 06 Oct 2021
Reading time: Approx 6 mins

How the recent Aryan Khan drug case gave rise to questions on immigration with a criminal conviction!

After the news broke out of Aryan Khan’s detention and arrest, Immigration experts at The SmartMove2UK talk about the relevance of declaring any criminal convictions or charges would affect a visa application, even those pertaining to criminal and drug offences. More importantly, how civil or criminal charges or convictions can affect any types of visas and immigration.

Every country has certain criminality and deportation thresholds in place, which are grounds for refusal of a visa application. This does not necessarily mean that you cannot travel any more, but it majorly depends on the nature of the crime/offence and more factors.

In this article, we have covered the following topics:

How does a criminal charge / offence / ongoing case affect your UK immigration?

Just like the recent Aryan Khan drug case, where a Bollywood star kid was arrested in a Mumbai cruise rave party, young people tend to fall into these situations leading to allegations or offences on their record. And such records can affect UK immigration and visa approvals directly. Once the application has a criminal offence attached to it, it is no longer a straightforward application. May it be a student, visitor or business visa.

During the processing of a visa application, an entire background check is done by the Home Office. Your UK visa application will be considered not eligible and will very likely be refused, if any of the following parameters are crossed

  • a conviction with a custodial sentence length of at least 12 months;
  • committed an offence which caused serious harm;
  • are a persistent offender who shows a particular disregard for the law

There are many more updated sentencing guidelines for drug offences, 2021
and criminal offences, which affect a visa application. And they are quite complicated to understand for someone who isn’t familiar with laws, their sections, subsections, provisions, etc.

Green card applicants with criminal records

Regardless of the location of the crime, whether you are in your country or in a foreign land when the crime / offence took place and was filed, it affects future immigration and leads to a refusal. Especially when it comes to applicants seeking a Green Card. Your offences in your home country or/and the foreign country you’re living in, both affect your attempts to getting a permanent residency or citizenship.

This does not mean you cannot travel. It doesn’t reassure either that you will necessarily be approved for a visa. But seeking professional help increases your chances of turning the situation around.

How do I get a visa to the UK if I have a criminal record?

Regardless of the location of the crime, whether you are in your country or in a foreign land when the crime / offence took place and was filed, it affects future immigration and leads to a refusal. Especially when it comes to applicants seeking a Green Card. Your offences in your home country or/and the foreign country you’re living in, both affect your attempts to getting a permanent residency or citizenship.

This does not mean you cannot travel. It doesn’t reassure either that you will necessarily be approved for a visa. But seeking professional help increases your chances of turning the situation around.

What are the Challenges in Obtaining the UK Spouse Visa? Click here

Frequently Asked Questions – FAQ’s

What is the effect of ‘drug case criminal record’ on UK immigration process and application?

Those seeking permission to enter with criminal convictions will be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

What is the effect of ‘drug case criminal record’ on UK Study Visa?

Applicants who need a visa to study in the UK will be required to disclose a criminal record, including spent convictions, at the time of applying for their Confirmation of Acceptance for Studies (CAS).

What is the minimum sentence for class A drugs in the UK?

Class A drug trafficking offences are usually a minimum of 7-year sentence in the case of an adult, where there have been 2 separate convictions separately for class A drug trafficking offences, unless it is unjust to impose.

What is the sentence for ‘possession with intent to supply’ in the UK?

The maximum sentences for intent to supply drugs are: up to life in prison, an unlimited fine or both for a Class A drug, up to 14 years in prison, an unlimited fine or both for a Class B or Class C drug.

What if I have a criminal record?

You must attach any previous convictions on your UK visa application. Also, to try to ensure your visa isn’t refused, seek legal help.

What if I have a Criminal offence case?

You must attach any previous convictions on your application. Also, to try to ensure your visa isn’t refused, seek legal help.

What if I was detained for few days / police detention?

If you have been charged or cautioned or convicted of an offence and time served due to the same you must declare the same on your UK visa and immigration application.

Good Character Guidance for UK Visa and Immigration

The good character requirement applies to anybody over the age of ten who applies for naturalisation or registration as a British citizen. In most cases, the decision maker will not normally consider a person to be of good character if there is information to suggest they have not respected and/or are not prepared to abide by the law. For example, they have been convicted of a crime or there are reasonable grounds to suspect (i.e. it is more likely than not) they have been involved in a crime

Conclusion

It is best to get Immigration advice and assistance in such matters and being completely transparent with your solicitors.

The SmartMove2UK has helped many individuals, with a negative remark or an offence on their record, with legally applying for a visa, and making sure they enter the UK.

We also helped out a customer who was arrested for a drug felony and detained. But our lawyers handled the matter with their expert skills.

Click here to know more about our clients and their success stories. About how they thought they could never hold a visa again but are now settled in the UK – Case Studies.

Our UK Immigration lawyers based in India – Mumbai, Bengaluru, Delhi and Chandigarh, consult clients from all over the world; while our dedicated team of experts look after your documentation, other paperwork and any inconsistencies or missed out details. We consult our clients via Zoom, Skype and WhatsApp and offline – at our offices in Mumbai and Delhi.

You can reach out to our lawyer / expert on, also you can search in Google by typing: ‘UK visa and immigration lawyers / expert near me

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