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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If a person had a conditional sentence applied to them in Jan

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If a person had a conditional sentence applied to them in Jan 2004, where they were not sent to prison, but instead served two years less a day in the community (working as normal etc but under a curfew, required to return to the house when not working, and only a few hours to do errands on the weekends), does that count as "imprisonment" for the purposes of considering whether the conviction is spent in the UK, or does it count as a "community order" or "community sentence"? There was no electronic monitoring involved; it was pretty much an honor system. One is considered spent after 10 years, the other after 5 years. Which applies to this case?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What was the offence committed?

Kind regards
Customer: replied 2 years ago.

I was convicted of dangerous driving causing bodily harm and dangerous driving causing death due to missing a stop sign on a small country road that I was unfamiliar with that led to my car being struck. I had all extended family members in my car, and it was a momentary distraction that caused me to miss the stop sign and have the car accident. The driver of the other car also died from not wearing a seatbelt when his vehicle hit my car. The courts, seeing the extremely distressing circumstances of my extended family being killed, sentenced me to not go to prison, but to serve a conditional sentence while residing at my home and still being allowed to work etc.

Expert:  Thomas replied 2 years ago.
Hi,

You have posted this to UK Immigration Law - is this about applying for ILR or naturalisation?


Tom
Customer: replied 2 years ago.
FAO Tom only, this is for a short visit of two weeks to attend meetings.
Expert:  Thomas replied 2 years ago.
Hi,

The conviction occured in the UK. You are now wishing to know whether the conviction will affect your ability to get a visitor's visa to come to the UK for a visit.

Is this correct?

Tom
Customer: replied 2 years ago.

The conviction occurred in Canada, but I would like to visit the UK.

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If you are applying for a visa to visit the UK then the UKBA has a general ground to refuse the application if they consider that it would not be conducive to the public good to grant you entry.

Usually in the case of convictions this means that you should not have any unspent convictions.

The situation is less clear about the length of time in order for foreign offences to be spent. This is because they have to look at the offence and decide what conviction and sentence would have been in the UK having regard to the UK criminal policy on the matter.

If the convictions were to be served “concurrently” then the rehabilitation period would be the longer one applicable for either offences.

If the convictions were to be served “consecutively” then the rehabilitation period would be each period of both offences added together.

There are a wide range of sentences for death by danagerous driving from 2 years disqualification to 14 years imprisonment. Dangerous driving is from 12 months disqualification to 2 years imprisonment.

There are obviously some mitigating factors in your case so you would have to argue that the offence should be interpreted in line with these. If accepted and also accepted that the offences would be served “concurrently” then I would exepct them to interpret the rehabilitation period as being 5 years if not custodial service was imposed.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Experience: BA (Hons), PgDip, Practising Solicitor
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