Drug driving

Convicted Driver Insurance

Uzair

New member
So few days ago i was stopped by police , they could smell cannabis so they did roadside test which did came positive so they took me to police station for blood test and then released me under investigation. Can someone help how long will it take to get back my results. Also i am an international student and just completed my degree in undergraduate and was lookinh forward to apply for Post study work visa which is opening on 1st of july. Will this have effect on my visa when I apply it in july.
any advice would be appreciated. Thanks
 

djneilsmith98

Well-known member
it depends on where in the country you are for how long the test will take to come back. For me it was 5 and a half months. Some areas are 2 or 3 months, It's a pretty sorry state of affairs. As for the VISA - you will not have any convictions by the time you apply so you should still be able to apply without issue.
 

neebob200

Well-known member
So few days ago i was stopped by police , they could smell cannabis so they did roadside test which did came positive so they took me to police station for blood test and then released me under investigation. Can someone help how long will it take to get back my results. Also i am an international student and just completed my degree in undergraduate and was lookinh forward to apply for Post study work visa which is opening on 1st of july. Will this have effect on my visa when I apply it in july.
any advice would be appreciated. Thanks
Hiya ace,apply for your visa asap.yoy resaults will take 4 weeks op to a couple of months.your looking at 12 months ban and a fine.criminal records and a dg10 on your licence for 5 years.
 

price1367

TTC Group
So few days ago i was stopped by police , they could smell cannabis so they did roadside test which did came positive so they took me to police station for blood test and then released me under investigation. Can someone help how long will it take to get back my results. Also i am an international student and just completed my degree in undergraduate and was lookinh forward to apply for Post study work visa which is opening on 1st of july. Will this have effect on my visa when I apply it in july.
any advice would be appreciated. Thanks

Sorry, but the advice so far is wrong. The visa application does not require you just to disclose convictions. This is what it says:

When filling out a UK visa application form, you must declare whether you have received:

A driving offence, e.g. speeding or being caught behind the wheel without insurance;
A caution, warning, reprimand, or fixed penalty notice;
A court judgement, e.g. for debt;
A civil penalty (e.g. a fine for breaking UK immigration law); or
If you have been arrested or charged, even if you are still awaiting a trial.

So you will have to declare that you have been arrested for drug driving on the application.
It doesn’t mean that you will be refused, but if you do not declare it and you start your studies, when it come out you could have your visa cancelled. As a foreign student you will be paying a lot for the course so my advice is only do the course if you have been honest and your via is confirmed.
 

djneilsmith98

Well-known member
Sorry, but the advice so far is wrong. The visa application does not require you just to disclose convictions. This is what it says:

When filling out a UK visa application form, you must declare whether you have received:

A driving offence, e.g. speeding or being caught behind the wheel without insurance;
A caution, warning, reprimand, or fixed penalty notice;
A court judgement, e.g. for debt;
A civil penalty (e.g. a fine for breaking UK immigration law); or
If you have been arrested or charged, even if you are still awaiting a trial.

So you will have to declare that you have been arrested for drug driving on the application.
It doesn’t mean that you will be refused, but if you do not declare it and you start your studies, when it come out you could have your visa cancelled. As a foreign student you will be paying a lot for the course so my advice is only do the course if you have been honest and your via is confirmed.
Until his blood test comes back positive he’s not awaiting a trial.
the guidance actually says “Have you been arrested *and* charged with any offence and are awaiting, or currently on, trial?” Not “or” as you have somehow quoted.
 

price1367

TTC Group
Until his blood test comes back positive he’s not awaiting a trial.
the guidance actually says “Have you been arrested *and* charged with any offence and are awaiting, or currently on, trial?” Not “or” as you have somehow quoted.
My quote is not one I have made up, it is taken from one of the leading visa and immigration lawyers......

Before I comment further, can Uzair tell us what the course subject is that he is studying?
 

Uzair

New member
My quote is not one I have made up, it is taken from one of the leading visa and immigration lawyers......

