[sherson]

About two and a half years ago my fiance received a 3 month ban and a fine after being caught Drink driving and we are worried that it will effect his visa. He has sent off for a police report so we know where we stand although, we are aware that it will be an unspent offence and will have to be declared. He was just over the limit (no excuse) - we will obviously expand the information on his visa to explain what happened and that it was out of character etc..... do you think this will mess up his chances of being granted a visa?

Any help/advice appreciated

 

[mme]

It shouldn't as long as the case is closed and all fines paid. I had a dui 9 years ago, and I know in filling out the Spouse application, I did state it, along with the case number. I haven't submitted it yet, so I don't know if I will need to send any supporting documents regarding it.

 

[sherson]

It shouldn't as long as the case is closed and all fines paid. I had a dui 9 years ago, and I know in filling out the Spouse application, I did state it, along with the case number. I haven't submitted it yet, so I don't know if I will need to send any supporting documents regarding it.

Thanks for the quick response it has just got us a bit worried but we will explain in the further information area and submit the police report - hopefully this will be ok! Getting nervous as we are almost ready to submit everything!

 

[Joppa]

Thanks for the quick response it has just got us a bit worried but we will explain in the further information area and submit the police report - hopefully this will be ok! Getting nervous as we are almost ready to submit everything!

Unspent drink-drive conviction is one of those offences that can make you ineligible for settlement or British citizenship (under 'good character' requirement). While it isn't a requirement for spouse or fiancé(e) visa, it can be a negative factor. So give as much details as you can, including your defence submission (if any) and mitigating circumstances, and hope for the best.

 

[sherson]

Unspent drink-drive conviction is one of those offences that can make you ineligible for settlement or British citizenship (under 'good character' requirement). While it isn't a requirement for spouse or fiancé(e) visa, it can be a negative factor. So give as much details as you can, including your defence submission (if any) and mitigating circumstances, and hope for the best.

This is what has us worried, he has obtained a collection of good character references from previous employees and one from when he volunteered for the fire brigade - how would he go about getting his defence submission mitigating circumstances that you mention? will that be in his police report?

 

[Joppa]

This is what has us worried, he has obtained a collection of good character references from previous employees and one from when he volunteered for the fire brigade - how would he go about getting his defence submission mitigating circumstances that you mention? will that be in his police report?

Possibly, but I don't know how the US(?) judiciary works. If he was represented by a lawyer, perhaps he may have a record of what was presented to the court in his defence, or it may be in the court record. If he can't find it or he was unrepresented, send in 'good character' reference from someone who knows him well but not a relative. In his own submission to the UKBA (attach a letter to his application together with police report etc in his supporting documents, labelled 'DUI conviction'), he should first of all accept he was in the wrong and take full responsibility for it, he deeply regrets it, he doesn't have drink problem, he has learnt a bitter lesson and it will never happen again. As you know, drink-driving is no longer socially acceptable in UK and offenders are severely punished, so the more he shows his awareness of the gravity of the offence, the better.

 

[sherson]

Possibly, but I don't know how the US(?) judiciary works. If he was represented by a lawyer, perhaps he may have a record of what was presented to the court in his defence, or it may be in the court record. If he can't find it or he was unrepresented, send in 'good character' reference from someone who knows him well but not a relative. In his own submission to the UKBA (attach a letter to his application together with police report etc in his supporting documents, labelled 'DUI conviction'), he should first of all accept he was in the wrong and take full responsibility for it, he deeply regrets it, he doesn't have drink problem, he has learnt a bitter lesson and it will never happen again. As you know, drink-driving is no longer socially acceptable in UK and offenders are severely punished, so the more he shows his awareness of the gravity of the offence, the better.

Hi Joppa
Thanks for the reply, my fiance currently lives in Australia and he represented himself at the time. He has a good selection of 'good character' references from people that work in the community (employers, teachers etc). We will just have to be honest and submit all the info with a letter of apology as you suggested and hope for the best. The 'limbo' period is so nerve wracking and stressfull. we are well prepared just waiting on his police report which can take up to 15 day before we submit. He was hoping for a May arrival if the visa is granted but I suppose it all depends on the processing timescales.

Thanks again - you're advice has been very helpful

 

[sherson]

Possibly, but I don't know how the US(?) judiciary works. If he was represented by a lawyer, perhaps he may have a record of what was presented to the court in his defence, or it may be in the court record. If he can't find it or he was unrepresented, send in 'good character' reference from someone who knows him well but not a relative. In his own submission to the UKBA (attach a letter to his application together with police report etc in his supporting documents, labelled 'DUI conviction'), he should first of all accept he was in the wrong and take full responsibility for it, he deeply regrets it, he doesn't have drink problem, he has learnt a bitter lesson and it will never happen again. As you know, drink-driving is no longer socially acceptable in UK and offenders are severely punished, so the more he shows his awareness of the gravity of the offence, the better.

