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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11858
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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If someone has a conviction for drink/driving, will it affect

Resolved Question:

If someone has a conviction for drink/driving, will it affect their ability to get a visa to work in Australia? I am thinking of going travelling so the visa will only be required for a few months probably.

Also, I believe that the United States will stop you from entering the country if you have a drink driving conviction. Is this true? If so, for how long after the conviction will this apply?

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  chatham-chamber replied 3 years ago.

chatham-chamber :

Hi, it is possible the Australian and US authorities will not look at a drink driving conviction favourably.

chatham-chamber :

However, it would be difficult to say because from my experience, the relevant immigration departments deal with applications ona case by case basis

chatham-chamber :

It is possible that it may prevent you from obtaining work visas, but you will not know until you apply.

chatham-chamber :

Hi, it is possible the Australian and US authorities will not look at a drink driving conviction favourably.

chatham-chamber :

However, it would be difficult to say because from my experience, the relevant immigration departments deal with applications ona case by case basis

chatham-chamber :

It is possible that it may prevent you from obtaining work visas, but you will not know until you apply.

chatham-chamber :

I hope this answers your question. If so, kindly rate the answer and provide feedback.

chatham-chamber :

Many thanks,

chatham-chamber :

If you wish to discuss, please feel free to ask further questions.

Customer:

There was no collision and no-one was injured. And it was a first offence. Is this likely to help?

Customer:

Thank you.

chatham-chamber :

Hi, I am sure it will. You will need to explain the circumstances behind the conviction when you make you application for a visa.

chatham-chamber :

I hope this answers your question. If so, kindly rate the answer and provide feedback.

chatham-chamber :

Many thanks,

Customer:

When you say 'explain the circumstances', there was no excuse - it was a stupid thing to do and cannot be justified in any way. It is actually my daughter who is facing the conviction. She had been out with friends, walked home because she didn't feel well and decided to drive a mile into the village to buy some food which she thought might make her feel better. Pathetic I know! But to explain the circumstances . . .

Customer:

Would you suggest just saying that she thought she was ok?

chatham-chamber :

Not at all. What I am saying is when she makes an application for a Visa, she ill need to provide details of the conviction. There would also be a section on the form which would allow her to provide additional information. She should explain the circumstances surrounding the conviction at the time she makes the application.

chatham-chamber :

It would then be a matter for the relevant immigration authoroties to make a decision.

chatham-chamber :

I hope this answers your question. If so, kindly rate the answer and provide feedback.

chatham-chamber :

Manythanks,

Customer:

I understand - but would you consider that there is a sensible way of explaining the circumstances, when the truth is she was just plain stupid and should have known better! What wording could one possibly use I wonder?

chatham-chamber :

Hi, I would suggest she explains that it was naive and she understands that it was wrong to do what she did. Other than this there is not much else she can say.

chatham-chamber :

Australia in particular will look at her application on an individual basis and a conviction does not necessarily mean that you will not get a visa.

chatham-chamber :

The worstthing she can do is to not declare it. If she fails to declare the conviction and they subsequently find out, this will cause even more problems.

chatham-chamber :

I hope this answers your question. If so, kindly rate the answer and provide feedback.

Customer:

Agreed. Many thanks. Very helpful. Can I just ask one more question? If she were to want to take a holiday in the States (no visa required), will she be refused entry?

Customer:

How would they know? Do convictions get flagged up when they scan the passport?

chatham-chamber :

No she should not be refused entry as the UK has a Visa Waiver programme with the US and she should be granted a visa on arrival.

chatham-chamber :

It is when she attempts to work that she will have to apply for a visa.

Customer:

Thank you.

chatham-chamber :

However, if she is asked the question by an immigration officer, whether she has any convictions, she needs to answer truthfully.

chatham-chamber :

Its a pleasure.

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