Questions About Criminal Record Check For Residency

Benny

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Hello

I am a UK citizen, looking to stay in BA on a permanent basis. Currently I am staying on a tourist visa and I will be marrying my girlfriend (for the right reasons) who is a Brazilian national with Argentinian permanent residency/DNI. Her parents are both Argentines.

After we are married, I will most likely remain and apply for residency. I have seen various conflicting informations on the subject, so I put forward my questions here. I see that 2 criminal record checks are necessary, one for previous country and one for Argentina.

Admittedly, I have crossed paths with the police in the UK a few times in the past. They were minor offences, and very debatable, and mostly from my youth. Such things as 'theft by finding' which was almost laughable, and 'overly' self defending from drunk 'lads'. Anyhow, what happened, happened. I am wondering what effect this might have on my background check for residency. I have been cautioned in each case, yet I have not been in front of a judge in court. The last thing that happened was about 4 years ago.

Will these offences show up on the background check? If so, do the authorities differentiate between minor and major offences, or is it simply a no-go if there is any kind of history? And if it does affect the decision to grant residency negatively, is there any way to work around it, or does obtaining residency become impossible? As far as I know, I am not responsible for any drug/terrorist/kidnapping offences!

If any one has any information or advice, it would be most appreciated. I know I shouldn't have made mistakes in the past but, it is what it is. Many thanks.
 
They supposedly only look at the last five years, but some have had issues with that.

I'm not familiar with British background checks, but f you're curious to see what's on there you can always request a check to see if it's accurate or if you might need to seek legal counsel. With any luck, the charges won't show up. If you do have a record, then things may get a little more complicated but probably still doable.

Know that you'll probably need to go through the hassle of requesting a second background before you marry since I've heard the background check expires after 90 days.
 
I dont think cautions should pose a problem, but essentially you will need the criminal record check anyway so I would ask for it asap and see what comes back.
 
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