# DUI and work visa



## midpete (Feb 7, 2014)

I'm sure this has been asked before, but can you tell me if a DUI from the USA needs to be declared on a work visa application? And would it be grounds for refusal? Thanks for your help.


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## AmyD (Jan 12, 2013)

Yes, it must be declared. No, in itself it will not prevent you from getting a visa unless you're still fulfilling punishment for it.


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## midpete (Feb 7, 2014)

thanks for replying- what would be considered still fulfiling punishment for it- he may still be on a ban as very recent?


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## _shel (Mar 2, 2014)

It needs to be spent rehabilitation-of-offenders-act/


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## Joppa (Sep 7, 2009)

DUI, like other offence, has to be declared. Whether it will prevent you from getting your work visa depends on the date of conviction:


> (18A) within the 12 months prior to the date on which the application is decided, 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.


Immigration Rule 320 (18A)

So if it was in the last 12 months, you are likely to be refused on criminality grounds. If it was more than 12 months ago, it won't be an automatic fail but relevant circumstances will be taken into account which may or may mot lead to a refusal.


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## midpete (Feb 7, 2014)

thanks. Does a DUI need to be declared if entering the country to visit from USA? and again, is it a reason for refusal of entry?


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## _shel (Mar 2, 2014)

midpete said:


> thanks. Does a DUI need to be declared if entering the country to visit from USA? and again, is it a reason for refusal of entry?


 If asked yes it needs to be declared. Same answer as already given!


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## midpete (Feb 7, 2014)

thanks- I'm just not sure what happens when a tourist enters the country- do they have a from to fill in? and will this ask about convictions? and would it really make them send him back to the USA if he had a recent DUI? Because its a bit of a risk to fly here without knowing, and he would only be visiting, not attempting to settle. thanks again


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## _shel (Mar 2, 2014)

Anyone can be stopped and questioned at the border, even British citizens who might have done something questionable abroad. 

You need to answer all questions put to you truthfully, if not asked no need to divulge it. 

It shouldnt mean you would be denied entry unless it was particularly serious or you should still be where the sentence was given to carry it out.


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## midpete (Feb 7, 2014)

ok that makes sense, thank you


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