# Two Driving Under the Influence (DUI) convictions in the USA. Tier 2 General Visa...



## skalatin (Jan 19, 2017)

Hello,

Four years ago i received two DUIs in the state of California. I have paid all fines and have completed all tasks related to both convictions. I an no longer on court probation as well. My company is looking to move me to our London office later this year through a Tier 2 General or Sponsorship Visa. Will these two convictions result in a Visa denial?


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## Crawford (Jan 23, 2011)

Possibly not, but you have to declare them on the application if a question similar to the one on the VA2 form is asked:

7.6 Do you have or have you ever had any of the following, in the UK or in a different country?

• a criminal conviction
• a penalty for a driving offence, eg disqualification for speeding or no insurance
• an arrest or charge for which you are currently on, or awaiting trial
• a caution, warning, reprimand or other penalty
• a civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or
anti-social behaviour
• a civil penalty issued under UK immigration law


Pretty lucky to get away with just fines for the second DUI.


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## nyclon (Apr 3, 2011)

I'm not trying to be funny but I've never heard of drinking under the influence. Do you mean "driving under the influence"? If so I will change your title. 

I think although you have fulfilled all the requirements under US laws, your offence has to be considered spent under UK laws.


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## skalatin (Jan 19, 2017)

nyclon said:


> I'm not trying to be funny but I've never heard of drinking under the influence. Do you mean "driving under the influence"? If so I will change your title.
> 
> I think although you have fulfilled all the requirements under US laws, your offence has to be considered spent under UK laws.


Ah Yes. I tried to edit my title but doesn't seem like I can...

How can I go about checking if my two offences would be considered spent?


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## skalatin (Jan 19, 2017)

Crawford said:


> Possibly not, but you have to declare them on the application if a question similar to the one on the VA2 form is asked:
> 
> 7.6 Do you have or have you ever had any of the following, in the UK or in a different country?
> 
> ...



Yes i was very lucky. The two were very close to one another and happened in different counties. My lawyer was able to settle both offences with the court on the same day within hours of each other. They were both recorded in their respective counties as first time offences...


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## Joppa (Sep 7, 2009)

For Tier 2 General, your convictions should not lead to a refusal, as they took place more than a year ago, and it's only a discretionary refusal. This is called general ground for refusal. For settlement after 5 years, they may. 
https://www.gov.uk/government/uploa...ment_data/file/517628/ggfr_sec1_v26_0_ext.pdf Page 15ff


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## Crawford (Jan 23, 2011)

skalatin said:


> Yes i was very lucky. The two were very close to one another and happened in different counties. My lawyer was able to settle both offences with the court on the same day within hours of each other. They were both recorded in their respective counties as first time offences...



So neither you nor your lawyer admitted that you had a previous DUI conviction ..... ?

If you are still drinking and driving don't expect to get away with it in the UK - while there is still an element of drink drivers in the UK, most people who do it are considered social pariahs.


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## skalatin (Jan 19, 2017)

I'm no longer drinking and driving nor do I plan to drive much while living in London. I was fortunate enough to have a good lawyer that produced the best results. I didn't "get away" with anything. If I were to get a third conviction it would count as number three and I would definitely face jail time and lose my license for a very long time. My lawyer and I weren't obligated to inform the judge in another county that I was just convicted of a DUI an hour before. Fortunately the timing worked out that we settled both cases within an hour of each other thus I only had the consequences of a first time offense for both.


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## sectshun8 (Jun 14, 2014)

My partner had a recent DUI before applying for her Tier 2 Work Visa, disclosed it on the app, no issues. Promptly issued.


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## skyf (Mar 26, 2015)

Insurance Company's will ask and Premiums will be affected.


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## Joppa (Sep 7, 2009)

But they don't take into account convictions outside UK or EU.


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## skalatin (Jan 19, 2017)

skyf said:


> Insurance Company's will ask and Premiums will be affected.


Do you mean my personal insurance will be affected or the sponsoring company's insurance will be affected?


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## Joppa (Sep 7, 2009)

Neither, as I have said.


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## skalatin (Jan 19, 2017)

Quick update on my status and a follow up questions. I was able to get both convictions expunged. This in the state of California means that the conviction was set aside and the new status for both shows them as "dismissed". The records are not sealed though.

I will still disclose both but does this new status improve my chances of my visa being approved and does it still require the same amount of explanation and documentation as a conviction that hasnt been dismissed.

Will my expungements help when it comes down to the discretionary refusal evaluation?

Thanks!

I am very fortunate to have this opportunity and that no one was harmed during that difficult period of my life.


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