Question re HSMP w/ criminal conviction

[niw2]

I intend to apply for HSMP (I have 80 points under the current scheme). However, I also have a serious traffic conviction that would undoubtedly be considered a "criminal conviction" for immigration purposes.

I am aware that my conviction will be considered "spent" under the UK rehabilitation of offenders legislation once 5 years have passed. That will be six months from now. However, I have seen numerous web sites that suggest that a person is permanently ineligible for HSMP if he or she has received a criminal conviction.

I have two questions:

1. Does my conviction automatically and permanently disqualify me from obtaining HSMP?

2. If I am not automatically disqualified, can I apply for HSMP before my conviction is "spent" or do I have to wait until it is spent?

Once I have some advice to guide me, I expect that I will engage a consultant to assist me with my application.

I look forward to your advice. Thank you in advance.

[LondonBlonde]

niw2 - I don't think anyone can answer your question with certainty. Here goes.

1) Maybe - I assume the conviction is a DUI or the like. Was someone killed? Could be that you will be refused, but then again maybe no.

2) How much more time before 5 years is up? This might be a good idea to wait, however the system is changing significantly this spring, so you might want to try now even if you are likely refused. If the new points system is tougher, you may well wish you applied sooner.

Yes, contact a solicitor in the UK to help you with this

LondonBlonde

[SYH]

if you only have 6 months left before its spent, then I'd wait until it was spent

[niw2]

This issue has now been resolved. See:

http://www.immigrationboards.com/viewto ... 569#156569