Drink drive in 2007 and its impact on 5yr skilled route ILR
Posted: Fri Aug 01, 2025 12:46 am
I had an unfortunate drink driving offence during mid of 2007 : got 12 months disqualification and approx £300 fine (paid as agreed).
later in 2008 when I applied for another WP visa from home country (clearly mentioning the offence), it was rejected under Para 320. I appealed in Tribunal and that was successful. Judge did not agree to use of Para 320 in my case in 2009. As successful appeal, Jan-2010, I was grated 2 yr WP visa based on earlier rejected application (but I could not make use of visa, as that was suppose to be used for travel within 90 days of issue).
For my travel in April 2010, I have to re-apply WP visa a fresh.
This time it was rejected saying missing payslip (it was indeed), but bank statement submitted clearly stated salary transaction. Admin review was not successful, hence I made a fresh application again with all documents and this time got the visa for 2 years. I lost time in admin review and re-application so opportunity to travel also got lost, again could not use the visa.
2019- I got Tier 2 G dependent visa for 3 years and travelled this time.
2020 - I got Tier 2 main visa and travelled. Completed my 5 yr ILR qualifying duration and about to apply the same.
I have following doubts and request for your guidance and advice to avoid being trapped in any type of discretionary refusals.
Leave to remain and Indefinite leave to remain – discretionary refusal ground
"snippet from another post" (viewtopic.php?t=348254#p2168182)
with some additional feedback from myside on each line to build the context and some questions
• whether the person already has permission :
<Joyjii>Yes
• whether the person is making a first-time application : (does it mean first time after offence ? every type (example: leave to enter or ILR) of application counted differently ?)
<Joyjii>My answer is NO for Entry clearance and Yes for ILR
• if the person already has permission, did they start offending soon after they arrived in the UK?
<Joyjii>I had 5 UK visa so far , DUI happened on first visa in 2007 nothing after that but not sure if my
interpretation is right about this clause, pls help?
• there is more than one instance of criminality and/or offending so that refusal is appropriate on the grounds of persistent offending, or the person should be referred for deportation consideration
<Joyjii> No
• whether the sentence is very short, such as detention at court under Section 135 of the Magistrates’ Courts Act 1980 for a single day
<Joyjii> Does not apply
• the length of time passed since the offence was committed, including whether any other entry clearance or permission has been granted since the offence
<Joyjii> 18 years , 10 years since it was spent. 4 entry clearance granted after that as mentioned above.
• the relevance of the offence to the application
<Joyjii> how home office will access the relevance in this case , my job function is not relate in anyway?
• any ties the person has to the UK
<Joyjii> My real sibling in naturalised Brit (do I need to mention this in application ? to solidify my case ?) and family (partner and children) have been living with me in UK for more than 6+ years. Children never schooled out side UK since start of their education.
<Joyjii>I am eligible for ILR now and family, a month later, does applying together with family will bring more weight to my application ? for any ties the person has to the UK clause ? or summiting my application to get my ILR a month sooner is ok ?
Other section on Criminality rules for discretionary refusal for applications made after 9am on 1 December 2020, I found on the forum.
on Discretionary refusal of entry clearance, permission to enter or permission to stay (other than for visitors or those seeking entry for less than 6 months)
Paragraph 9.4.3. of the Immigration Rules provides that entry clearance, permission to enter or permission to stay may be refused (where paragraphs 9.4.2. and 9.4.4. do not apply) where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they
have received a custodial sentence of less than 12 months
<Joijii> not applicable to my case.
(b) has been convicted of a criminal offence in the UK or overseas for which they
have received a non-custodial sentence, or received an out-of-court disposal
that is recorded on their criminal record
<Joyjii> this applies to my case , how this could impact ?
Pls advice.
best regards
Joyjii
later in 2008 when I applied for another WP visa from home country (clearly mentioning the offence), it was rejected under Para 320. I appealed in Tribunal and that was successful. Judge did not agree to use of Para 320 in my case in 2009. As successful appeal, Jan-2010, I was grated 2 yr WP visa based on earlier rejected application (but I could not make use of visa, as that was suppose to be used for travel within 90 days of issue).
For my travel in April 2010, I have to re-apply WP visa a fresh.
This time it was rejected saying missing payslip (it was indeed), but bank statement submitted clearly stated salary transaction. Admin review was not successful, hence I made a fresh application again with all documents and this time got the visa for 2 years. I lost time in admin review and re-application so opportunity to travel also got lost, again could not use the visa.
2019- I got Tier 2 G dependent visa for 3 years and travelled this time.
2020 - I got Tier 2 main visa and travelled. Completed my 5 yr ILR qualifying duration and about to apply the same.
I have following doubts and request for your guidance and advice to avoid being trapped in any type of discretionary refusals.
Leave to remain and Indefinite leave to remain – discretionary refusal ground
"snippet from another post" (viewtopic.php?t=348254#p2168182)
with some additional feedback from myside on each line to build the context and some questions
• whether the person already has permission :
<Joyjii>Yes
• whether the person is making a first-time application : (does it mean first time after offence ? every type (example: leave to enter or ILR) of application counted differently ?)
<Joyjii>My answer is NO for Entry clearance and Yes for ILR
• if the person already has permission, did they start offending soon after they arrived in the UK?
<Joyjii>I had 5 UK visa so far , DUI happened on first visa in 2007 nothing after that but not sure if my
interpretation is right about this clause, pls help?
• there is more than one instance of criminality and/or offending so that refusal is appropriate on the grounds of persistent offending, or the person should be referred for deportation consideration
<Joyjii> No
• whether the sentence is very short, such as detention at court under Section 135 of the Magistrates’ Courts Act 1980 for a single day
<Joyjii> Does not apply
• the length of time passed since the offence was committed, including whether any other entry clearance or permission has been granted since the offence
<Joyjii> 18 years , 10 years since it was spent. 4 entry clearance granted after that as mentioned above.
• the relevance of the offence to the application
<Joyjii> how home office will access the relevance in this case , my job function is not relate in anyway?
• any ties the person has to the UK
<Joyjii> My real sibling in naturalised Brit (do I need to mention this in application ? to solidify my case ?) and family (partner and children) have been living with me in UK for more than 6+ years. Children never schooled out side UK since start of their education.
<Joyjii>I am eligible for ILR now and family, a month later, does applying together with family will bring more weight to my application ? for any ties the person has to the UK clause ? or summiting my application to get my ILR a month sooner is ok ?
Other section on Criminality rules for discretionary refusal for applications made after 9am on 1 December 2020, I found on the forum.
on Discretionary refusal of entry clearance, permission to enter or permission to stay (other than for visitors or those seeking entry for less than 6 months)
Paragraph 9.4.3. of the Immigration Rules provides that entry clearance, permission to enter or permission to stay may be refused (where paragraphs 9.4.2. and 9.4.4. do not apply) where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they
have received a custodial sentence of less than 12 months
<Joijii> not applicable to my case.
(b) has been convicted of a criminal offence in the UK or overseas for which they
have received a non-custodial sentence, or received an out-of-court disposal
that is recorded on their criminal record
<Joyjii> this applies to my case , how this could impact ?
Pls advice.
best regards
Joyjii