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Underground Fare Conviction

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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gaurav76.5
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Underground Fare Conviction

Post by gaurav76.5 » Mon Jul 01, 2013 12:14 pm

Last year in August 2012 I was convicted by Court for London Underground Fare Evasion...Court ordered me to pay the fine which I did.

Now my ILR is due in June 2014..According to the new rules am I eligible to apply for ILR in June 2014?????

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Re: Underground Fare Conviction

Post by Amber » Mon Jul 01, 2013 12:28 pm

gaurav76.5 wrote:Last year in August 2012 I was convicted by Court for London Underground Fare Evasion...Court ordered me to pay the fine which I did.

Now my ILR is due in June 2014..According to the new rules am I eligible to apply for ILR in June 2014?????
It depends whether the conviction is recorded on your criminal record. To be safe, I think it would be advisable to wait until 24 months has lapsed since the date of conviction as before this period a non-custodial conviction is a general grounds for refusal for 24 months. Are you able to extend your current visa until August?
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gaurav76.5
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Post by gaurav76.5 » Mon Jul 01, 2013 12:50 pm

I think I have to do that only and extend my Tier 1 visa for 2 month only and then apply for ILR...

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Post by Amber » Mon Jul 01, 2013 1:05 pm

gaurav76.5 wrote:I think I have to do that only and extend my Tier 1 visa for 2 month only and then apply for ILR...
I think so.
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Zorowah
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Post by Zorowah » Tue Jul 02, 2013 11:33 pm

If you are convicted for fare evasion and you pay the fine, you will not, I repeat you will not have a criminal offence as it is a non recordable offence. Therefore you do not need to disclose it to anyone including UKBA

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Post by Amber » Wed Jul 03, 2013 6:53 am

Zorowah wrote:If you are convicted for fare evasion and you pay the fine, you will not, I repeat you will not have a criminal offence as it is a non recordable offence. Therefore you do not need to disclose it to anyone including UKBA
Are you sure about that? Please state your source.
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sys_sagar
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Post by sys_sagar » Fri Jul 05, 2013 11:25 am

In my personal experience, you need to declare any conviction. Fare Evason matter if gone to court and you have paid fine to the court, it is INDEED a criminal offence. It is considered a less serious offence and you need to wait 3 years before you can apply for ILR from the date of conviction.

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Post by Amber » Fri Jul 05, 2013 11:45 am

sys_sagar wrote:In my personal experience, you need to declare any conviction. Fare Evason matter if gone to court and you have paid fine to the court, it is INDEED a criminal offence. It is considered a less serious offence and you need to wait 3 years before you can apply for ILR from the date of conviction.
You do not need to wait 3 years but rather 2.
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Zorowah
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Post by Zorowah » Fri Jul 05, 2013 12:50 pm

My brother was fined in court for fare evasion a year ago. He did not declare it on both his ILR and citizenship applications and sailed through on both occasions with no problems. Indeed he got his citizenship approval in 3weeks. Technically it is a criminal offence but non-recordable and therefore will not be on the PNC. The record will only be kept at the local court. In practice if you do not declare it no body will find out

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Post by Amber » Fri Jul 05, 2013 1:50 pm

Zorowah wrote:My brother was fined in court for fare evasion a year ago. He did not declare it on both his ILR and citizenship applications and sailed through on both occasions with no problems. Indeed he got his citizenship approval in 3weeks. Technically it is a criminal offence but non-recordable and therefore will not be on the PNC. The record will only be kept at the local court. In practice if you do not declare it no body will find out
Do not listen to this, deception is serious conduct and can lead to criminal prosecution.
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gaurav76.5
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Re: Underground Fare Conviction

Post by gaurav76.5 » Fri May 09, 2014 4:35 pm

I had my ILR application approved today. Here are the details :

5 year continuous stay on Tier 1 (General) - First Tier 1 applied on 23rd march 2009 and extension done on 6 June 2012
Was convicted of fare evasion on London Underground/ Rail on 2 Aug 2012. Was told by everyone that it leads to criminal record and will have to wait till Aug 2014 before I can apply for ILR. Did some research and found out it's non recordable offence and wont have any effect on ILR. However for peace of mind did go for Basic disclosure and PNC which came out absolutely clear.

Documents submitted :

Set O Form mentioned the Fare Evasion as the criminal conviction
12 month Payslips
12 month Bank Statements
PNC and Basic Disclosure Certificate
Fine Letter from Court
Employer Referece Letter
5 year P60s
Bachelor Degree
Life In UK Test Result

Appointment was at 9:10am
Reached and entered the building at 9:20 am
Case Registration and Biometrics done by 10 am
Decision was made by 11 am
Document handed back by 11:45 am ( there was delay because of some internal quality check)

Please do let me know if you need any more information. Best of Luck to remaining applicants..

noo_bug_21
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Re: Underground Fare Conviction

Post by noo_bug_21 » Wed Aug 05, 2015 11:35 am

HI there,

I was wondering if you could let me know if you disclosed your conviction on your application? I have a very similar situation with a ACPO CRB coming back with no trace and am unsure what to do?

Kind regards,

Linzi

gaurav76.5
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Re: Underground Fare Conviction

Post by gaurav76.5 » Wed Aug 05, 2015 12:16 pm

Yes I did and attached the fine letter received from the court along with the payment receipt
Also attached the CRM disclosure and PNC certificate

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Re: Underground Fare Conviction

Post by hzaza » Thu Aug 17, 2017 8:39 pm

gaurav76.5 wrote:Yes I did and attached the fine letter received from the court along with the payment receipt
Also attached the CRM disclosure and PNC certificate
Can please explain what was the conviction you received? Is it under the railway act or Tfl bylaws?

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Re: Underground Fare Conviction

Post by CR001 » Thu Aug 17, 2017 8:47 pm

hzaza wrote:
gaurav76.5 wrote:Yes I did and attached the fine letter received from the court along with the payment receipt
Also attached the CRM disclosure and PNC certificate
Can please explain what was the conviction you received? Is it under the railway act or Tfl bylaws?
Kindly refrain from digging up topics started in 2013.

If you have a question, start your own topic.
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