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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6437
Experience:  BA (Hons), PgDip, Practising Solicitor
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I would like to apply for the UK student visa to do my master

Resolved Question:

I would like to apply for the UK student visa to do my master over there, i have graduated from USA but not from there and I got 2 DWI in 2008 and 2009. Can they already know about it without me telling about it? Should I tell them about it? Do they ask about documents for the cases?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

WHat nationality are you?

Tom
Customer: replied 2 years ago.

I am asking for a friend and he asked me to help him what to do with it. I prefer not to give any information if you can still help and give me a best suggestions. He did quit alcohol since his last DWI which is three years ago and said never thought to go back to it again.

Expert:  Thomas replied 2 years ago.
Hi,

OK.

What sentences/fines did they receive as a result of the conviction?

Tom
Customer: replied 2 years ago.

For the first one just a fine .


For the second one a fine + 2 years of probation + 90 days in jail but got a defendant sentenced to be a 15 days of home detention.

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

The danger with having these convictions is that the UKBA could reject the application on the basis that it would not be conducive to the public goods to give you leave to remain in the UK.

With one conviction I would say that you would probably be fine. Having two of the same type is much more problematic. If you do apply you will have to disclose the offences and attempt to mitigate. This means that you would have to submit a sworn stating explaining any mitigation behind the offences, full details of your rehabilitation following conviction and evidence of your goods behaviour since them.

You would also have to obtain a number of character references (as many as you can) from persons of authority confirming your good character, improvement in behaviour and generally corroborating what you say in your statement on it. The types of people giving these should be doctors, teachers, lawyers, religious minsters and other people of authority.

If you do this then you have a chance of being successful. If you do not then you will certainly be rejected.

Ideally you would instruct a uK based solicitor to prepare your application and mitigation of the offences.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 2 years ago.

what the law says about visa applicants who have two DWI? In addition postgraduate applicants which itself should tell a serios situation i think. Do you know people who got rejected or approved for the visa like this situation? Also, the what should be said if the reference from a psychologist who been working with him for a while and help improving behaviors.

Expert:  Thomas replied 2 years ago.
Hi,

The law says that it's a matter for the discretion of the caseworker who shall consider whether or not the offences mean that it would not be conducive to the public good of the UK to approve your visa.

I have seen applicants get approvals for having one minor offences. I have not personally acted for anyone who has had two offences, but colleague of mine have said that it is possible to get approval. However, each case is very different because the facts of each case are rarely the same.

Your character references must speak about their personal experience with you and emphasise if the are aware of your good character, honesty, improvig behaviour and successful rehabilitation. Lawyers cannot tell character reference what they should write because they should write it in their own word based upon their personal experience with you.

Please rate my answer. You have now yet.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6437
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,


Should we submit the documents including the court summaries and the behavior references in the beginning before they request them or should we wait until they ask about them. We are considering the time by the way because not much left for school to begin.

Expert:  Thomas replied 2 years ago.
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