USC w/DUI & Driving after Suspension Applying for UK Fiance` Visa

Hello All!

I have been looking through the forum, which has been quite helpful, but I still have some questions.


Here is the situation:

-I am a USC applying for a UK fiance visa (my fiance is from Scotland.) 
-I was convicted of a DUI in New Hampshire in 2008.
-I was arrested for Driving After Suspension or Revocation in February of 2010, but due to the court date being REPEATEDLY pushed back, I am not schedule for court until November 23rd.

Will my criminal record cause my fiance visa application to be denied?

Should we wait and apply AFTER my court date?


We have been getting everything ready for the visa application, and have been VERY detailed with our documentation.  If convicted of the Driving After Suspension, I will have a fine and 7 days in jail and my license will be revoked(though there is still a chance it may be dismissed.)


I'm a good citizen other than these two mistakes I have made.  I have a BA in Psych from a highly regarded school, and have been accepted into the Adult Nursing Program at the University of Stirling.  Also, I am a registered Nursing Assistant, and have a job prospect already in line for when I am allowed to work after the wedding and spouse visa.


Will these things help me?

Also,  I noticed a Sponsorship form that needs to be filled out, though it used parents, and grandparents as examples of people entering the UK who would need a sponsor.  Does my fiance` need to fill this out, or will the documentation with the regular online application be sufficient?


All answers and advice will be much appreciated!!!

Thank you,

Lexx

You should wait to apply until after your court date because if you applied right now it would look like you're trying to leave the country to avoid prosecution -- which is way worse than what you're facing.

Your criminal record will have to be disclosed and you will need to provide any documentation on your convictions when you apply. Convictions (including traffic offenses) are used in processing a visa application. Basically you have to take the sentence you received for your convictions and then compare that to UK law and see what you would have received if you had been convicted of the same crimes in the UK. From there you need to look to see if your convictions are considered 'spent' under the Rehabilitation of Offenders act of 1974. If they are not 'spent' then you MUST declare them on your application. Certian convictions can never become spent.

If you are sentenced to less than 6 months in jail & a fine the earliest your conviction can be considered 'spent' is 7 years.  So for 7 years you would have to declare the conviction.

What was your sentence for the 2008 conviction, if you were imprisoned for less than 6 months it will be spent in 7 years, if you were only fined then it is spent after 5 years. So no matter what you will need to declare the convictions on your application and the ECO will need to explore them.

However, it does not automatically mean that your application would be refused as only sentences that carry a term of imprisonment for 12 months or more can be automatically refused.

You can find more information on Criminal Convictions here: http://www.ukvisas.gov.uk/en/ecg/refusals/refuseoncriminalconvictions

Refusals due to non conducive grounds (poor character) here: http://www.ukvisas.gov.uk/en/ecg/refusals/refuseonnonconducivegrounds



The sponsorship form does not need to be completed by your fiance.

I was only fined for my conviction in 2008.  There is a small chance that my current case will be dismissed, but I'm not counting on it.  I will be in jail for a week, and it looks like the comparable UK sentence would be less than 12 months.

Do you think that this will slow down the processing of my visa?  Will the require an interview?  These are both non-violent crimes and I've gone out of my way to do everything that could possibly be asked of me in terms of classes and programs.


My court date is Nov 23rd.  I figure if it gets dismissed I will apply immediately. 

If I have to go to jail for a week, I will see if I can apply (since I will know when I will be out of jail and such) immediately, that way I will have the earliest available biometrics appointment possible for when I am released.  Is this ok?


We planned on having me fly out of Boston Dec 28th, and arrive in Glasgow the 29th.  My fiance's birthday is Dec 31st and I really want to be there.


DO I have a chance on making it, or will my application take too long?

The application will be going through NY.

Because of your convictions it may mean that your application is not considered 'straightforward' and will take longer to process than normal.

UKBA advises not to book travel until AFTER you've received your visa as there is no guarantee that you'll be approved or how long it will take to process.

Edited to Add: You need to decalre your conviction from 2008 for a period of 5 years so make sure that you declare it on your application and provide the appropriate documentation regarding the conviction.

You really shouldn't do the application until you're released as then you'll know exactly how to answer the questions in the application.

I haven't booked any flights yet, and didn't plan to until I got my visa approved.  I figured I should wait until my release.

 Sigh.  This whole thing was supposed to be taken care of a long time ago, and it's really frustrating that I've had to put things off AGAIN.  I was supposed to move there this September so i could start school, but we had to put it off because of this court stuff.


Guess we will just have to apply when we can, cross our fingers, and wait.  I'll get there sooner or later, and the wedding isn't until March 25th, so we have time. 

We're just eager to be together again! We haven't seen each other since July, and planning an overseas wedding is getting stressful!! lol