EEA (FM) with criminal conviction

[knightarmour]

Hello, everyone!

I am nervous about disclosing my conviction of drink-driving last year in the States on my EEA (FM) application. I am applying in the UK with my wife who is a qualified EEA national. Given the conviction is fairly recent (1.5 yrs), can the HO refuse my application for a resident card?

I received the minimum sentence, a non-custodial conviction with enrolment into a drink-driving program of weekly classes for 3 months and 3 years of informal probation.

Should I seek a solicitor for help before applying or is it unlikely I will be deemed a serious threat to public policy or security under the new 2016 EEA regulations. I am aware that non-custodial sentences usually receive a mandatory refusal for convictions less than 2 years since sentenced but that is under the Immigration Rules, which I believe should not apply.

We are applying jointly as she can include me on her online EEA (QP) application. Any advice with regards to convictions considered spent or unspent in this process would really help.

Thank you

[NikiGio]

I am nervous about disclosing my conviction of drink-driving last year in the States on my EEA (FM) application. I am applying in the UK with my wife who is a qualified EEA national. Given the conviction is fairly recent (1.5 yrs), can the HO refuse my application for a resident card?

You must disclose it - given it's a non-custodial sentence, it's not going to affect your PR application. If it had been a custodial 12 months+ sentence or if you had multiple convictions - then you'd be at risk.

I don't think you need a solicitor - just explain in a covering letter.

I had 5 driving offences (all resolved via payment of fines) - got PR with no issues in 3 weeks and no solicitor.

If you then go on to apply for naturalisation - you may want to get an hour's consultation with a lawyer, as convictions could affect the 'good character' requirement.

But for PR - go ahead.

[knightarmour]

Thanks for your response, NikiGio. I am applying for a resident card though and drink-driving is considered a criminal offence, which is why I wanted to know if the "threat to public policy or security" could be used against me.

[knightarmour]

I am nervous about disclosing my conviction of drink-driving last year in the States on my EEA (FM) application. I am applying in the UK with my wife who is a qualified EEA national. Given the conviction is fairly recent (1.5 yrs), can the HO refuse my application for a resident card?

You must disclose it - given it's a non-custodial sentence, it's not going to affect your PR application. If it had been a custodial 12 months+ sentence or if you had multiple convictions - then you'd be at risk.

I don't think you need a solicitor - just explain in a covering letter.

I had 5 driving offences (all resolved via payment of fines) - got PR with no issues in 3 weeks and no solicitor.

If you then go on to apply for naturalisation - you may want to get an hour's consultation with a lawyer, as convictions could affect the 'good character' requirement.

But for PR - go ahead.

Hi, NikiGio, did you submit any documentation along with your application or did they request any docs for your driving offences? I am not sure if I should submit the docs now or wait for them to request it. Is there any chance they will not request proof of my drink-driving conviction with an EEA (QP) application?

[NikiGio]

I wasn't asked to submit any documents - just list the offences and relative details: type of offence, date, punishment (fine or whatever).

[knightarmour]

I wasn't asked to submit any documents - just list the offences and relative details: type of offence, date, punishment (fine or whatever).

Thanks for your reply, were your driving offences in the UK though? Any of them criminal convictions? I think that might make the difference with mine given drink-driving is a criminal offence.

[IJOS]

Does the question, have you been involved in any driving incidents etc not refer to the UK. I never thought they were concerned with happenings outside the UK. Do they consult the US embassy for every single applicant? I wouldnt have thought so an dif they do, do they know if drink driving is a criminal offence as opposed to just a fine. Is drink drivign in the UK a conviction or just a fine and points thing? That's what you should consider.

[NikiGio]

were your driving offences in the UK though? Any of them criminal convictions? I think that might make the difference with mine given drink-driving is a criminal offence.

Yes, in UK.
No, no criminal convictions.
The form asks to declare all convictions in the UK and in other countries - so just declare and give details on your convictions in the form, whether criminal or not and whether in the UK or abroad.
As far as I know, you don't need to send any evidence.

[knightarmour]

Got it! Thanks Nikigio