Hi Joppa, just a wee update - my fiance received his police check today and this is what it says:

Standard Disclosure
All Recorded Unspent Offences Released
Name Check Only

This is to certify that there are no disclosable court outcomes recorded against the name of xxxxx xxxxxxx born on xxx xxxxx xxxx

In the records of the Australian Federal Police and the police in all Australian states and Territories as at 22 February 2012

This document is not issued as form of identification



Whats your take on this Joppa?
Does this mean that we do not have to disclose the DUI charge? or are we best to mention it anyway?

Thanks again

 

[Joppa]

Hi Joppa, just a wee update - my fiance received his police check today and this is what it says:

Standard Disclosure
All Recorded Unspent Offences Released
Name Check Only

This is to certify that there are no disclosable court outcomes recorded against the name of xxxxx xxxxxxx born on xxx xxxxx xxxx

In the records of the Australian Federal Police and the police in all Australian states and Territories as at 22 February 2012

This document is not issued as form of identification



Whats your take on this Joppa?
Does this mean that we do not have to disclose the DUI charge? or are we best to mention it anyway?

I don't know. I'm not familiar with Australian regulations. Normally you would disclose offence as serious as drink-driving, and two and a half years ago is still quite recent, so I'd suggest you disclose it with a covering letter.
Better to be seen as honest than trying to hide!

 

[AmyD]

A DUI lawyer will have NOTHING AT ALL to do with this since it is already litigated.

Disclose the DUI and explain it in your covering letter, emphasizing that you've matured and it will never happen again.

 

[Probbo]

Hello sherson,

I have followed your thread and I know it's been some time now but so thrilled to learn that the visa was granted. Could you kindly let me know if you guys ended up disclosing the DUI and if so what supporting documentation did you supply for it?

Congrats again.

 

[tangotango]

It is a sham there is no update on THis. Not sure where it states they got their visa. Probbo how did you get on? Did you disclose and if so what was the outcome and what supporting documents did you submit.

My fiancee is in a similar position where in 2011 she had a 6 month ban and a fine but no points were taken off her licience and a recent police check on any crimial confictions she has on record retured none, She is from australia but comitted the offence in New Zealand. We dont know what to do. Lawyers have given us mixed advise.

 

[AmyD]

Just to be clear: you **MUST** disclose. It is not an option. If you don't and get caught, you could get a ten year ban. Just disclose it and give details.

You can't escape the consequences of your actions but you can show maturity by showing that you accept those consequences.

 

[tangotango]

Yeah you are right.

So can they decline the visa for the drink drive conviction alone?

Also if we did get the finance visa are we then garenteed a Marrigae visa assuming our circumstances stay the same?

Also how does settlement work. Could we end up married but no garentees she gets settlement because of the conviction

 

[nyclon]

No, getting a fiancé visa doesn't guarantee that you'll be approved for FLR(M). You have to apply and meet all the requirements.

 

[tangotango]

So if she doesn't get flr(m) can she remain in uk as long as we are together but not have full citizenship?

 

[Kimi2490]

No, if she doesn't get flr(m) then she must leave the UK inspite of being your wife. I am sure one of the moderators will let you know if I am wrong in saying this.

 

[spbos]

No, if she doesn't get flr(m) then she must leave the UK inspite of being your wife. I am sure one of the moderators will let you know if I am wrong in saying this.

Yes, that is correct. FLR(M) is leave to remain and without that a spouse can't continue to live in the UK.

 

[tangotango]

So we could get married and after 5 years she has to leave the uk? Is there not a human rights issue??

 

[Kimi2490]

Well it is unlikely to happen , however I think in your case you are worrying about the impact of the DUI right? Well truth be told, in our case, we meet all requirements, but my biggest recurring nightmare always is that what if 5 years down the line by some stroke of ill fate, we both lose our jobs? Because if this terrible but not entirely unlikely thing were to happen, we would no longer meet the financial requirement and yes, in spite of being married to him and having lived with him for 5 years in the UK, I would very much have to pack my bags and go back to my home country, with the option of him joining me :/

It's how the cookie crumbles! We just have to meet all three requirements of - 1. genuine relationship 2. Appropriate accommodation and 3. Financial requrements each time till I get my indefinite leave to remain and or British citizenship , down the line.... scary eh? Every time he has a run off the mill disagreement with his supervisors or colleagues at work, like in any normal work environment, TRUST me i get sweaty palms and hear palpitations and a mini panic / anxiety attack. Haha :/