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Topic: UK Business Visa with an unspent DUI conviction  (Read 1795 times)

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UK Business Visa with an unspent DUI conviction
« on: December 01, 2015, 10:18:42 PM »
Dear all,

I am an Indian national living in the US (New York). I have a US DUI conviction from 4 years ago. It was a "simple" DUI and no one was hurt and I have completed all my fines and court imposed orders. And my 3 year probation period is over without any wrinkles. However, I understand that from UK standards, it is not "spent".

My employer in the US has a London office which I need to visit frequently. I used to have a 5 year UK business visa (which I had received before the DUI) and now that visa has expired. I need to reapply for a business visa for UK at the Embassy here in NY.

Firstly, is there anyone with a similar experience (unspent DUI and UK business visa) and have encountered any problems with the visa process? I would love to hear about it.

Secondly, can someone recommend a good lawyer (ideally in the NY area) who can help me with the application?

Any help is appreciated.

Thanks,

Indu


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Re: UK Business Visa with an unspent DUI conviction
« Reply #1 on: December 01, 2015, 10:30:54 PM »
The rules have changed recently regarding convictions and visa applications and are a bit more lenient now. As long as you didn't serve any jail time and the DUI happened more than 12 months ago, they cannot refuse your visa because of it. The conviction doesn't need to be spent, it just needs to have happened more than 12 months ago.

In answer to your second question, since your DUI shouldn't affect the application, I wouldn't have thought you'd need to use a lawyer, though you can if you would prefer. But, if you provide the DUI paperwork and explain the conviction, then as long as you meet all the other criteria, I wouldn't have thought you would have an issue with the application.

If you do want to use a lawyer, then the main one we recommend here is Laura Devine, who are immigration specialists, though I believe they are expensive to use. They are based in both NYC and London.

See here for how UKVI evaluate convictions which involve no jail time (i.e. you just paid a fine):
https://www.gov.uk/government/publications/when-can-i-refuse-on-the-grounds-of-criminality-rfl10/when-can-i-refuse-on-the-grounds-of-criminality#rfl103-when-can-i-refuse-on-the-basis-of-non-custodial-sentences


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Re: UK Business Visa with an unspent DUI conviction
« Reply #2 on: December 09, 2015, 01:02:13 AM »
Dear Ksand24,

Thank you for your response. For curiosity, I contacted Laura Devine for a quote and they are indeed quite outside my budget. I will file the application myself and make sure I provide all documentation.

Thanks again!

Indu


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Re: UK Business Visa with an unspent DUI conviction
« Reply #3 on: November 04, 2016, 06:01:53 AM »
Hi Indu,
Did you end up getting your visa?


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