Immigrationboards.com

I posted this in another post but thought it will get lost in the shuffle so I'm reposting.

I plan to apply for ILR this November. I have a pretty straight forward application - have been on Tier 1 (General) for 5 years. No issue with points, time spent in the UK, etc. The only issue I have is a ciminal record, but all of which have been spent for several years now.

This is very embarassing and shameful to admit, but I have 3 DWI (drink driving) convictions while I was in high school and college in the USA. Yes I was young and dumb, but there's no excuse I know. The last of which was fully disposed of in July 2007 and the penalty was fines, probation and a 60 day suspended sentence (i.e. no time in jail as long as I completed some courses). So my understanding of the ROO Act is these have been spent for 2 years after my 60-day sentance, so Sep 2009.

Since then I have had no run-ins with the law whatsoever, graduated from graduate school in London, rarely drink, got married (to American citizen whose now British as well), have held a good job in the City for 6 years now, and have my first child on the way this month.

So these convictions are obviously a huge black-eye on my record, but they're all spent and I've been free of any sort of criminal issue for the past 8.5 years. But I'm still concerned the UKBA will look at the absolute number and deny me per the "Good Character" requirement.

I have thought about getting a solicitor to help me with the application to maximize my chances. But they are charging me £1,500, plus the cost of the premium appointment.

I'd really like to hear anyone's thoughts on this. My wife and future baby depend on my job/income to support them so if this ILR doesn't work my family is in a very tight spot.

Thanks in advance

So my questions are:

1. Has anyone heard of other people with a simliar background being denied?

2. Do you think getting a solicitor is worth it in my case?

Would really appreciate anyone's opinion in this matter. Thanks in advance.

No, solicitor required. Declare the convictions but they shouldn't be a general grounds for refusal.

Thanks so much Amber. So just to be clear, are you saying I "no" to question one and "solicitor required" to question 2? Or "no solicitor required" meaning you don't think I need a solicitor.

Really appreciate this

he meant" NO" to both questions.....u wuld be fine

Thanks for clarifying Riz

Spent convictions are spent convictions, there are clear guidelines on approving criminal activities in the immigration laws.
In this case i think you will be fine.

After all you are a spouse of a british citizen, if your wife works and you / she meets the criteria then you can always switch to under her dependent visa and apply ILR through that route.

It does not matter whether the offence is considered spent or not for the purpose of immigration and nationality applications.

Thanks for the update.

Follow up: is it fair to say the criminality threshold for ILR is "lower" and less subjective than citizenship? I.e. it seems like the decision for ILR is more based on the guidelines in "part 9" of the immigration rules, which are a bit more stringent than the ROO Act guidelines defining "spent" buffers. So is it fair to say that as long as you comply with the guidelines (below) there is little scope for the agent to deny the application. Would you guys agree?

Part 9 Guidelines:
1C) where the person is seeking indefinite leave to enter or remain:
(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

Indeed, the 1974 Act is irrelevant.

All, I just wanted to follow up with this post. My ILR was successful last week in Croydon. I simply wrote a detailed cover letter which listed the relevant details of the offences (dates, sentences, etc.) as well as all the mitigating circumstances. Apparently that was more the enough as the case worker didn't even mention it and my case was approved in 90 minutes.