Spouse Application - Conviction in the last 12 months

Hi,

My wife and I are currently going through the process of completing her visa application for her to hopefully move over to the UK from Texas US. However I'm slightly concerned about a non-custodial conviction she received within the last 12 months. This is only for a speeding ticket, however it seems in Texas this is classed as a criminal offence.

My understanding is that is only cause for discretionary refusal, and I'm hoping the fact that it's literally just a speeding ticket issued by the roadside and paid for online that it will be over looked. Does anyone have experience of something similar and could offer some insight?

For clarity on her full criminal record, she has several driving offences and two "failures to appear" (both relating to driving offences) that are all from 2010 and earlier. Also she has a fine for driving whilst license invoked from 2015 and another speeding ticket from 2017. We got her driving offence record yesterday and there are no endorsements on it if this helps. She's never had a jail sentence - all previous convictions were fines only - however has opted to use "jail time credit" to clear some tickets pre-2010. I'm guessing the whole history will be looked at in terms of persistent offender and/or good character.

I'd like to believe none of this would warrant a refusal but I'm keen to hear others opinions/experiences.

Thanks!

Welcome to the forum .

My wife and I are currently going through the process of completing her visa application for her to hopefully move over to the UK from Texas US. However I'm slightly concerned about a non-custodial conviction she received within the last 12 months. This is only for a speeding ticket, however it seems in Texas this is classed as a criminal offence.

My understanding is that is only cause for discretionary refusal, and I'm hoping the fact that it's literally just a speeding ticket issued by the roadside and paid for online that it will be over looked. Does anyone have experience of something similar and could offer some insight?

Are you sure it's classed as a criminal offence? It will only be considered a criminal conviction if she was arrested, taken to court, found guilty and convicted of an actual crime.

If it was just a speeding ticket that she paid without being arrested or going to court, then it shouldn't affect her application as it will not be considered a criminal conviction, though all her driving offences should be declared anyway and her driving and police records, along with paperwork from the ticket(s) should be provided... if only to show she is being honest and transparent about her past.

If it was classed as a criminal conviction (she was arrested and found guilty in court), then she should NOT attempt to apply for a visa until after 12 months have passed... because even though the guidance says a refusal is 'discretionary', it's pretty much going to be an automatic refusal.

How long has it been since she received the speeding ticket? Is she close to the end of the 12 months? If so, it may be worth waiting until the 12 months are up, just to be completely on the safe side.

Thanks for your reply!

She definitely wasn't arrested and didn't go to court. From what I understand though, in Texas, you plead guilty when you submit your payment for a speeding ticket and get a class C misdemeanor conviction without going to court.

I'm not sure if the date is close as the certified history record we received yesterday lists the offence date as Dec 18 but the conviction date March 19 (presumably this is when the ticket was paid and therefore guilt admitted.)

Hmmm, sounds a bit complicated.  I used to work for a police department and driving on a suspended license was taken rather seriously (this was in Florida, not Texas).  Are you 100% sure it wasn't considered a conviction that she pled to for the driving on a suspended license?

And I think all states take paying the ticket as "an assumption of guilt".  I wouldn't worry about the bog standard speeding tickets.

The driving whilst license was invalid  was a traffic misdemeanor which carried only a $202 fine, I'm looking at the register of actions from the court as I type. As this was non-custodial and 4 years old I'm guessing this isn't a huge concern?

The 2018 issue is definitely just a speeding ticket, and there was definitely no arrest or court appearance. However as per my previous post in Texas this still carries a criminal conviction where as in other states it may just be a civil infraction.

I have noticed in the Home Office's "general grounds for refusal" document available on the UK government website it states the following:-

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.

You'll notice the highlighted text states this may not be an issue after all? As I would assume it's classed as an out of court disposal?

*edit*

another document from the same place words it this way:-

Paragraph 320(18A) or V 3.5(a) for visitors
You must consider refusing an applicant under paragraph 320(18A) if within the 12
months before the date on which the application is decided, they have been
convicted of, or admitted to, an offence for which they received a non-custodial
sentence, or other out of court disposal that is recorded on their criminal record.
Paragraph 320(18B) or V 3.5(b-c) for visitors
You must consider refusing an applicant under paragraph 320(18B) if in the view of
the Secretary of State:
• their offending has caused serious harm
• they are a persistent offender who shows a particular disregard for the law
If you decide to refuse an applicant on either of these grounds, you must take into
account any human rights grounds and make sure that your refusal is both
proportionate and reasonable.

The two contradict each other however assuming the latter is correct it would be checked against whether the offence caused serious harm or if they are a persistent offender. I guess a speeding ticket wouldn't class as causing serious harm and 2 tickets in 9 years doesn't really class as a persistent offender...