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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi I am an american and will be getting a COS (certificate

Resolved Question:

Hi I am an american and will be getting a COS (certificate of sponsorship) from a UK employer to work in England. I've worked there before 2007-2010. Afterwards I have to apply to the UK consulate in NY. I am going to disclose that I was convicted of a DUI (driving under the influenece). I have two queries

1) What are my chances of getting my work permit?
2) Should I do receive approval, will the consulate inform my UK
employer of my DUI?

Kind Regards
XXXXX XXXXX
Submitted: 3 years ago.
Category: UK Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

When did you get convicted?

Kind regards
Customer: replied 3 years ago.
June 2011
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. This should not have a major effect on your application, however the home office does look at each offence and duration, severity and whether you are a persistent offender.

The best way to improve your chances of obtaining a visa would be to disclosure of the full details of the offence and any mitigating circumstances surrounding the offence and you as a person ie first time offender, have not been convicted of the same offence since, have already remained in the uk without committing an offence or breaching your visa conditions. This should give your application the best chance of success.

2. Usually not unless it will have an effect in the performance of your duty as an employee. What you must remember is that both the home office and the employer do work closely and if an applicant is refused due to you being convicted of an offence, the employer may seek an explanation for the refusal from either you or the home office.

From my experience if you have been convicted of an offence, this would not in normal circumstances be disclosed to the employer.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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