UK Visa with relatively recent DUI?

Hi everyone,
I'm pretty positive this topic has been discussed multiple times but since every case is unique and UK immigration law has been changing, Im bringing it up again.
Im a college senior and planning to go to UK for grad school (1 yr taught degree). So I will be applying for Tier 4 Student visa.
I got my DUI 1.5 yrs ago, arrested in April 2015 and was plead bargain in July 15 for wet reckless driving. i got 1 day in jail (the night I was arrested) and 2 yrs on probation (will be off in July 2017). I completed all other things the court ordered, i.e. DUI school, paid fine, and haven't got into troubles since then.(not a long period haha) Im planning to start school in UK next fall.
so 320(2)(d) of UK immigration rules says: Grounds on which entry clearance or leave to enter the United Kingdom is to be refused: (2) the fact that the person seeking entry to the United Kingdom:(d) has been convicted of an offense 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.

Does that means it will be an automatic rejection if I apply for student visa? (since 5 yrs have not passed?)
Has anyone with convictions less than 5 yrs successfully applied any kind of UK visa? (I know there are a few on this forum got their visa but their record is considered spent)
Has anyone with criminal record successfully obtained a visa, in the US or in another country, without disclosing their recent criminal record? (if US and UK are not sharing criminal information?)
Any insights will be much appreciated.

My first impression is that as you spent one day in jail, that could fall under the less than 12 months imprisonment section, so unfortunately, it seems you would need to wait 5 years.  I'm not entirely certain on this though; hopefully someone more knowledgeable can advise further.

With regard to this though:

Has anyone with criminal record successfully obtained a visa, in the US or in another country, without disclosing their recent criminal record? (if US and UK are not sharing criminal information?)

We recommend to always disclose information that is relevant to the application, even if it's potentially adverse.  If it won't make a difference to the application's outcome, the disclosure won't matter and the visa will be issued.  If it will affect the application's outcome, it's best to have disclosed it from the beginning.  If you do not disclose relevant information (like a criminal record), that could be flagged as deception which could land you a 10 year ban from the UK.  Withholding relevant facts is treated the same as actively lying on an application.   

Does your record reflect "time served"?  In other words, how is the night in jail worded on your paperwork.

Has anyone with criminal record successfully obtained a visa, in the US or in another country, without disclosing their recent criminal record? (if US and UK are not sharing criminal information?)

I'm sure plenty have got a visa by deception (not been honest in their application) and it used to be common on some fourms (not UK-yankee) to tell people not to mention things.

But now those same forums are full of posts from people who have got found out and have had their present visa cancelled, served an IS96, are then detained and deported if they haven't left the UK. Appeals are heard outside the UK now and from 1 December, that incudes Human Rights appeals too. Recently the newspapers have been talking about the high numbers of students the UK has deported for deception.


Lying to get a visa isn't worth it as it has far reaching consequencies, not only for any future visa to the UK but to other countries too as they all share information. 

You have to mention everything because even if you would get a visa as that offfence is considered by the UK to be 'spent', if you didn't mention it then that is still deception and carries a 10 year ban. That is why posters on uk-yankee always recommend being honest.

If you speak to the international student advisor at the university you hope to got to, they will know what is and isn't allowed for a visa. They will be your sponsor and will know when you will be granted a visa.

Direct copy and paste from my record:
Adult Confinement
Type: County Jail
Term Type: Confinement
Term: 1 Day
Comment: JAIL_TYPE_CD=CJD;
Yeah Im confused if this is 320(1D) or 320(18a). it's no "additional jail time", and isn't for any type of jail time, there is some sort of imprisonment before going to trail? like when they book you it will always counts as one day?

Direct copy and paste from my record:
Adult Confinement
Type: County Jail
Term Type: Confinement
Term: 1 Day
Comment: JAIL_TYPE_CD=CJD;
Yeah Im confused if this is 320(1D) or 320(18a). it's no "additional jail time", and isn't for any type of jail time, there is some sort of imprisonment before going to trail? like when they book you it will always counts as one day?

I'm really sorry.  Seems very unlucky that this counted as "confinement".  If you want to come to the UK, you'll need to seek advice from a qualified attorney.  Unfortunately a good immigration attorney is not going to come cheap but it's really the only option you have.  We usually recommend Laura Devine in NYC or Medivisas (Victoria Sharkey) in London.

Nearly the exact same thing happened to a co worker of mine a couple months ago.  He got a DUI about 2 years ago, spent less than a day in jail and got probation.  I cant remember if he is locked out for 5 or 10 years but it was one of those options.  Ended up costing him his job, marriage and life basically. 

  Unfortunately a good immigration attorney is not going to come cheap but it's really the only option you have.  We usually recommend Laura Devine in NYC or Medivisas (Victoria Sharkey) in London.

Or ask the international student advisor at the uni he wants to go to? I doubt they going to risk their sponsorship licence by sponsoring someone who UKVI will refuse a visa to.

I guess the immigration law reads that one has to be "sentenced" to imprisonment to come under the "custodial sentence" bracket. Time spent in jail after getting arrested is before sentencing and this is done so by the police so as to press charges against you.

If this weren't the case wouldn't every criminal offense fall under "custodial sentence" category?

did you get the visa