Old DUI case, UK SPouse Visa

I'm so stressed as I am about to apply my spouse visa in the next week. I have a old DUI case from 2009 that I never finished paying the fines. I received a job overseas and thought I could fix it if I ever decided to move back to America. I fell in love and got married to a British citizen, and started a family overseas. I couldn't even think how I would be able to get police records. Plus I owe remaining fines. I have not been living in that state for over 6-7years.

I've read in some sections that cases are considered spent at 5-7 years or something?

Can someone give me some insight, clarity, advice how to pass this spouse application. We have all documents supporting that we are a genuine relationship, he can afford to support us and has a home.

Thanks so much.

I'm so stressed as I am about to apply my spouse visa in the next week. I have a old DUI case from 2009 that I never finished paying the fines. I received a job overseas and thought I could fix it if I ever decided to move back to America. I fell in love and got married to a British citizen, and started a family overseas. I couldn't even think how I would be able to get police records. Plus I owe remaining fines. I have not been living in that state for over 6-7years.

I've read in some sections that cases are considered spent at 5-7 years or something?

Can someone give me some insight, clarity, advice how to pass this spouse application. We have all documents supporting that we are a genuine relationship, he can afford to support us and has a home.

Thanks so much.

Where are you living now and what is your immigration status?

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I was living in Dubai, we've cancelled our residencies/visas. Now I am in England just visiting my husband and family before I exit to apply for the spouse visa from my moms in Florida.

You should be fine.

A DUI that did not involve jail time is spent after 5 years.

Also, they CANNOT refuse your application because of the DUI unless it happened in the last 12 months.


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You should be fine.

A DUI that did not involve jail time is spent after 5 years.

Also, they CANNOT refuse your application because of the DUI unless it happened in the last 12 months.


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i believe it is 5 years after the conviction is considered "spent", which can be anywhere from the date of conviction to upto 2 years after the conviction depending on the wording of a non-custodial sentence.

also, make sure you were not sent to collections or given a bench warrant for failure to pay.  you can usually have your records check at the court or local police station.

tho, for non-custodial sentences the wait is 2 years after spent.  that's what category mine fell under, as i was given a suspended sentence.  i don't know if DUI is a special circumstance, but i haven't found anything about it in my reading.

here is where i found the information:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673998/GGFR-Section-1-v29.0-EXT.PDF

tho, for non-custodial sentences the wait is 2 years after spent.  that's what category mine fell under, as i was given a suspended sentence.  i don't know if DUI is a special circumstance, but i haven't found anything about it in my reading.

here is where i found the information:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673998/GGFR-Section-1-v29.0-EXT.PDF

For a simple DUI that only resulted in a fine, the only thing that matters is that the conviction did not happen in the last 12 months.

From that link:

Non-custodial sentences
Where a person has been convicted of or admitted an offence for which they have received a non-custodial sentence, other than out of court disposal, this is recorded on their criminal record within the preceding 12 months, paragraph 320(18A) and S-EC.25(a) in Appendix FM and V 3.5(a) of Appendix V of the Immigration Rules provide for a discretionary refusal of entry clearance or leave to enter.

However, you should note the rules state leave should ‘normally’ be refused. Therefore, this should be the starting point when considering whether to grant entry. For further information on what constitutes a custodial sentence see related link: Non-custodial sentences.

The only time that 2 years is mentioned in regards to a non-custodial sentence is in relation to applying for Indefinite Leave to Remain (ILR), which you can’t qualify for until you have lived in the UK for 5 years on settlement visas (page 32 of that link).

So:

- If you are applying for a fiancé/spousal visa or FLR(M), then only non-custodial convictions that happened in the last 12 months will affect the visa.

- But if you are applying for ILR from inside the UK, after spending 5 years on spousal visas, then at least 2 years must have passed since the conviction.

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thanks for the clarification!

mine was a disorderly conduct/obstruction charge which i got 90 day suspended sentence (so, non-custodial) in 2011.  i was freaking out over that for a while, but once i found the info i posted above, i realized that i had well past any "spent" period

I had no jail time but I did call to check and unfortunately I do have a bench warrant for unpaid fines and not appearing in court bc by that time I was moved away and haven't been back.

Its well been 7 years. My real concern was the warrant. For me to sort it out will cost me a lawyer to go in for me and probably also my remaining fine that wasnt finished being paid. Is it possible they won't stress it as I no longer live in that state?

I had no jail time but I did call to check and unfortunately I do have a bench warrant for unpaid fines and not appearing in court bc by that time I was moved away and haven't been back.

Its well been 7 years. My real concern was the warrant. For me to sort it out will cost me a lawyer to go in for me and probably also my remaining fine that wasnt finished being paid. Is it possible they won't stress it as I no longer live in that state?

It's a long way off yet but you may like to take a look at the good character requirement for citizenship. It's much more stringent than the visa requirements but it's something that you should be aware of for the future when deciding what to do.

https://www.gov.uk/government/publications/good-character-nationality-policy-guidance

Basically, this is going to bite you in the butt at some point.  Might be better to take care of it now instead of waiting for it to be a BIG problem?