Caught Changing Price Tag

[rash77]

Hi,

I am a Tier-1 dependant. My husband's ILR is due next year.

I am very embarrassed about this situation and feel rather ashamed for the whole episode.

Its a case where I was outta my mind. I was in a Shopping store alone and was caught red handed while changing the price tag. I don't know what happened to me and why I did such a thing. They called the police immediately. I confessed my mistake immediately and apologised and assured to police that this will never be repeated. The police told me that they are not prosecuting me this time and issued me a warning.

After a week, I got two letters. One from Shopping Store asking for a damage of around £150 and telling me that I've been barred from any of the their store chain for life and other letter is from police. The police letter says that "A report has been received alleging that you are responsible for the crime of Attempted Fraud. There is sufficient evidence to justify the submission of report to Procurator fiscal. However, police has chosen to exercise discretion and on this occasion will not report the matter. The warning will be recorded on the Police Service Authority History system for 2 years, which will be available to all police forces"

We plan to pay the penalty to Store tomorrow.

Questions:

1: Will this episode effect the extension/ILR of my husband and hence whole family in any way?
2: Shall we mention this episode in Immigration form while applying for extension/ILR? I checked the PBS form and I saw one question asking if you have any criminal conviction - which is not case considering the whole episode as it is warning?

What are the consequences? I am very much worried. I let down my husband and he is also very disappointed.

Please suggest as I am going through a lot of mental agony.

Thanks,
Reshu

[askhan]

I would suggest you take the letter to a lawyer and discuss with him.

For me I would say, yes you should mention all this issue in visa. as UKBA do check the history and if you haven't mention any thing it will be a trouble.

[rash77]

I would suggest you take the letter to a lawyer and discuss with him.

Thanks. But, it is me who committed the crime. Will it effect the visa extension/ILR for the main candidate?

Please reply.

[Jibo]

Just as a poster said, I think you should discuss it with a lawyer
2. A warning is not a criminal conviction
3. There is a record people normal pay to have just to check if they are on the criminal record. Seniors in the house can help in this regard.

I quite understand how disappointed you are with your actions and I believe you have learnt your lesson but in the mean time during the ILR, your husband can opt for the appearance and after getting you can make a postal application.

All the best

[rash77]

3. There is a record people normal pay to have just to check if they are on the criminal record. Seniors in the house can help in this regard.

Thanks. How do we check the record?

[Jibo]

Just plead with one of the seniors in the house they should be able to help

[cs95tdg]

3. There is a record people normal pay to have just to check if they are on the criminal record. Seniors in the house can help in this regard.

Thanks. How do we check the record?

See Q24 under FAQ sticky: http://www.immigrationboards.com/viewtopic.php?t=79378 & topic on checking unspent convictions yourself: http://www.immigrationboards.com/viewtopic.php?t=74587

[gaurav76.5]

It will definitely not effect your husband ILR.

Also it wont affect your application because you have not been convicted of the offence.

Rest your mind and take it easy. But make sure you dont repeat this mistake again...

[jonbca]

It may affect your application if you apply after 1 January. The immigration rules are changing so that any "out of court disposal that results in a criminal record" is general grounds for refusal if it has occurred within 12 months of your application.

See items 265 and 271 of the latest statement of changes in immigration rules. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Whether or not your warning counts as an "out of court disposal" that you "admitted to" is a mystery. But since it *does* show on your criminal record, it may be an issue. You should speak with a solicitor.

[madhumesh]

"out of court disposal that results in a criminal record" . It is important to check with CRB before you apply.

It may affect your application if you apply after 1 January. The immigration rules are changing so that any "out of court disposal that results in a criminal record" is general grounds for refusal if it has occurred within 12 months of your application.

See items 265 and 271 of the latest statement of changes in immigration rules. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Whether or not your warning counts as an "out of court disposal" that you "admitted to" is a mystery. But since it *does* show on your criminal record, it may be an issue. You should speak with a solicitor.