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Criminal Offence - what to write?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sweetypie1
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Joined: Wed Mar 02, 2011 1:44 pm

Criminal Offence - what to write?

Post by sweetypie1 » Thu Jul 07, 2011 4:46 pm

Hello

I have one more question.... As we will be applying soon for EEA Family Permit, one of the questions asking about any criminal offences.... Now the story:

My fiance been charge for providing false documents to enter to UK, but yesterday he got letter from court that he is unguilty and cleared all charges against him. Should we all mention in the application and attached the hearing from Court?

Second question....

What about this English test? Do everyone require this? He studied in UK and got his Bachelor Degree....

Thank you for help

Malwina x
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 07, 2011 8:05 pm

he is unguilty
What exactly did the court say? Where are you located?

I suggest you apply after you get married. Fiances do not have any particular right to travel with an EU citizen to the UK.
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sweetypie1
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Posts: 45
Joined: Wed Mar 02, 2011 1:44 pm

Post by sweetypie1 » Thu Jul 07, 2011 10:14 pm

Thanks for reply..... Yes we getting married in 10 days :-) im in UK from past 3,5 years, have permanent job over here, he is in India from February.... We been together 3 years.

Im not sure what excatly is on that letter, will ask tonight. All I know is that all the charges been taken off and he got letter confirming that.
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sweetypie1
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Posts: 45
Joined: Wed Mar 02, 2011 1:44 pm

Post by sweetypie1 » Thu Jul 07, 2011 11:58 pm

Court closed the case and remove all the charges from his name. Mutual understand between police officer. Case closed, no legal actions taken.

Something like that.....
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Monifé
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Posts: 653
Joined: Thu Feb 04, 2010 5:42 pm
Location: Dublin

Post by Monifé » Fri Jul 08, 2011 8:35 am

If he has not been convicted of any criminal offence and not been given a fine, sentencing or the probation act, then I think you would leave the criminal offence part blank. Unless he has criminal convictions in another country or any driving offences that he has been brought to court over.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton
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Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Jul 08, 2011 11:55 am

If was never convicted then he can tick"no" for question 6.9.

If he was charged but the case was withdrawn and he is no longer under the charge, I think he can tick "no" to 6.10 as well. The question asks about charges for which he has not been tried "yet": that implies that there will be a trial at some point in the future.

If you are unsure, you can tick "yes" to 6.10 and then give a full explanation of the facts and provide certified confirmation that the charges have been dropped, but I don't think that is necessary.
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sweetypie1
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Posts: 45
Joined: Wed Mar 02, 2011 1:44 pm

Post by sweetypie1 » Fri Jul 08, 2011 12:15 pm

Thank you Kitty for reply....

I think 6.10 we deffinatly can tick "NO" as the case is finished.

Still concern little about 6.9, thinking to tick "YES" and give all explanation and letter from Court. I think it should be enough then. As I dont want them to think he hidding something :-/ what do you think?
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Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jul 08, 2011 12:46 pm

The key thing is not to lie.

How you answer depends on the very exact wording of the question.

Leaving things blank can be OK on some questions, but I think criminal record is required to answer. This is because criminal record could let the govt (in very limited circumstances) refuse the visa for public policy reasons.
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