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-   -   Spousal Visa with DUI Appeal ongoing (https://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/460522-spousal-visa-dui-appeal-ongoing.html)

RMRosie 11th June 2014 02:30 PM

Spousal Visa with DUI Appeal ongoing
Hi all,

My husband and I are in the process of applying for an Ancestry Visa (me) and a spousal dependent Visa for the UK.
My husband was charged for drinking and driving 4 years ago.

He was then found guilty and told to pay a R10 000 fine and have his license suspended for 6 months. He will also have a criminal record.

He appealed it and yesterday we were told the appeal was thrown out and the verdict stands, the fine was just reduced to R4 000.

He wants to appeal again as his lawyer says that he will have a chance with the high court of appeal.

Now my concern is, how will this affect our Visa application?
Can he leave the country (South Africa) if he has an ongoing appeal?
Or would it be better to accept the verdict, but have a criminal record?

Please, any advice would be greatly welcomed!!!

Joppa 11th June 2014 02:37 PM

Conviction or not, it will not disqualify him from getting ancestry visa. If the conviction is within 12 months of applying for settlement (after being in UK for 5 years), that will probably make him ineligible. He will still have to declare his conviction.

It's up to him whether to go for appeal or not. But since his future is hopefully in UK, he can just move on. His lawyer will know whether he is allowed to leave SA with appeal pending.

RMRosie 11th June 2014 02:39 PM

Thank you so much for your quick answer!!
That is exactly what I was looking for!! :)

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