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Settlement for EEA

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

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

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Keston2001
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Joined: Wed Nov 28, 2018 10:28 am
Guinea

Settlement for EEA

Post by Keston2001 » Wed Jan 23, 2019 1:21 pm

Hello moderate
Has anyone been granted settle status with caution or conviction from police I meant criminal record?
Thanks

NikiGio
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Re: Settlement for EEA

Post by NikiGio » Wed Jan 23, 2019 11:01 pm

Can you give more details of the cautions/convictions - for which offence, how many, when?
Criminal convictions with prison sentences of more than 1 year could have an effect on a Settled Status application - lawyer advice strongly recommended in these cases.
I am not an immigration lawyer. My comments are opinions, not legal advice.

Keston2001
Newly Registered
Posts: 20
Joined: Wed Nov 28, 2018 10:28 am
Guinea

Re: Settlement for EEA

Post by Keston2001 » Thu Jan 24, 2019 9:22 am

I was arrested 5months ago because I used bad quality passport in 2006 for work related and cautioned by police before I received my permanent resident card I Don know if the settlement status will be accepted because of the caution

NikiGio
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Joined: Wed Sep 19, 2018 12:18 pm
Location: London
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Italy

Re: Settlement for EEA

Post by NikiGio » Thu Jan 24, 2019 10:17 am

Given this was a caution and not a criminal conviction, you didn't go to prison, it was 12 years ago and you haven't re-offended - I think this is unlikely to affect your application.
You must declare the caution in your application.
If you want to read more about this, search for posts with the key words 'criminal prison' on the forum - there's another post where I put a couple of useful links to read.
Good luck.
I am not an immigration lawyer. My comments are opinions, not legal advice.

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: Settlement for EEA

Post by NikiGio » Thu Jan 24, 2019 12:20 pm

Sorry, just re-read this and saw that the offence was 12 years ago but your arrest is recent - again, a caution shouldn't affect your Settled Status application, but you might want to contact a lawyer/pro-bono lawyer to double-check.

The EU Londoners Hub page says:

Criminality checks

You will be asked to declare any serious criminal convictions in the UK and overseas, or those of any child over the age of 10 for whom you are submitting an application for. These will be checked against the UK's crime databases. If you have only been arrested or convicted of a minor offence, you will still be eligible to apply for Settled or pre-Settled Status. Speeding fines, for instance, will not be taken into account.

Offences and convictions will be assessed on a case by case basis and it may well be a good idea to seek independent legal advice prior to making your application if you have had more than one conviction or a custodial sentence of 12 months or more. We have provided a list of independent legal advisors.


Try the Citizens' Advice Bureau, The Aire Centre, UKCEN, Here For Good, the Good Law Project, the3million, JCWI.
I am not an immigration lawyer. My comments are opinions, not legal advice.

Keston2001
Newly Registered
Posts: 20
Joined: Wed Nov 28, 2018 10:28 am
Guinea

Re: Settlement for EEA

Post by Keston2001 » Thu Jan 24, 2019 12:52 pm

Thank you my friend
Very kind of you

NikiGio
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Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
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Re: Settlement for EEA

Post by NikiGio » Thu Jan 24, 2019 1:30 pm

👌👍
I am not an immigration lawyer. My comments are opinions, not legal advice.

Keston2001
Newly Registered
Posts: 20
Joined: Wed Nov 28, 2018 10:28 am
Guinea

Re: Settlement for EEA

Post by Keston2001 » Thu Jan 24, 2019 8:19 pm

Hi Nikkigio
My problem is very complex may be can help me I am trying to be positive but it is very hard.
In 2006 when I had no document to work I made bad quality passport and found a job with my own details name date of birth etch. Now in 2010 I got married and been given 5years instead of leaving the job and work with my genuine resident card I didn't I carried on because the bad passport expired and because I had right to work now with the same detail except nationality and the HR never asked me to update mi ID I believed it is normal and it is no more an offense and I used the same pay slips to apply for PERMANENT RESIDENT card which was granted in 2015.the pay slips are genuine because I have been working.and in August 2018 about 5month ago I left the job to work for different company received my P45 and all of a sudden police visited me and invited me for an interview witch and ed with caution but I believe the matter will same up again.i did explain to the police that I believe the crime had to be between 2006 and 2010 the time I wasn't legal and between 2010 and 2018 I had right to work it shouldn't be consider as am offense.
Please me because I'm worried one day the HOME OFFICE may used it against me to try to revoke my PETMAMENT RESIDENCE.
THANK
NIKKIGIO.OBI OR CR001

NikiGio
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Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
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Italy

Re: Settlement for EEA

Post by NikiGio » Thu Jan 24, 2019 9:43 pm

I think the best thing is to contact a lawyer and tell them your story.
If you need a pro-bono lawyer, try the organisations I mentioned before - IKCEN, Citizens' Advice Bureau, The Aire Centre, Here For Good, the Good Law Project, the3million, JCWI.
Good luck.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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