Drink Driving Conviction - application submitted 1 month ago

[Anon94]

Dear All,
My partner submitted his ILR application (Long residence 10 year route) 1 month ago (by ourselves, did not use a lawyer) using the standard 6 month service. Prior to this he was on a spouse visa held for 2.5 years, and before that on various work/student visas.

He now has been charged by the police for drink driving, driving without insurance/license - and is due to go to court on the 30th July.

If anybody can help with some of my queries I'd be very grateful!

1. When should we declare this conviction? The form online asks for sentencing etc, which makes it seem as though we should wait until his court date to declare it so that we know exactly what fine/ban is imposed. Or is it better to declare that he has been charged now?

2. From what I have read online, I am assuming his application will be refused (applicant should wait 24 months for non-custodial sentence) and he will eligible in 2 years. I am unclear on the exact process of when this happens, and how to deal with it. Will we be given an opportunity to re-apply for spouse visa and will that likely be approved given his conviction?

3. Should I get an immigration lawyer for this as it is getting a bit complicated now.

Thank you in advance for your help!

[zimba]

1. You do not need to declare anything as the application is already been lodged. Being charged for an offence is not the same as being convicted in court. The application will be held by UKVI until a court verdict is given.

2. Non-custodial sentences do NOT lead to mandatory refusal. Refusal is discretionary and other factors apply. However, driving without insurance while drunk shows a total disregard for the rule of law and is evidence of poor character. UKVI may decide to refuse the ILR application

See: viewtopic.php?t=348254#p2168182

3. Not sure what would be the benefit. ILR is not an entitlement and UKVI has power to refuse ILR if they see fit

[Anon94]

Thank you for your help. The court date is tomorrow, so I will know then for sure.

After that point I plan on declaring it using the form provided.
Is there any merit in sending a cover letter explaining and trying to mitigate this - as you say it is discretionary?

[Anon94]

Another question that I'm quite worried about is, if ILR gets refused, will I definitely be granted a spouse visa.
I have a wife and daughter (1 yo) who are both British citizens.
Is there any risk of visa refusal altogether, resulting in me having to leave the UK?

[lolo2]

The offence occurred after the application was submitted, UKVI will take a decision with the evidence already accompanying the application, no need to send any letters now. UKVI will request more information/documents if they consider convenient.

At this stage you only can wait for the decision. The discretion mentioned here is referred to UKVI not the applicant. If the application is refused UKVI will give options on what to do, it's not they will order the applicant to leave the country.

[zimba]

Discretion is up to the UKVI. ILR is not an entitlement. Family members of British citizens can expect to be offered leave under the family route (10-year route) if their ILR fails

[Anon94]

Hi all,

Thank you everyone for your assistance so far. I am a little bit confused.
I know that I need to declare the conviction to the Home Office by sending a letter - as this is in my favour rather than them finding out anyway from the PNC, and then it looks like I have not declared it to them since being convicted in court.

However, as I am sending a letter to them anyway declaring the conviction, can I not accompany this letter with examples of my otherwise good character e.g. significant contributions to the community etc, to help tilt their discretion towards granting me ILR despite the conviction? (I realise the possibility of this is very likely slim due to how recent the conviction is, as well as the nature of it i.e. it is not just a speeding offence etc)

I have spoken with a few lawyers who are charging me roughly £900-1000 to make representations on my behalf to help with potential approval of my ILR, as the decision is discretionary. I am not sure if this is silly and I can just do it myself.

From what everyone has said, it sounds like there is no point in sending any mitigation, and it is upto them to decide on the application. However, there have been no documents sent through to them regarding this conviction as it occurred after submission - surely it can only help to send documents that help to assert my good character generally, to aid in potential approval for ILR as it is a discretionary point, rather than mandatory refusal.

Appreciate everyone's assistance. Thank you!

[zimba]

You do NOT need to do anything. As this happened after the application submission, there is nothing to declare now. UKVI will make a decision when the court verdict is known.

[Anon94]

A court verdict has been given yesterday - 14 month driving ban + fine.
I am pretty sure this needs to be declared as a change in circumstances surely?!

[zimba]

A court verdict has been given yesterday - 14 month driving ban + fine.
I am pretty sure this needs to be declared as a change in circumstances surely?!

https://www.gov.uk/government/publicati ... s-form-mcc

[Anon94]

Hi All,

Just an update on what's happened incase anyone else is in a similar position and finds this post.

I applied for ILR 3rd week of June under standard (non-priority) service
I got a drink driving criminal conviction end of July for which I am undertaking a 1.5 year ban and paid a fine in court.
I declared this to the Home Office within a week of being convicted via e-mail with a detailed letter and mitigation after instructing an immigration lawyer to help draft the letter (don't know that this was necessary but it was not very expensive so I went for it)

I was granted ILR this week (End-August).

I am not sure if the ILR was already granted before the conviction came up on their records - this seems like the most likely scenario to me.

I am also not sure if ILR can now be revoked if they receive/read my e-mail in the weeks to come.. but I think it is more difficult to revoke ILR if I'm not mistaken?

Any insight would be greatly appreciated.

[zimba]

I already explained this above. UKVI decided to grant ILR as there is no requirement for mandatory refusal. Stop being paranoid

1. You do not need to declare anything as the application is already been lodged. Being charged for an offence is not the same as being convicted in court. The application will be held by UKVI until a court verdict is given.

2. Non-custodial sentences do NOT lead to mandatory refusal. Refusal is discretionary and other factors apply. However, driving without insurance while drunk shows a total disregard for the rule of law and is evidence of poor character. UKVI may decide to refuse the ILR application

See: viewtopic.php?t=348254#p2168182

3. Not sure what would be the benefit. ILR is not an entitlement and UKVI has power to refuse ILR if they see fit

[Anon94]

Thanks for your insight Zimba!