Entry clearance - criminal conviction - rehabilitation query

I am a 25 year old professional from New Zealand who intends to apply to live and work in the UK under the HSMP programme. I am concerned, however, about the effect of my one and only criminal conviction, which I received nearly four and a half years ago, in July 2004. I would appreciate some guidance as to how this is likely to affect my application for entry clearance.

The conviction is "drinking and driving causing injury" under s61 of the New Zealand Land Transport Act 1998. This can be a very serious offence. In NZ, it carries a maximum penalty of 5 years in prison. Fortunately, the circumstances of my offending were relatively minor and I was sentenced only to a fine (paid), community work (completed), and disqualification (ended mid 2004).

I have two questions:

1. My understanding is that I will be deemed "rehabilitated" once five years have passed since the date of my conviction. This will be July 2008. I will then be elible to apply for entry clearance. Before then, I understand that my application will be declined. Is this correct?

2. If in July 2008 I can show that I have no further convictions, that the circumstances of my offending were relatively minor for such an offence, and that I am of good character, will my conviction for drinking and driving causing injury significantly impede my application for entry clearance?

Obviously I am now very concerned that one act of foolishness some years ago might now have prevented me from joining my friends and work colleagues in the UK.

Thank you very much for your assistance and guidance.

>>If in July 2008 I can show that I have no further convictions, that the circumstances of my offending were relatively minor for such an offence, and that I am of good character

Once the conviction is spent.... it is spent. Why would you need to explain circumstances surrounding it?

Once the conviction is spent.... it is spent. Why would you need to explain circumstances surrounding it?

Thank you for your response to my second question. My concern is that not all countries "ignore" convictions once the specified period has passed. In some countries, such as Canada, they remain a very relevant consideration when you apply for permission to enter the country and you must apply to be deemed "rehabilitated" before you will be allowed into the country. Do the UK immigration staff completely disregard a conviction after the specified period (in my case, five years) has passed?

If the conviction is spent then they have to disregard it.

Victoria

niw2 wrote:I received nearly four and a half years ago, in July 2004.

1. My understanding is that I will be deemed "rehabilitated" once five years have passed since the date of my conviction. This will be July 2008.

Check your math...

What I mean is: July 2004 + 5 years = July 2009 ?

Check your math... What I mean is: July 2004 + 5 years = July 2009 ?

A typing error on my part -- conviction was entered in July 2003. Five years following that date will be July 2008. Thanks for pointing this out.


Victoria -- thank you for your advice, that answers my question. Much appreciated