Advice for UK ETA denial

You could ask for the case to be manually considered by a 'decision maker,' although that may very well have already happened. This process is of course very new, but from what I can see with zero legal training or knowledge there appears to be no period of time when such a conviction is considered to be spent.

Or maybe apply for a Standard 6 month Visitor Visa, for £115- https://www.gov.uk/standard-visitor

This is just my thoughts on looking through the verbiage behind the ESTA. Given the time constraints possibly the Visa may be the most expeditious method to pursue while concurrently taking legal opinion over in the US.

And, yes Ouch on the cost.

I'm just Joe Public attempting to be helpful.

You'll need to go to the closest UK consulate and apply for a visa.

Even though he's a citizen of a visa waiver country to the UK, with a criminal record, he needs a visa.

If you were able to enter the UK before this, but after his criminal conviction, then you were lucky no one asked. Otherwise he would have been put on a plane back home.

Very similar situation for any person with a criminal history applying for an ETSA for the USA. Automatic denial.

For sentences of between 12 months & 4 years if these are not more than 15 years ago it listed as a mandatory UK Visa refusal, after that it is at the discretion of the officer assessing his character overall. Get expert legal advice though.

"If an individual’s ETA application is refused, they will need to apply for a visa if they wish to seek permission come to the UK."

https://homeofficemedia.blog.gov.uk/2024/02/01/electronic-travel-authorisation-eta-scheme-factsheet-february-2024/

Yes, he will need to apply for a visa.

Amber, I'm so sorry to hear that but as others have pointed out, you can try applying for a UK Standard Visa. Here is a link that will tell you the cost and what you need to do. https://www.gov.uk/standard-visitor/apply-standard-visitor-visa The visas are for 6 months, and I am assuming (although I don't know for sure) that you could potentially travel back and forth more than once during that 6 months? Does anyone here know?

It sounds like 15 years is the cutoff for mandatory denial, so perhaps it's just something you would have to do for 3 years until 15 years have passed. I do wish you the best of luck in this process, and I hope you will keep us posted, as any updates would be helpful to those who might be in similar situations. Good luck!

ETA: One other thought: You might try posting (or scrolling through) the sub-Reddit on UK visas. There is a lot of good information in there, and it's frequented by people who have knowledge of UK visas. You do not need to be a member to review threads, but you do to post. https://www.reddit.com/r/ukvisa/

I don't have a clear answer to Mardee's thoughts about multi entry on a 6 month visa,

but there are 2 year, 5 year and 10 year multi entry long term visas for £432, £771 and £963. I can hear the sharp intake of breath at those prices, but that is an option for you to be aware of. Six month limit on each stay during those periods of time.

Thank you everyone for the advice. I’ve reached out to an immigration solicitor as well. I’m not very hopeful, but it seems the Home Office can make discretionary decisions on mandatory refusals in exceptional cases. Once again, thank you for taking the time to answer.

I think what the OP experienced is the process at work.

The ETA form asks two questions regarding criminal background:

Have you been convicted of a criminal offense in the last 12 months? and, Have you been convicted of a crime that resulted in 12 months of "custodial" punishment (jailed or paroled)? (my paraphrasing)

If the answers are "no" along with appropriate answers to other questions, the system issues an acceptance. If you answer "yes" additional questions pop up to have you answer additional details (what for, how long, dates, etc.) Those answers, a human looks at, and either rejects the ETA, or possibly approves it and issues an acceptance

The rejection is done to then prompt the person to talk to an embassy, to apply for entry. The embassy may review and clear the ETA. or you may need to do a more formal visa application, mainly so they have authorization to do some checks.

So in the case of the OP, next step is to contact the closest UK Embassy or Consulate for guidance.

next step is to contact the closest UK Embassy or Consulate for guidance.

nope, UK embassies or consulates do not provide immigration advice - they'll simply refer you to https://www.gov.uk/browse/visas-immigration/tourist-short-stay-visas

One thought just popped into my head about this inquiry. Depending on what state the burglary conviction happened, it might be useful to have available any factual findings made by the court. I say this as a former criminal defense lawyer who practiced in one state in which "burglary" was the catchall term for any unlawful entry into a building and in a state in which "burglary" very specifically meant unlawful entry of a dwelling at night. If the conviction was in a state like the first one, he wouldn't want someone thinking it was for something that is arguably more serious. Similarly, if it's drug possession only and in a small amount (or a even a fairly large amount of marijuana, given that's it's mostly legal now) that does not make him look like a "drug dealer." Obviously, he'll want to submit evidence of his "rehabilitation," and if possible, have one or both convictions expunged/vacated/whatever.

The OP's husband was imprisoned for burglary and drug possession, the UK authorities will not be interested in the type of burglary it was or what the drug was that he was in possession of. What matters is that he was imprisoned for a period of over 12 months for a criminal offence. The rules are intended to be simple and no consideration will be given to whether one state would interpret the burglary offence as something else.

Just trying to help, JC. I bow to your expertise. You obviously know all about how UK immigration works.

nope, UK embassies or consulates do not provide immigration advice - they'll simply refer you to..

Yes and No. An Embassy deals with official business between it and the country it is located in.

A consulate deals with all matters regarding helping its citizens within that country and helping others apply for visas. One of the main jobs of a consulate is to help people apply for visas to enter their country.

In this case, the OP's husband will have to contact the closest UK consulate and have them help process a visa application.

Just trying to help, JC. I bow to your expertise. You obviously know all about how UK immigration works.

I appreciate that you were however I felt that it would simply muddy the water even more. When it comes to government agencies it's generally very black and white.