Criminal Conviction?

So, I noticed these two questions on the Tier 1 application and wanted to know how it would affect me if I said yes...

Do you have any criminal convictions in any country (including traffic offences)?

Have you ever been charged in any country with a criminal offence for which you have not yet been tried in the court (including traffic offences)?

I am looking into my record, but when I was in college, I got caught drinking underage (18) and got a "Minor in Possession of Alcohol." I paid the fee, took the course, and was told I was on 6 months prohobation and it would "come off my record." I am looking into this, but if I have to answer yes to these questions will my application be denied?

So annoying. Thanks guys for all of your help and support!

-L

Unlikely...  I have a criminal record that is far more recent then that and I didn't have a problem.  I had 2 years probation and no prison time, I have been in the UK for two years now and had to answer yes to that question twice and will be doing it a third time in a couple of days.  Though I am on a family visa, and they tend to be a bit easier, a 6 month probation for something that would have been legal in the UK at the time does not lend itself to you being a "criminal" that would be barred from the UK.

How long ago was the date of your conviction.  There is some wiggle room in that you may not have to report it under the Rehabilition of Offender's Act, though foreign convictions aren't specifically addressed in the Act.  It is a bit of a gray area.

The second question's answer should be "no" because you were charged and tried, but the first should be "yes".

I had a convction last year and it was a federal traffic violation and ended being on probabtion for a year....was still technically on the last month of probation when I applied and nobody even mentioned it so...All done with it now and have a visa safely in my hands...if your honest I don't think it should matter much.  And it's not a felony soo....just my opinion though. 

It was back in 2001 - it was like 6 months probation, a fine, and a 5 hour dangers of drinking class.

I am paranoid about the whole thing! I just want everything to go smoothly!

You do need to mention it but you certainly don't need to worry, it will have no effect ont he application.

Vicky

Whew! Thanks, Vicky and team!

Honestly, what would I do without you (oh... get my visa rejected).

It was back in 2001 - it was like 6 months probation, a fine, and a 5 hour dangers of drinking class.

I am paranoid about the whole thing! I just want everything to go smoothly!

In UK terms you have "spent" your conviction as per the Act: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1974/cukpga_19740053_en_1.  Like I said again foreign convictions are a gray area.  If it had been in the UK you would be well within your rights to not disclose this conviction.  The best thing to do is disclose this but be assured in your mind that UKBA should essentially "ignore" it because it does not fall into the 2 years in prison category (which they would likely deny your visa for) nor does it show you are someone of bad character and you would have not have had to declare it if it had occured in the UK.

Make you feel a bit more comfortable?

So much more comfortable!!!

Thank you!

I thought I would throw this question in as well...

If I have a few traffic violations (strictly speeding...5-10 miles over limit), but they were out of the state in which I hold my license (meaning it didn't add points to my license or get put on my record in that state) -- do I still mention these? Even if I don't remember the dates of the offenses?

I honestly didn't keep track and I don't want to not include the information if it's needed in terms of being honest...but I also don't know the best way to list them. (I paid the fine on each and every one and wasn't required in court for any of them)

Yeah, I wondered about that. I got a ticket (directly in front of my own house, which I really thought ought to be King's X!) for having an expired inspection sticker. Are they looking for violations down to that level?

I don't think they actually check your criminal record.  Maybe randomly?

I don't think they actually check your criminal record.  Maybe randomly?

Never something to assume, nor should if they do or do not change your answer to those questions!  They do run you against the UK centralised database.  In today's computer age, you never know when they are going to start.  Also, if you ommit something that you should have, it could and would easily make problem for you in the future.  They don't ask the question "have you ever been a terrorist" hoping people tick those boxes and that is how they keep out terrorists.  The whole purpose of it is to give them grounds to deny you entry or kick you out of the country in the future.  As someone recently found out in this forum, doing something wrong like overstaying your visa might not have had a bad effect, but lying about it on a official document gets you into a whole lot of trouble.

There are situations where this could come to light to immigration.  The CRB has recently started mandating people obtaining criminal background checks from their home countries when they go through one in the UK and that information provided become part of your official UK record.

Finally heard back from the County Clerk on my records. Turns out that my MIP is on my record - but she said that it wasn't a conviction (so I will say no to question 1), but it was dismissed. I do need to mention it for question 2, but I will state that it was dismissed 6 months later.

Thanks again for all of your help!

Yeah, I wondered about that. I got a ticket (directly in front of my own house, which I really thought ought to be King's X!) for having an expired inspection sticker. Are they looking for violations down to that level?

If I have a few traffic violations (strictly speeding...5-10 miles over limit), but they were out of the state in which I hold my license (meaning it didn't add points to my license or get put on my record in that state) -- do I still mention these? Even if I don't remember the dates of the offenses?

When i applied for my fiancee visa i wasn't to sure about this either since i had a ticket when under 18, so what i ended up doing is calling my insurance company and asking them to see if anything is on my record. Hope that might help clear up the traffic violations question.