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You should check whether this offense would be consider spent under UK law. I think the period for minor offenses is 6 years, so it may well be, and you may not have to disclose it.fml81 wrote:I had seen this question before and was prepared to answer it, as the answer is yes, I have had what I assume the UKBA would consider to be a conviction for a traffic offence. 7 years ago I was found at fault for an accident - no one was injured or harmed, but I had to appear in court and pay a small fine (around 50 pounds) for failure to control and reckless operation of a motor vehicle.
Personally, I wasn't sure if this applied in my case as the 'conviction' took place outside of the UK. Also, while in my home country the question on the application would be worded something along the lines of 'Do you have any convictions for a minor offence within the last 5 years', on the VAF5, the UKBA simply ask 'Do you have any criminal convictions in any country (including traffic offences)?', nothing specifying spent/unspent.Under the ROA, after a certain period of time all convictions (except those involving prison sentences of over 30 months) are deemed to have been "spent".
Rehabilitation periods
* Imprisonment of between 6 months and 2 years - 10 years
* Imprisonment of up to 6 months - 7 years
* Borstal training - 7 years
* A fine or (in the case of adults) probation - 5 years
* Conditional discharge, binding over, care or supervision order - 1 year or the duration of the order, if longer
* Disqualification from driving - period of disqualification
* Absolute discharge - 6 months
Hm, there is a rather complicated test for this, I think. You have to look at the penalty for the corresponding charge in the UK, and that determines when it would be spent. Given that you only got a small fine, I would assume that it is now spent. Usually spent convictions do not have to be stated (that is the whole point of rehabilitation), but the form should be a lot clearer on this.fml81 wrote:Personally, I wasn't sure if this applied in my case as the 'conviction' took place outside of the UK.
You are exactly right: all VAF forms are way over the top with utterly foolish questions. Does UKBA really believe that somebody would ever answer yes on questions like: Are you a terrorist or war criminal?fml81 wrote:My question is regarding the fact that, as I've discovered by reading the forum, the UKBA request / want to give the impression that they require far more supporting documents on the VAF5 than is deemed legally necessary by EU law.
My question is specifically about section 6.9: Do you have any criminal convictions in any country (including traffic offences)?
Any advice, suggestions or anecdotal information would be appreciated!