Pending DUI in USA and ILR Applicaiton

[sean combs]

I am currently living and working in the UK and have been in the UK for last 12 years, therefore eligible for an IRL application (Nigerian passport holder).

in December of 2012, I was charged with a DUI in the US (while I was out there on a 5 month company assignment), however the case continued till I am able to return back to the US for a trial (mutually agreed with the judge and my lawyer). Hence I have been charged but without a DUI conviction till date.

Section 7.5 of the ILR application asks "Have you or any dependents who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"


I have 3 questions:
1. Should I be reporting this in my application as it was in the US, ie is there a way it can be found?
2. And if I do, is this grounds for a refusal?
3. Am I better of waiting for the trial and if a conviction, waiting till it becomes spent?

Thanks for your time

[Amber]

You must answer honestly. The answer would be yes, you will be subject to the general grounds for refusal (click).

The question is could it lead to you being refused on general grounds under paragraph 322(5). I.e. a non-custodial conviction is a refusal for 24 months.