Before I comment further, can Uzair tell us what the course subject is that he is studying?
Yes mate it was information communication technology and I already have done the course. Its a visa UK is opening for international students in july which i will be applying.
 

price1367

TTC Group
Yes mate it was information communication technology and I already have done the course. Its a visa UK is opening for international students in july which i will be applying.
Thanks, and one more question, you say you want to get a “post study work visa, do you mean a work visa, or a student visa to do a postgraduate degree? So a tier 2 or a tier 4 visa?
 

Uzair

New member
Thanks, and one more question, you say you want to get a “post study work visa, do you mean a work visa, or a student visa to do a postgraduate degree? So a tier 2 or a tier 4 visa?
Yes basically its similar to tier 2 “ post study work” is the name of the visa. Currently i am on tier 4 for undergraduate expiring in october.
 

djneilsmith98

Well-known member
My quote is not one I have made up, it is taken from one of the leading visa and immigration lawyers......

Before I comment further, can Uzair tell us what the course subject is that he is studying?
This is the actual visa application form and not a page from a solicitors:

and also the guidance notes (see 6.10)

note that is asks "Have you been arrested and charged with any offence and are awaiting, or currently on, trial?
he can honestly answer NO to that currently
For some reason the source you used misquotes this and states the question with an "or" rather than an "and" which make a big difference:
"If you have been arrested or charged, even if you are still awaiting a trial"
Until he is charged and awaiting trial (which could be 6 months away or not at all) he is ok to apply without mentioning it
 

price1367

TTC Group
I am aware of what the form says, I have helped people before with staying in the UK.
What the solicitor was alluding to is this section in the application form:

6.14 Have you engaged in any other activities that might indicate that you may not be considered a person of good character?

The fact that he is under suspicion of drug driving (and therefore taking drugs) could come under that category. There is also the possibility that when police checks are done for the visa, it will throw up the arrest on the database. (They do not just report convictions) and non disclosure could be held against him.
There is also the issue that even if he gets a visa, he should report any changes in his circumstances, which the conviction (if it happens) would be. The authorities would then be aware that he was under investigation when he applied for the visa and this would count against him.
“ Report all other changes
Fill in the change of circumstances form to report any other changes of circumstances including:

your contact details
your legal representative’s details
dependent family members’ details
if you separate from your partner
if you get a criminal conviction
if any of your children stop living with you”

From the .gov website:


My main concern was that the poster committed himself to large payments for a university course that he may not be able to finish, so if he is seeking work that does not apply, but even so he should seek legal advice before completing the application form in his circumstances.
 

djneilsmith98

Well-known member
I am aware of what the form says, I have helped people before with staying in the UK.
What the solicitor was alluding to is this section in the application form:

6.14 Have you engaged in any other activities that might indicate that you may not be considered a person of good character?

The fact that he is under suspicion of drug driving (and therefore taking drugs) could come under that category. There is also the possibility that when police checks are done for the visa, it will throw up the arrest on the database. (They do not just report convictions) and non disclosure could be held against him.
There is also the issue that even if he gets a visa, he should report any changes in his circumstances, which the conviction (if it happens) would be. The authorities would then be aware that he was under investigation when he applied for the visa and this would count against him.
“ Report all other changes
Fill in the change of circumstances form to report any other changes of circumstances including:

your contact details
your legal representative’s details
dependent family members’ details
if you separate from your partner
if you get a criminal conviction
if any of your children stop living with you”

From the .gov website:


My main concern was that the poster committed himself to large payments for a university course that he may not be able to finish, so if he is seeking work that does not apply, but even so he should seek legal advice before completing the application form in his circumstances.
There is some debate as to whether he should declare his situation under 6.14 but he is able to honestly say no to the earlier questions in section 6 contrary to your original information which suggested otherwise. The solicitor’s info you originally quoted is incorrect for substituting the word “and” for “or”
He should take proper legal advice in my opinion.
 

price1367

TTC Group
The part from the lawyer was not a quote of the application form as such, it just summarised the situation overall, but we are in agreement: “he needs to take proper legal advice!” !!
 
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