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UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Does the UK do a criminal background check when you submit

Customer Question

Does the UK do a criminal background check when you submit your tier 2/work permit application that is sponsored by your employer? Or does your employer do another one for you even if you have worked for them for a long time?

Does past DUI disqualify you?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 5 years ago.
Yes, the UK always conducts a background check. Whilst your DUI will be looked at it does not automatically disqualify you. No doubt an immigration officer will want to discuss this with you.
Customer: replied 5 years ago.

I saw something about if the conviction would be punishable by more than 12 months sentence then you will be denied. What would the penalty have been in the UK?

Is there anything I can do to plead my case with immigration officer? Will this be something bad for my employer?

Expert:  UK-Justice replied 5 years ago.
Drink driving depending on the amount you were over would be fine or a community punishment. If it was some time ago you can plead that, if you have taken steps to control your alcohol mention that too.
Customer: replied 5 years ago.
Thank you. I am just very nervous as this is my dream job Ive been working towards forever. Im just worried as there were two separate offences, one almost 10 years ago and one 3 years ago, first time pulled over for not stopping fully at stop sign, second for speeding 60 in a 45. Both were deemed first offenses as the details of the case was that I may have not really been over the limit, I just did not take the breathalizer, but yes, I took the alcohol education classes/completed probation on both.

So yes, cut down on alcohol bc of this, am active in my community/volunteering, and dont plan on driving in the UK regardless and am not going to have a car/license there...should I mention that on the form?
Expert:  UK-Justice replied 5 years ago.
I understand. The speeding offences wont matter - it is the drink offences you should be concerned with. The fact you took classes will credit you.
Customer: replied 5 years ago.
Yes, those are the ones I am very concerned with. Would 2 automatically disqualify you or because they were both minor/first offense misdeameanors they would take in to account the situation if I explain the situation fully? Do you know about past situations like this and what UKBA does?
Expert:  UK-Justice replied 5 years ago.
That is down to an immigration officer if he decides you pose a risk to the UK. I can not just guess for you - it is within their discretion.
Customer: replied 5 years ago.
Relist: Answer quality.
Expert:  UK-Justice replied 5 years ago.
You can not be given a definitive answer. You may not like it but it is a matter for the immigration officer. As I have said if you got a DUI it does not automatically preclude you, but clearly it does not assist your application.

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