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More distress seing your post. I made a foolish mistake of not disclosing it or being unaware of disclosing this. However I had a police certificate taken out last year. it was ACRO Police Certificate. It came all clean with statement "No data found in record".montysingh wrote:Hi Spacer
I don't think there is anything that can be done now.
You should have disclosed them but you didn't and that time is gone now. So you got to take the risk and decide yourself to mention them now and be rejected because of the fact that you didn't mention them before or just leave them as you have done in the past and hope for the best.
But just for your own satisfaction, go for a PNC report, i am not sure if that's the correct name for it but ask for all the info in police national computer and if there is no mention of that conviction, i personally would not have mentioned that convictions this time either.
So, good luck
Thanks navalaviator. These words are encouraging. My question here is, as my conviction was 10 years back and would have already spent long time ago. Do we still need to declare spent convictions?navalaviator wrote:well I am not an expert but I think after 5 years your points are removed or something like that and your conviction becomes spent but hey as I said I am not an expert and have read it somewhere here on this forum so IMHO you should be fine as it was more then 5 years ago and also your SAR(subject access report) which is a PNC check of information held about you by police was clean too so I think you should be OK.
well I know for sure that for citizenship you have to declare all spent and unspent but don't really know how it works for the ILR whether you have to declare spent convictions or not.spacer wrote:Thanks navalaviator. These words are encouraging. My question here is, as my conviction was 10 years back and would have already spent long time ago. Do we still need to declare spent convictions?navalaviator wrote:well I am not an expert but I think after 5 years your points are removed or something like that and your conviction becomes spent but hey as I said I am not an expert and have read it somewhere here on this forum so IMHO you should be fine as it was more then 5 years ago and also your SAR(subject access report) which is a PNC check of information held about you by police was clean too so I think you should be OK.
You should be ok, if it's not in the PNC records, then most likely this was dealt as a fixed penalty notice (even if you went to court), rather than a conviction. My advise is disclaim it but also attach your certificate. HO will do their own checks but will find out everything is ok.montysingh wrote:More distress seing your post. I made a foolish mistake of not disclosing it or being unaware of disclosing this. However I had a police certificate taken out last year. it was ACRO Police Certificate. It came all clean with statement "No data found in record".
Do you think this is enough or do i need to check further. Can you please share the link for any other checks.
Hi spacer,
i think ACRO should be sufficient and i have seen some more posts here from people with same issues but i cant remember anyone came to tell their success story yet with similar conditions or unless i missed it, someone else will comment on that
I dont think there are any other checks apart from Disclosure scotland or CRB check, so can try them for satisfaction as well. But even if you go to a solicitor now, i cant imagine them giving you a 100% way out of this, unfortunately for the mistakes made in the past you have to pay for them in the future one way or another.
As far as the convictions go, they are spent now and you don't need to mention them now anyway, but if you do then the caseworker might look at previous applications and check them. If i was you i wouldn't bother mentioning them now but then again thats me..........
@ PqekI had a similar case when I applied for my ILR and all went ok.
My comments above in redkais wrote:@ PqekI had a similar case when I applied for my ILR and all went ok.
1) What was your case/Offence SP30 dealt in court due to not having DVLA license at the time
AND
B) have checked your PNC and it wasn't on PNC but you declare it on Application?
It's not registered in PNC; I don't have any records on the PNC.
If this was a conviction then why there is no trace of it? I did declare it anyway to avoid issues and everything went well on my ILR application. I declared it again on my BC application to be consistent but the offence was 5 years ago so it will not be a problem now.
Or
C) Have checked your PNC it wasnt on PNC and you didn't declare it on your application?
@Amber
I agree with you if it goes to court then its more conviction than FPN, but somewhere here or elsewhere I have read it that it was court conviction but wasn't on PNC or something, not sure 100% though.
Thanks
If I do CRB check (Basic or Enhanced) will it cover everything? Means will it cover SAR and PNC information?D4109125 wrote:There is no need for a conviction to be on the PNC. A conviction is issued by the Court. Therefore, if you request a SAR from the court rather than the police, you should see your conviction.
ok so does the home office request information from every court in country in order to find out if a person has a conviction or not?D4109125 wrote:There is no need for a conviction to be on the PNC. A conviction is issued by the Court. Therefore, if you request a SAR from the court rather than the police, you should see your conviction.
Deception includes several types of communications or omissions that serve to distort or omit the complete truth. Deception itself is intentionally managing verbal and/or nonverbal messages so that the message receiver will believe in a way that the message sender knows is false. Intent is critical with regard to deception. Intent differentiates between deception and an honest mistakekais wrote:Thanks Pqek.
Infact my offence was IN10 , I pleaded guilty to court by post. Had 6 Points and some £240 fine in 2009. My only concern at the moment is that in the latest extension in 2012 i didn't mention it thinking that its not criminal conviction and also that these we only need to declare when apply for ILR.
Only came to know yesterday that HO will take it as deception. Cant go back and undo what already done. But I will have CRB check and will declare it in ILR application Feb 2014 anyway.
Misleading? please show me when I have ever said it should not be declared a conviction. I have even mentioned my case when I declared it myself and was succesful. All my posts are correct, the difference is I just have around 100 posts rather than ten thousand as I prefer to just read and keep quiet on subjects I may not know.D4109125 wrote:Pqek please stop making inaccurate posts that are misleading. The onus is on the applicant to declare a conviction not for the UKVI to find out about it. There is a difference between some people who have declared a conviction and being subsequently successful and those who fail to mention a conviction all together. All spent and unspent convictions should be declared as per the application form. Whether or not the offence was minor.
Bearing in mind Court of Appeal (in the case of IRACKI) which held that an applicant is not obliged to volunteer information unless he is given an indication of the kind of information which is material to the application. Thus, if you are asked to declare convictions both spent and unspent and you fail to do so, this could amount to prima facie deception. People who make many posts on this forum are not people who have nothing better to do, they are here generally, to stop incorrect and misleading information such as yours.