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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been in the UK for almost 5 years on an ancestry visa.

Resolved Question:

I have been in the UK for almost 5 years on an ancestry visa. I got convicted recently of driving whilst intoxicated. No person or property was damaged. As a result, I cannot lodge an application for indefinate leave to remain. Rather, I have to apply to extend my ancestry visa.

Will the extension application be refused due to the DWI conviction?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


The UKBA are permitted to take "Good Character" in to account when decided all application now, it's not just for ILR/Naturalisation applications. They can refuse if they consider a person not to be of good character, so (in theory) yes they could refuse.


It is at the discretion of the UKBA whether to refuse on the basis of the conviction. You have to disclose the conviction otherwise you would be deceiving the UKBA which would be more serious than the conviction itself. You have to then mitigate the disclosure by stating how you have rehabilitated yourself since the conviction.

Possible mitigation:-

  • - If you have no further convictions
  • - If this was a first offence in the UK or elsewhere
  • - If you have been on an Alcohol awareness course
  • - Any other reasons why you ended up drink driving.
  • - Persons of authority providing character references
  • - Details of how over the limit threshold you were (if only slightly over)
  • - That you have stopped drinking
  • - A statement from you admitting your acknowledgment of the seriousness of the offence, your regret and affirmation of commitment in future to behaving in a responsible fashion


It is worth applying but by doing so you must acknowledge that the application is more complicated and has a higher possible chance of refusal because of the conviction. If you adequately mitigate then you should be okay (assuming there are no other defects with your application


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Kind regards,


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