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Applying with a Conviction & a Warning

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Hidden4a
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Joined: Sat Jan 30, 2021 10:39 am
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Applying with a Conviction & a Warning

Post by Hidden4a » Sat Jan 30, 2021 10:55 am

Hello,
Hope you guys are doing well.

Last year I made a mistake that'll last with me for a lifetime..
Feb 2020: Received a community resolution for possession of Cannabis (shows only in enhanced DBS)
March 2020: Caught driving with- and tested positive, court ruled in October, disqualified from driving 12 months with £390 worth of fine including costs. This incident, 2nd arrest (for possession) was dropped (NFA) as the Feb. incident was still ongoing and disposed after the 2nd incident.

So I have mentioned both the Feb. incident as a warning/community-resolution and the driving disqualification as conviction, without any mention of the 2nd possession charge which was dropped/NFA.

What I want your suggestions with: is whether I should add a cover-letter or a writeup to convey my remorse etc. Since the incident I've gotten married with a total turnaround of my life, being clean for several months. I've even gotten myself a laboratory test from an accredited drug testing lab that shows zero consumption for past 6 months. (this report contains a formal witness statement, my purpose behind it was to attach it with my letter).

However, two of the solicitors I spoke to suggest I don't highlight my conviction. Yet I am of the idea they didn't pay attention to the bit where the two incidents happened back to back in a period of 20 days, and could fall under repeat offenses as they are both drug related.

Do you guys suggest I attach something as mitigation at this stage, or only under appeal should they reject me?

Background: Moving from Tier4 to Tier2 on a 37grand job, Been here 3 & half years.

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Frontier Mole
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Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Applying with a Conviction & a Warning

Post by Frontier Mole » Sat Jan 30, 2021 11:21 pm

You have to declare the conventions and regardless of your remorse and change of lifestyle the caseworker will take no heed of any letter submitted.
The decision will be based solely on the weight of your offences and the sentence attached.
The more serious crime is the driving under the influence of drugs.

Based on the sentence and disqualification it is not an absolute visa killer but I would not be surprised if there is an issue.

Hidden4a
Newly Registered
Posts: 2
Joined: Sat Jan 30, 2021 10:39 am
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Re: Applying with a Conviction & a Warning

Post by Hidden4a » Thu Feb 11, 2021 10:20 pm

Just an update, got granted a visa today with no hiccups, 3 days after the biometrics.
Thanks @Frontier Mole for your guidance. I did not attach any letter etc just mentioned everything as is in my application.

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Frontier Mole
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Posts: 4449
Joined: Tue May 06, 2008 12:03 am
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Re: Applying with a Conviction & a Warning

Post by Frontier Mole » Fri Feb 12, 2021 1:41 pm

Keeping it simple and declaring everything is usually the best policy

Well done 👍👍👍

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