DUI Conviction from about 3 Years Ago, Problem?

[yoyoyo123]

Hi,

I have a DUI conviction from about 3 years ago (2 years and 10 months) to be exact. The conviction is in the U.S.

Other than the 1 night I was detained when I was arrested, the sentence consisted of community service, fines, education classes, etc. With 5 years of informal probation.

Does this necessarily result in refusal of the Tier 5 YMS Visa?


I believe my sentence is "non-custodial". Therefore I believe this portion of Immigration Rules part 9: grounds for refusal does not apply.

"
Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
(2)(d)
has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence."

I believe the following does not apply either since the conviction was more than 12 months ago:

"(18A) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record;"



Thanks!

[The Station Agent]

It's not a mandatory refusal; that's all I can say. They have the right to refuse on a discretionary basis, but in my opinion they're unlikely to do so in this case.

Usually a discretionary refusal would be on the basis of repeated offences or criminal associations. You don't fall into a mandatory refusal category or the DUI.