Refused Visa due to past DUI & Medical

[Transborderwife 4,666]

Just now, ConOfficer said:

I'm a little confused by your narrative, but a couple of things...

 

A DUI is not grounds for refusing a visa. Particularly one that happened 8 years ago. 

 

A consular officer cannot decide someone is an alcoholic and refuse them. That's a decision made by the panel physician. Generally when the panel physician is concerned someone has an alcohol abuse disorder (which is very rare; drug abuse is much more common), they will refer them to a psychologist to make the final decision. If they are indeed Class A for alcohol abuse, the doctor will ask them to do something - attend counseling, show abstinence etc.

 

You need to email the embassy and call the panel physician's office and ask what the next step is. "Apply again in six months" doesn't make sense. He should get his visa upon obtaining a clean medical report. 

That's what confused me as well.  This is definitely what should've happened if this is indeed the issue

[Mark88 183]

8 minutes ago, ConOfficer said:

 "Apply again in six months" doesn't make sense. He should get his visa upon obtaining a clean medical report. 

I agree something is not adding up. Either the CO was not working correctly or something is missing in the OP's story.

[Lemonslice 4,834]

I will try to find the story of a member whose spouse was banned for alcoholism a while back.  This story is similar, but different member: 

 

[agripa 100]

1 hour ago, Transborderwife said:

"Apply again in six months" doesn't make sense.

Ditto. This makes no sense at all. The consular officer usually gives one of two answers -- (1) approved or (2) not approved. If it's not approved, usually a reason is provided.

[geowrian 22,337]

This is all seems very odd to me. The UK isn't a difficult country generally, and it sounds like the CO was sympathetic so I don't think they're working beyond their bounds to deny the case. There's got to be (speculation, I know) something else in the medical that points at an issue. As others noted, normally the suspicion of a dependency (including alcohol) would be referred to a psychologist to make a determination. And DUI by itself is uncommon for a denial, especially for something that long ago. And if it was that, I would have expected them to say that and not imply that a new medical could be more favorable or that reapplying would be prudent. This just isn't adding up. I don't know why (and I'm not suggesting anything is being hidden here!), but something is missing.

 

Sorry I'm not much help here, but please keep this thread updated. Best wishes.

[USC1961 251]

5 hours ago, CandyManby said:

I'm unsure. How can I find out? I've read something about gamma something or other in the blood and was wondering if they test and base on that. So that he can not drink for a year and apply again.

 

5 hours ago, CandyManby said:

From what I researched the refusal was based on that he may become a public charge due to alcohol dependancy shown at the medical.

Ohh my...it sounds like the medic found something in his blood test that indicates he does drink too much.  This is not a small detail.   Combined with a former DUI it sounds like the CO made an informed logical choice here. Telling you to apply again in 6 months is a nice way of saying you're denied.   Your husband needs to go to AA and some alcohol counseling and needs to stop drinking if he wants a chance of getting approved in the future.  

 

2 hours ago, David & Zoila said:

Something we must all remember.  Alcohol is a drug.  It is legal but it is still a drug. 

 Bingo!  Let's not downplay the dangers of alcohol here. 

 

 

[Boiler 45,462]

Sounds like something happened at the Medical.

[Thesmiths2016 117]

Its all a little bit cryptic, but it sounds like the embassy and doctor have seen a previous DUI plus the fact that he still drinks since, and put 2 and 2 together without a favourable outcome.  Unfortunately it might mean that he needs to abstain from drinking alcohol for a while and get through this process.  I would definitely suggest getting a copy of the medical report so you know what was said by the doctor to the embassy.  

There is a general blood test done at the medical which something may have shown up in, so it would be favourable for his blood tests to have a better result next time. 

PS: other "drugs" such as marijuana will get him denied a visa so make sure he knows that too.

[aless02 9]

Definitely what I was thinking with my post way back on the first page.The DUI on its own isn't the issue, that's not (generally) an offence that will result in a denial. He needs to get a copy of the medical report, as it sounds like that is where the problem lies. It still seems really unusual that Knightsbridge would do this without more investigation (a psychiatrist referral, info from his GP) and also if he tested positive for alcohol in a test, then from everything I've read is applicants ARE informed of this straight away. It's very rare for Knightsbridge to just flat-out recommend a refusal with no warnings or indicators, so maybe there was more to the medical visit than your husband has said? Does he recall EVERYTHING the Dr said to him? All seems very strange. This does seem like a case where a lawyer would be beneficial.

Edited April 22, 2017 by aless02

[jan22 3,052]

On 4/21/2017 at 6:12 PM, ConOfficer said:

I'm a little confused by your narrative, but a couple of things...

 

A DUI is not grounds for refusing a visa. Particularly one that happened 8 years ago. 

 

A consular officer cannot decide someone is an alcoholic and refuse them. That's a decision made by the panel physician. Generally when the panel physician is concerned someone has an alcohol abuse disorder (which is very rare; drug abuse is much more common), they will refer them to a psychologist to make the final decision. If they are indeed Class A for alcohol abuse, the doctor will ask them to do something - attend counseling, show abstinence etc.

 

You need to email the embassy and call the panel physician's office and ask what the next step is. "Apply again in six months" doesn't make sense. He should get his visa upon obtaining a clean medical report. 

Achtually, it does not need to be a finding of alcoholism....the standard is alcohol abuser, as you stated Iater in your post.  (Including the word alcoholic sometimes confuses people, as they are not alcoholics by any medical or common definition or  understanding of the term.) 

 

It sounds like the doctor may have said he was an alcohol abuser, since he still consumed alcohol after having gotten a DUI.  There are some panel physicians who strictly interpret it that way.  I, too, would suggest a first step would be to e-mail the Embassy and seek clarification on  what he was told was the next step, i.e., what the officer said about a new medical and when he could do that.  It might give you a better picture on how to proceed.

Edited April 26, 2017 by jan22

[NigeriaorBust 4,087]

  Could he have settled his nerves with a pint before the medical and started off on the wrong foot ? 

[Boiler 45,462]

34 minutes ago, NigeriaorBust said:

  Could he have settled his nerves with a pint before the medical and started off on the wrong foot ? 

Can not think of any decent pubs in the area.

[CandyManby 6]

3 hours ago, Boiler said:

Can not think of any decent pubs in the area.

😂😂😂 lol he knows I would give him a good smack! 

 

I guess there's worse places in the world to be stuck. Gonna make the most of it for now! Thanks for all the help guys ❤️

[CandyManby 6]

4 hours ago, jan22 said:

Achtually, it does not need to be a finding of alcoholism....the standard is alcohol abuser, as you stated Iater in your post.  (Including the word alcoholic sometimes confuses people, as they are not alcoholics by any medical or common definition or  understanding of the term.) 

 

It sounds like the doctor may have said he was an alcohol abuser, since he still consumed alcohol after having gotten a DUI.  There are some panel physicians who strictly interpret it that way.  I, too, would suggest a first step would be to e-mail the Embassy and seek clarification on  what he was told was the next step, i.e., what the officer said about a new medical and when he could do that.  It might give you a better picture on how to proceed.

I think your right. I've sent the email out. Thank u for your help!❤️

[jan22 3,052]

6 hours ago, CandyManby said:

I think your right. I've sent the email out. Thank u for your help!❤️

No problem.  Hope you hear something soon that will let you move forward quickly.