Criminal Law Can my US GF move to the UK when on probation?

[pip43]

My American girlfriend has a marriage settlement visa approved to come live with me in the UK. It expires in early July and due to work commitments etc...she will likely come over and we'll marry at the last minute.
However a month back she was arrested at an airport over an unemployment claim situation dating back to 2006. It is most likely that she will get a fine and maybe probation. How will probabation affect her wanting to emigrate to the UK?
If she can't come over and satisfy the visa requirements, it will be harder to re-apply for another if she has a record.

Would it be to her advantage to mention her visa to her defending lawyers or the court if it goes there?
Many thanks.

 

[harigupta]

It is 100% dependent on the terms of her probabtion. More than likely the terms will state that she will not be allowed to leave the country. However, I do think it would be advisable to inform the court and her defence lawyer of the situation as with an adequate bond, they may allow her to temporarily exit the country. Remember that she does not have a criminal record until convicted - this is imperative to remember re: the visa. However, remember that all visas (including spousal) can be retracted and a visa is not a guarantee of entry especially in the case where she may fail a character test.