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Discussion Starter · #1 ·
Hello All,

I was hoping to pick your brains in regards to obtaining a tier 2 work visa to come live in the UK. I have been dating my girlfriend (a UK citizen) for a year and a half and we have decided it's time for me to come to the UK so we can live together, hopefully long term. My company is based in the UK and I will be trying for an intra company transfer from our USA HQ in NYC to the worldwide HQ in Reading. I've recently come to the realization that my criminal history may seriously jeopardize my potential move. I have three previous criminal charges as follows:

Assault & Disturbing the Peace- Misdemeanor 2004
Public Fighting & Disturbing the Peace- Misdemeanor 2007
DWI Arrest 5/31/2013 resulting in DWAI Citation 11/9/2014

The first two resulted from bar fights when I was younger (24 and 27 respectively) They were truthfully "wrong place, wrong time" situations. They both resulted in Misdemeanors, essentially slaps on the wrist. The last happened two years ago on Memorial Day. I was stopped at a roadside checkpoint and charged with a Driving While Intoxicated. I fought this in court for a long while and eventually had the charge lowered to a DWAI (driving while ability impaired) which in New York is not considered a crime but merely a citation. All three charges are fairly low level misdemeanors and no jail time was ever served. However, I realized that charges like "assault" and "DWI" can raise serious concerns with immigration.

These are all unfortunate events which I greatly regret. Will they prevent me from obtaining a Tier 2 work transfer Visa? Also, my employer is unaware of everything. Will they learn of my criminal history during the sponsorship process?

Lastly, shall I eventually marry my girlfriend, would this jeopardize a spousal visa as well? I'm sorry for the long post, but any feedback would be greatly appreciated!
 

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You have to declare criminal convictions, no matter how long ago. Then it's up to UKVI to determine what to do with you. All you can do is to disclose, take full responsibility for your actions, express remorse, and that you now wish to move on and you will not reoffend. Whether this is enough for you to be granted a visa is impossible to say. Home Office is putting a lot of emphasis lately on suitability criteria - whether you are the sport of person they want to see admitted into UK on a long-term basis.
 

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Discussion Starter · #3 ·
Thanks Joppa,

Extremely grateful for your response. A quick follow up after looking into this further today....

The first Assualt and disturbing the peace charges ended up being dismissed. Since there was an arrest (but no charges) do these need to be declared? Also, would time spent apply to the public fighting charge? This is a low level class 3 misdemeanor. I plead guilty by mail and never appeared in court, however, it's still technically a conviction?

Lastly, what role would my Employers sponsorship play? I assume they will be notified as to reasons for a denial?

Thank you for your time, I realize you are very busy!
 

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You should declare everything.
I don't know but they will be told you have been refused. It's up to you to tell them why if they ask.
 
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