Honestly, I'm sure we did go overboard with the documentation - but I'd rather overshare and know there's nothing I've overlooked than possibly have to appeal a decision or go through another application process because there's something missing.
The thing is, the more unnecessary paperwork you provide, the harder you make the job of the employees at UKVI and the longer it takes to process your visa, because they have to dig through all the extra stuff to get to the documents they actually need to see to make a decision.
If you send just the required documents, the ECO can take a look at them, tick them off and grant the visa without having to also read through all the stuff that won't even make a difference to the decision.
On this forum, I have seen hundreds, if not thousands of people applying for visas over the last 8.5 years and a number of them have had criminal convictions. I don't think anyone has provided character statements, and I don't remember anyone having their character called into question.
To make sure there was no possibility of anyone accusing me of "deception" or delaying my application because of a lack of supporting documents, I declared it all, and have not only a clear conscience, but peace of mind.
As you should do - you must declare any and all convictions and provide the court paperwork.
My understanding is that "suitability" is an issue that ECOs have discretion over. To me, there are way too many "technicalities" that can and do prevent people from getting approval and I did not want to have any ambiguity. So, maybe I sent in too much, or more than was required - what's truly appropriate to send in is vague, so I am all about covering all bases.
Suitability and character is only something that will be considered if the information you give on your application leads them to believe you are a cause for concern, in which case they will consider refusing under either paragraph V 3.3 of Appendix V (visitor visas) or paragraph 320(19) (other visa types). Chances are your lawyer is familiar with people who do fall under this category and has dealt with character-related situations, because that's why the applicants have turned to a lawyer in the first place - but that doesn't mean that your situation also falls into that category too.
With just one conviction for drink driving, they are extremely unlikely to even consider looking at your character, because it's not likely to be considered a serious enough situation to question it.
As it says on the
UKVI website:
While a person does not necessarily need to have been convicted of a criminal offence, the key to establishing refusal in this category will be the existence of reliable evidence necessary to support the decision that the person’s behaviour calls into question their character and/or conduct and/or associations such that it makes it undesirable to grant them entry clearance.
They will check what you've written on your application with your court documents and police record, and they will also carry out security checks on you, to make sure that you are telling the truth. As you only have one conviction which was more than 12 months ago, they will decide you can't be refused under paragraph V 3.5(a) of
Appendix V based on the conviction:
V 3.5 An application will normally be refused if:
(a) within the period of 12 months before the application is decided, the applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or out of court disposal that is recorded on their criminal record (except for an application for an extension of stay as a visitor)
Then they would only start looking at character and suitability if they determined that the nature of your criminal record or your associations were cause for concern, and would refuse under paragraph V 3.3 of Appendix V in the following situation:
V 3.3 An application will be refused if the decision maker believes that exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant's conduct (including convictions which do not fall within paragraph V 3.4), character, associations, or other reasons, make it undesirable to grant their application.
(paragraph V 3.4 deals with convictions resulting in prison sentences)
When it comes to making a decision, they have to have reliable information, such as court documents and reliable open-source information. I would very much doubt that a letter from a friend would be considered reliable open-source information:
Standard of proof
If you decide to refuse an applicant under paragraph 320(19), you must be able to show that your decision was based on sufficiently reliable information. You must consider each case on its individual merits. If you decide to refuse an applicant, you must have strong evidence to support your decision. Allegations, unsubstantiated and vague generalisations are not sufficient. However, intelligence given by UK law enforcement agencies or relevant and reliable open-source information may give sufficient grounds for your refusal.
(
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/424235/GGFR_Sec2v22.pdf)
Letters of support regarding the "genuine and subsisting" nature of my relationship are definitely taken into consideration, so we included letters from friends that are part of my life as sober people, too. Who knows whether they used them to make a decision. To me, it was beside the point. I just wanted to make sure everything was extra covered 
There is no requirement to provide proof of a genuine relationship for a Marriage Visitor Visa. All you need to provide is a letter of support from your UK sponsor and the following:
Visitor (Marriage/Civil Partnership)
If you have been married or in a civil partnership before, you must provide documents to show that you are free to marry or form a civil partnership.
Evidence that arrangements have been/are being made to marry or form a civil partnership or give notice of your intention to this during your visit, such as a letter from a registry office.
(
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423699/2015_04_20_Visitor_Supporting_Documents_Guide_-_Final__2__-_CLEAN.pdf)
For the spousal visa, you will need to provide proof of a genuine and subsisting relationship, but in that situation, UKVI are not allowed to consider character statements from anyone except your UK sponsor
So, letters from friends and family will not even be looked at and will just be put aside in favour of the letter from your UK sponsor:
Evidence of your relationship to your sponsor and any contact between you
This could be a letter from your sponsor confirming your relationship and that they are supporting your application along with copies of:
- birth certificate or adoption certificate
- marriage certificate or civil partnership certificate
- death or divorce certificate
- photographs of your wedding, civil partnership ceremony or other time spent together
- phone records
- emails, letters or cards
* You should not submit DVDs or video cassettes*
(
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdf)
I'm glad to hear that UKBA can't refuse people based on past convictions alone from another source, Ksand24. I hope they also don't discriminate based on "character" - but I played it super safe just in case.
As mentioned above, character only comes into question in much more serious circumstances, such as when you might be a threat to society or national security. I doubt a single DUI 5 years ago (which is already or is nearly spent) would even raise any red flags when it comes to character.
As someone who has a DUI herself and has also been granted 3 US visas since it happened with no issues at all , even though the US is MUCH tougher on convictions and DUIs than the UK is, I am aware a simple DUI isn't enough to cause a massive issue. I didn't use any lawyers for my applications - I looked into it and decided it wasn't necessary as I determined that there was no way they could refuse my visa based on that one DUI unless they could prove I was an alcoholic and a danger to society (which I am definitely not).
All I had to provide was my court documents and police certificate, and then they made me do a blood test (at a cost of over £200) to prove I was not an alcoholic. The blood test is only required in the first 3 years after a single conviction, so I only needed blood tests for the first 2 visas and I won't have to do another in the future unless I get another conviction (which I have no intention of doing).
