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Settled Status and EEA PR approved with criminal conviction

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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ldn19
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Joined: Fri Mar 29, 2019 4:30 pm

Settled Status and EEA PR approved with criminal conviction

Post by ldn19 » Sat Apr 13, 2019 1:34 pm

I thought I'd share my story with those who have criminal convictions and are worried about applying for EEA PR or Settled Status.

I have one criminal conviction, which I received around 10 years ago. I was sentenced to 14 months prison for Consp to commit Criminal Damage. Earlier this year, I applied for EEA PR with a covering letter and explained my story, and to my luck, my application was approved two months later. Subsequently, I applied for Settled Status and received my approval recently.

I hope my story can put some people's concerns at ease. Happy to answer any specific questions that anyone may have.

askmeplz82
Diamond Member
Posts: 1251
Joined: Wed Jun 13, 2012 12:47 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by askmeplz82 » Tue Apr 16, 2019 12:28 am

Did you declare that in the settled status application ?

I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
UK Student Visa : April 2004 - September 2009
Family Member Residence Stamp: December 2009 - March 2010
EEA Residence Card : July 2010 - July 2015
Now waiting for Divorce ....

rooibos
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Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Tue Apr 16, 2019 11:50 am

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am


I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?
Does it show up on a police certificate?
https://www.acro.police.uk/subject_access.aspx

askmeplz82
Diamond Member
Posts: 1251
Joined: Wed Jun 13, 2012 12:47 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by askmeplz82 » Tue Apr 16, 2019 9:00 pm

I did basic DBS checking it didn’t show anything that was 4 years ago
UK Student Visa : April 2004 - September 2009
Family Member Residence Stamp: December 2009 - March 2010
EEA Residence Card : July 2010 - July 2015
Now waiting for Divorce ....

rooibos
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Posts: 258
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Wed Apr 17, 2019 6:51 pm

askmeplz82 wrote:
Tue Apr 16, 2019 9:00 pm
I did basic DBS checking it didn’t show anything that was 4 years ago
It's free to do a SAR at Acro online. You get results in a few days. If it doesn't show up on the SAR, you don't need to declare it, regardless of what comes out of a DBS. Period.

ldn19
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Posts: 2
Joined: Fri Mar 29, 2019 4:30 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by ldn19 » Wed Apr 17, 2019 9:11 pm

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am
Did you declare that in the settled status application ?

I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
Yes, I declared my criminal conviction. When you apply for Settled Status, you only tick ‘yes’ or ‘no’ for the conviction question. There’s no further information they ask for re conviction.

If you were convicted, irrespective of how long it was, you would need to declare this in your application. Your conviction doesn’t show up on a Basic DBS because it is spent. If you were to do a standard or enhanced DBS, which shows all your convictions / cautions regardless if they are spent or not, then your conviction would show up. However, you will not be able to request a standard or enhanced DBS because its only really possible via an employer or charity (if you’re volunteering with kids for say). You could, like rooibos mentioned, do a Subject Access Request via ACRO, which is basically requesting to see the information held about you on the Police National Computer, which would show your conviction.

Your conviction is extremely minor, if it does come up on the SAR, which I’m 100% sure it will, then go ahead and declare it. I wouldn’t be worried at all if I was you.

rooibos
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Posts: 258
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Thu Apr 18, 2019 5:25 pm

ldn19 wrote:
Wed Apr 17, 2019 9:11 pm
.

If you were convicted, irrespective of how long it was, you would need to declare this in your application.
Not if this doesn't show up on the PNC.

NikiGio
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Location: London
Mood:
Italy

Re: Settled Status and EEA PR approved with criminal conviction

Post by NikiGio » Sat Apr 20, 2019 8:04 am

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am
I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
I would declare it - it won't affect your application. I had various driving fines and I declared them in my EEA (PR) application.
If you don't declare them, it could affect a citizenship application.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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