# UK Tier 2 General visa with DUI/drink driving



## Tsst (Oct 12, 2016)

Hello all,

This query has been asked several times on this forum and apologies for asking a similar one again. 

My employer is applying for a Tier 2 general visa to relocate me to their London office. I have a drink driving conviction in Singapore from June 2013 for which I received a fine and had my license disqualified for 12 months. I read the general grounds of refusal and it states that for non custodial sentences visa would be denied if the application is made within 12 months from the date of conviction.

(18A) and S-EC.2.5.(a)	Within the 12 months preceding the date of the application, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record
Para 320 (18A).

I went through similar posts on this forum and there are quite a few replies talking about spent unspent convictions. My offense will not be spent until June 2018 under the U.K laws. Could someone clarify this please?

Regards


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## Tsst (Oct 12, 2016)

Hello Joppa/Experts

Would you mind giving a brief clarification on my confusion? 

For non-immigrant visa ( work visa/visitor visa ) - Is it the 12 month period from the date of conviction which is considered for "non-custodial sentences" ?

For ILR - It seems it is 24 months since the date of conviction which is considered for "non-custodial sentences".

Is the spent requirement under the pre-Dec 2012 immigration rules?

Thank you for time in reading through my query


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## Tsst (Oct 12, 2016)

As an update, I received my passport today with the VISA approved. Furnishing a brief background on my profile so as to add to the data bank of this forum

Working in an European Investment Bank in Singapore in Banking Technology.
Nationality : Indian
VISA category : Tier 2 ( General ) Restricted CoS

Date Of Application(Biometrics) - 18th Nov 2016 at VFS Singapore
Date of receiving processed Visa Application - 24th Nov 2016
( Application processing time was 3 working days - PRIORITY )

DUI background - 3.5 yr old one. Blew 39 ( legal limit 35 ) and received a fine of SGD 1500 and 12 months license disqualification. No aggravating circumstances. Submitted all the official police and court documents including fine payment receipt and license surrender letter.

The law firm which assisted me in my application recommended that I dont include a cover letter as it would lead to unnecesary attraction to the offense. They included a few lines in the "Additional Information" stating that no other offense has been committed after the DUI and kindly asking ECO to disregard this offense for the purpose of this application.

Hope this helps potential applicants in similar circumstances


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