TIER 2 Application with SPENT Criminal History.

[Leslee]

Hi Guys,

I have been offered a skilled work in the UK. The employer has already issued a CoS on my name. I successfully passed IELTS examination and now it is time to completed the TIER 2 application form.

I have noticed that in the visa application there is a section for Criminal History and unlike a tourist visa, for TIER 2 they require to mention all SPENT criminal convictions.

In December 2011 I was stopped by Cyprus Police while driving under influence of alcohol. I have not incurred any damage to anyone, but they recorded that I have exceeded the breath limit. In March 2012 I received a court order to pay 300EURO fine.

According to the Rehabilitation Act of Cyprus, such type of offense has 1 year rehabilitation period. So, starting from March 2013 I assumed that I have never had this conviction.

I have a question: should I mention this spent criminal conviction in the TIER 2 Application? I have a Clear Criminal Report from Cyprus Police, since this conviction is Spent. Cyprus is a member state of EU, so potentially they could exchange information with the UK.
And in in case I mention, will i get the refusal automatically?

p.s. That was the biggest mistake in my life ((

[Frontier Mole]

You have to mention the spent conviction regardless. Failure to do so puts you in the zone of making a false declaration with the potential of a 10 year mandatory ban for future UK visa under the deception rules.

Will it have an impact on your application, almost certainly not. The offence did not come with a custodial sentence, it is not a high harm event and when considering these things they would look at the equivalent tariff of the offence in the UK. First time Drink driving in the UK would have to be exceptional to receive a custodial sentence.

To be refused they would have to consider you as non-conducive to the public good. That is a reasonably high bar with the normal custodial sentence of a year or more to invoke it.

[Leslee]

You have to mention the spent conviction regardless. Failure to do so puts you in the zone of making a false declaration with the potential of a 10 year mandatory ban for future UK visa under the deception rules.

Thank you. I also think that Honesty is the best Policy. I hope UKVI will agree with me.

[Leslee]

Hi, Guys.
I have just received my passport with visa attached. So indeed, honesty is the best policy.
@Frontier Mole, thank you for your advice.
Cheers.