ILR with spent criminal offence

[tier1app]

In short, I was caught by TFL inspector at tube station attempting to travel on London Underground without having a previously paid fare of £4 in Aug 2012, which was silly mistake really. I plead guilty and apologised sincerely for my mistake in court and was given a conditional discharge for this offence, stating that as long as i do not commit an offence during the next 12 months from the date of the order (Feb 2013,) then I will not be punished.

By definition, a conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given. Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced.

And under 322(1C)(iv) you will be rejected if you had, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record

Now, I WILL declare this in my ILR application because Home Office would have this on records as part of extension application in 2013 anyway; but I want to confirm that my understanding is correct.

1. Given this spent conditional discharge, even though I am not convicted, I still admitted this offence, thus a criminal record?
2. Given the court order was issued in Feb 2013, 322(1C)(iv) will not apply to my ILR application in Jun 2015?

[tier1app]

Hi, any valuable comments on my understanding would be much appreciated.

[vinny]

Omenma (Conditional discharge - not a conviction of an offence) [2014] UKUT 314 (IAC) (22 May 2014).

However, see also Guidance.

[tier1app]

I ended up sourcing a solicitor because I did not want any dramas; she queried my situation with a senior case worker and received firm confirmation that this spent criminal offence would not cause my application to be rejected. After 3 hours of waiting in boiling Croydon Lunar House today, my ILR is granted.

[dagger20091]

Hi

I am pleased hearing that you got your ILR. Could I have the name of solicitor you got advice please? my family member is in same situation of conviction.

Thanks