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E2 Visa with a speeding Conviction?

 
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broonie30



Joined: 20 Dec 2008
Location: Along from the phone shop & coffee shop

PostPosted: Tue Dec 23, 2008 4:00 am    Post subject: E2 Visa with a speeding Conviction? Reply with quote

Hi everybody,

I know that the topic of E2 visa regulations has been discussed to death & I have read with interest different takes & experiences on the subject.

However, I have never came across anybody yet who has got an E2 visa with a criminal conviction. I have a conviction for speeding, actual court conviction & not a ticket as the case was heard in court. Does anyone have any similar experiences or know of anyone who has been granted/refused a visa for minor convictions? I'm from the UK if that makes any difference.

Thanks in advance for any replies on this.
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bewolff



Joined: 07 Jan 2007

PostPosted: Tue Dec 23, 2008 4:44 am    Post subject: Speeding is not a Criminal Conviction Reply with quote

Speeding is a violation of a traffic law, not a criminal conviction. Whether you receive the ticket, or go to court about it, it is still just a traffic conviction.

I know someone who has gotten numerous tickets, and has gone to court about one but this does not change the status as being a traffic violation. This person has an E-2 Visa. I don't know if traffic violations even appear on the criminal background check. You can have one done for yourself and see what it says before hand. Most likely it won't be in there.

You didn't ask, but in the interest of completeness, a DUI, is a criminal violation and WILL appear on a criminal background check. I don't know whether this would impact and E-2 application.
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broonie30



Joined: 20 Dec 2008
Location: Along from the phone shop & coffee shop

PostPosted: Tue Dec 23, 2008 5:33 am    Post subject: It is a conviction that shows on Basic Disclosure Reply with quote

Thanks for your reply.

I have got a basic disclosure, I ordered it just to see if it would show and yes it is there under "criminal convictions".

I was travelling 11 miles above the speed limit but in a van, which actually meant I broke the speed limit by 21 mph which I wasn't aware of at the time. Because of the "excessive speed" I was not even offered a fixed penalty & points on my licence and received a summons for court. If the case is dealt with at court and you are found guilty, it is a criminal conviction, in the UK anyway.

So if anyone knows of anybody who has been granted/refused an E2 visa with a minor conviction on their record I would be most interested to hear.
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[email protected]



Joined: 22 Dec 2008
Location: U.K

PostPosted: Tue Dec 23, 2008 6:12 am    Post subject: DUI conviction Reply with quote

hey,
yeah there is a lot of talk about the E2 visa, but does anyone realy know whats going on with it? my partner has an old driving ban for being over the limit, will this effect him obtaining an E2 visa?
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broonie30



Joined: 20 Dec 2008
Location: Along from the phone shop & coffee shop

PostPosted: Tue Dec 23, 2008 8:02 am    Post subject: Re: DUI conviction Reply with quote

[email protected] wrote:
hey,
yeah there is a lot of talk about the E2 visa, but does anyone realy know whats going on with it? my partner has an old driving ban for being over the limit, will this effect him obtaining an E2 visa?


This depends on how long ago it happened. For each criminal conviction there is a rehabilitation period, prob 5 years in your partners case. When this period is up his conviction is treated as "spent". If this is the case, he can apply for a basic disclosure which only shows "unspent" convictions and will have no problem getting a visa as his record will be clean.

Anyone know of anyone granted or refused a visa when they have minor (ie speeding) criminal convictions on their record?
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[email protected]



Joined: 22 Dec 2008
Location: U.K

PostPosted: Tue Dec 23, 2008 11:39 am    Post subject: minor offences on a CRB check, effecting the E2 visa Reply with quote

hmmm...it was two years ago, he has his license back now...surely they are only interested in criminal back grounds to ensure children's safety? ie to protect against potential paedophiles etc...
it hasn`t effected him working with kids in canada?! but i suppose it implies a less than squeaky clean image in the eyes of a korean embassy?!
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Kimchieluver



Joined: 02 Mar 2005

PostPosted: Tue Dec 23, 2008 5:54 pm    Post subject: Re: minor offences on a CRB check, effecting the E2 visa Reply with quote

[email protected] wrote:
hmmm...it was two years ago, he has his license back now...surely they are only interested in criminal back grounds to ensure children's safety? ie to protect against potential paedophiles etc...
it hasn`t effected him working with kids in canada?! but i suppose it implies a less than squeaky clean image in the eyes of a korean embassy?!


I don't want to preach, but this is how many employers in Canada and probably Korea see it. The fact that he has a DUI on his record means that he got "caught" once and probably did it a few to several times before he got "caught". The bigger problem is that it shows either a dependency on alcohol or a lack of responsibility when it comes to alcohol. So as a potential employer, immigration etc one would think that he "may" cause a problem down the line.

Now don't get me wrong, I have never not hired a person because of a DUI conviction, but I can see where some others do.
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