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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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I am a US citizen trying to transfer to my companys UK office.

Resolved Question:

I am a US citizen trying to transfer to my company's UK office. I have been with my company for over 6 years. I had a 2008 DUI conviction. Am I still eligible for a UK visa with that type of criminal background?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What sentence did you receive please?

Ton
Customer: replied 1 year ago.
Community service, a fine and 3 years probation.

It was an unfortunate incident. I do have a number of character witnesses who will write letters. I have been volunteering for a youth camp, ages 10-12, for a week in the summer for the last 16 years. I take vacation from work to do it.
Expert:  Thomas replied 1 year ago.
Hi

I will answer at 9am(an hours time)

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Whilst it is a complication to your application, it is not a complication that necessarily means that you will be rejected but you will have to prepare the application in the right way and ensure that you have the correct supporting documentation.

This is because the offence was more than 5 years ago which means that it would be considered “spent” under the Rehabilitation of Offenders act and it does not also fall foul under Immigration Rule 320(18):-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

Therefore you will not be rejected under 320(19).

However, there is also a “catch-all” rejection ground if to admit you would “not be conducive to the public good”. For this reason you should disclose the offences and mitigate it. You can mitigate it by advising of any circumstances which gave rise to the offence, full details with supporting evidence of yoru rehabilitation and also character statements from pesrons of authority who know you and can speak to your rehabilitation and good character.

If you do this I would still be reasonably confident that you will be approved.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6657
Experience: BA (Hons), PgDip, Practising Solicitor
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