791898 wrote:Does Drink driving conviction effect to Tier 1 visa application in the UK?
My friend convicted after he applied for Tier 1 visa. Then he received letter from UKBA for finger print, and he completed it. Then, he attended to court and pleaded guilty. He got 1-year ban from driving and court penalties which he paid immediately, and took drink drive rehabilitation course.
Now, his application has been delayed for 4 months?
Please share your experience and advices?
Does he have any chance to get visa?
Many thanks in advance.
He qualifies for 95 points, but he got drink drive conviction.
From 06-April-2011, applicants will need to be clear of unspent convictions when they apply.
Statement of changes to the Immigration Rules (HC 863)
Criminality requirement for settlement
FPN and PCN:
Criminality requirement for settlement wrote:
Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person's criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time. In these cases you must consider the case in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules.
Police caution:
Criminality requirement for settlement wrote:
Cautions fall into two categories: "simple cautions" and "conditional cautions". The 1974 act was changed on 19 December 2008 to cover simple cautions, reprimands and warnings (which all become spent immediately) and conditional cautions (which become spent after three months) and they should generally be disregarded for the purposes of this draft guidance. However, if an individual has an unspent conviction as a result of an unspent conditional caution, you must refuse their application.
A person who has multiple cautions, particularly over a short period of time, must be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules.
The Rehabilitation of Offenders Act 1974 - Rehabilitation periods
