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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7564
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?
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 4 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.


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

Customer: replied 4 years ago.
FAO Tom only, this is for a short visit of two weeks to attend meetings.

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?

Customer: replied 4 years ago.

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


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.

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Kind regards,

Thomas, Solicitor
Satisfied Customers: 7564
Experience: BA (Hons), PgDip, Practising Solicitor
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