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US to UK Immigration with driving while ability impaired

Resolved Question:

Hello - My companies division in the UK is looking to transfer me from the US. I believe I will need to apply under a Tier 2 visa to get to the UK via company sponsorship.


 


I have a single conviction for a DWAI (Driving While Ability Impaired) which is considered a traffic infraction in the states with a my conviction date is nearly a few months short of 4 years passed. My sentence was a $500 fine, license suspension, class - no jail time.


 


1. Do I need to disclose this infraction on my visa application?


 


2. If I do disclose, am I 100% admissible to enter and work in the UK with this offense?


 


FYI - From all my own research it appears that this is a crime punishable by a max. of 6 months jail in the UK. I understand this offense does not appear to be "spent" due to the time passed but from all the UK immigration information I have read it appears that any non-custodial sentence older than the 12 months renders you admissible and you are admissible if you don't have a criminal conviction which would have a potential sentence of 12 months or more jail time, which I don't.


 


Last question, is this logic correct? Please advise if there is something I am completely overlooking.


 


Thanks!

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

I assume that you are asking about a tier 2 to intra company transfer application. If this is the case then you will see you at question 6. 9 of the application form that you asked if you have ever been convicted of a criminal offence in any country.

You well have to disclose the offence here. Your application will be rejected if you do not.

Your application is not yet considered spent under the rehabilitation of offenders act. The united kingdomborder agency could potentially attempt to refuse on this basis, but if this is this is a single conviction then you will probably be able to mitigate it.

This means that you would have to give full details of the circumstances surrounding the offence and also your rehabilitation. In addition, I would strongly suggest that you also submit a number of character references, executed by professional persons of authority who can speak to you and confirm your good character and that the conviction was strongly out of character. If you do this than I would expect you to still be granted your visa

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Kind regards

Tim
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
Just curious, under what immigration provision would they be likely to reject on?
Expert:  Thomas replied 1 year ago.
Hi,

It would probably be on the basis that it is not conducive to the public good to admit entry to you.

Please remember to rate my answer.

Tom

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