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Discharged Non partial conditions of leave

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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TariqKhan
Newly Registered
Posts: 3
Joined: Wed Mar 23, 2011 6:31 pm

Discharged Non partial conditions of leave

Post by TariqKhan » Wed Mar 23, 2011 6:52 pm

I was a student here in UK in my teens in 1981-1984

In those days students were not allowed to work the 20 hours that is allowed now.

I was assisting my uncles office in London with office assisting, answerling calls and keeping family books

A disgrunted employee, reported me and I was convicted under immigration rule ...... I pleaded not guilty ofcourse , we went on trial and was discharged the same day. We pleaded our case that if a son is washing his father's car and taking pocket money that does not constitute employment. the judge agreed and the case was discharged.

I left UK for my country after one year completing my studies.
I now returned in 2009 on TIER1.

Recently I wanted to do some voluntary work with befriending older people and when they did a CRB check on me , this came up,

I quote"
"Non Partial breaching conditions of leave on Immigration Act 1971 S24(1)(B) " Feb 1984 with CONDITIONAL DISCHARGE 12 MONTHS."


I want to ask:

Does it have effect in seeking employment? Do I need to disclose it?
Can I do voluntary and care work?
How can I get this conviction-discharge cleared from my name?
Is there a way to find the records and case and take it up in court?
Does it have an effect on my TIER 1 Extension?
Does it have an effect on my ILR or Citizenship?

Please advise. I am quite concerned.
thank you once again for this wonderful site.
May the Powers bless you all.

Regards
Tariq

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Mar 23, 2011 7:04 pm

A conditional discharge is "spent" in 1 year or until the order expires (whichever is longer).
Since your conditional discharge was for 12 months, and issued in 1984 (it appears), so it expired and became "spent" in 1985. No need to declare a "spent" conviction and this will not affect your extension / settlement.

See also Section 24(1)(b) of Immigration Act 1971 and Section 5(4) of the Rehabilitation of Offenders Act 1974.
Life isn't fair, but you can be!

TariqKhan
Newly Registered
Posts: 3
Joined: Wed Mar 23, 2011 6:31 pm

thanks,

Post by TariqKhan » Thu Mar 24, 2011 8:51 pm

Can I do voluntary work or teach children

Is it possible to remove this from the CRB
or is it possible to get a court order or notice one can send to employers that this matter is settled.

thanks

Tariq

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Mar 25, 2011 12:47 pm

There are certain jobs / occupations which are exempt from Rehabilitation of Offenders Act. If the post for which you are applying is one of these exempted occupations, a conviction can never become “spentâ€
Life isn't fair, but you can be!

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