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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a doctor married to a UK citizen. We are thinking

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Hi, I am a doctor married to a UK citizen. We are thinking about returning to the UK
in the next 12 months. I was wanting to apply for permanent residency as a husband.

There is a section which asks "Do you have any criminal convictions, including traffic offences"
I was convicted in 2003 for drink driving at a random breath test with a level of 0.1. I was
fined $400 and suspended for 2 months.

Do I need to declare this? Will this be a significant obstacle for immigration?

Hi,

 

Thanks for your question.

 

You will have to disclose the conviction. The reality is that to not do so would be viewed as a form of deception and this is taken just as seriously by the UKBA, possibly more so.


If you are to apply for indefinite leave to remain on the basis of your marriage to a UK citizen then there is a requirement that the UKBA considers you are of "good character".

 

In considering this they are entitled to take previous convictions in to accountl. This offence would be spent under the rehabilitation of Offenders Act 1974. In application for naturalisation as a UK citizen the UKBA must disregard spent convictions in considering whether the applicant meets this criteria. I would expect the same crtieria to be applied here and, on this basis, would not think it fatal to your applicaiton to the extent that it will probably be approved if you meet the eligibility crtieria, if there are no other defects in your application and it is prepared cogently with appropriate supporting evidence.

 

They can still use this as one of a few examples to build a picture of a deficiency of character though, so I would pre-empt this by obtaining character references.

 

 

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Kind regards,


Tom

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