Help in SET(O) application with spent conviction - Urgent please

Hello guys,

I really need your advice and guidance on this particular case. I am due to apply ILR with Tier-2 (5 year route). Basically in 2012, I had travelled in national rail from one station without touching my Oyester ( my silly mistake) as I was rushing for the work and don't wanted to miss the train and there were no entry bearers. On the very next station, I got off from the train and touched my oyster and I was waiting for the tube, Immediately there were a national rail officer who stopped me and checked the Oyester and took all of my detail but I did explain to him what happened but he didn't considered it. Unfortunately after few days I had a summon letter for this conviction, either plea Guilty in the form or attend the court (Magistrate Court). I went to the court, explained to the judge and plead Guilty, and he put a small fine of £66 pounds which I immediately paid it on March 2012, than I received the acknowledge letter from the court for receiving the payment and that letter doesn't says anything If this would be going to my criminal/History record etc.

I never thought this was a criminal offence and forgot in couple of days, than I got a Job who offered me sponsorship for my Tier 2 visa and I applied it in September 2013 and didn't disclose this conviction as I was not aware that this should go as criminal offence, and I successfully secured my tier 2 visa, than in 2016, I applied for my extension and similarly I was not aware to disclose this at that time too, and successfully got the extension.

Now when it came to ILR application, couple of my other friends who had applied their ILR and secured, they mentioned to me that make sure you disclose all of your parking tickets, penalties, license points etc, However I have very clean history with my driving license but I had 1 or 2 parking tickets which I paid immediately.While I was searching in my documents, I also got this penalty letter for the above explain offence which made me worried. I contacted to the one of the lawyer and discuss this. He said that this was the criminal offence, you should had declared it in your previous applications, However he mentioned that I had completed rehabilitation period of 1 year for this offence than its not necessary to disclose (Keeping in mind that I applied my first tier-2 in Sept 2013 and I had this court conviction in March 2012).

Now he is suggesting me that, its been 6 years for this offence and it must have gone from your record so you shouldn't be disclosing this anymore and it won't impact your application at all.

I need help from you guys to suggest me what is the right approach for my ILR?

Question 1 - Should I apply my ILR without disclosing this again? would this effect to my ILR application?
Question 2 - If I disclose this now, would they refuse my application on the ground that why I didn't tell this in my two previous application?
Question 3 - Is there any way to get my background check with full detail to see if this was ever came to my criminal record?

Sorry for the long message but this was important to explain my case properly. Waiting for the responses....

Can Anyone in the group reply on this?

Is there any moderator to reply on this? still waiting, please

I dont think you need to mention this 6 year old offence, your friends are right it has been gone off from your name. also because of these offences visa will not be refused. I suggest you to focus on other supporting documents need to apply ILR.

Thanks MSohail for your reply. I am very much confident that this shouldn’t be a problem and this offence doesn’t effect the ILR. i am only confused either to disclose or not because I don’t want them to pick this up and say why I didn’t tell in first place

Is there anyone who can help?? Moderators???

I would advice you to apply for ACRO police report, subject access request. It takes upto a month (but is usually quick) and you will receive it via email for free. If your conviction appears on this report then my advice would be to include this in your application. Good Luck!

Hi

A fine conviction gets spent after a year but the according to UKVI Immigration rules it’s 2 years which in your case has passed

Your friends are right you have to declare all convictions. They have access to disclosure checks and a conviction stays on your record for 15 years even if it gets spent. It would appear in standard disclosure but all convictions show up in advanced disclosure. In your case the offence was 6 years ago and what they UKVI need to see is that you are not a repeat offender.

I suggest don’t hide anything and just declare. In the other info or covering letter just mention the event and say that you were not aware until now and that is why you have disclosed it in this application. Go for a face to face appointment it’s 590 extra but to get to see case worker and a chance to clarify if they ask you.

Don’t worry too much I am sure they will consider your honesty and issue ILR on the same day.. goodluck