Good character requirement and convictions

If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

xiaowei wrote:If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

D4109125 wrote:

xiaowei wrote:If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

D4109125 wrote:

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

This is the only conviction. Just hope the caseworker won't treat prostitution as bad character.

D4109125 wrote:

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:If a person has a spent conviction, does it need to be declared? According to the form, both spent and unspent convictions must be declared. However, the UKBA website says spent convictions do not need to be declared. I am very confused.

Also based on the new rule, if a conviction is not yet spent, would that still result in refusal?

Thanks for the answers.

All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

Just confirmed from him. He was not told to register with offenders list so I suppose he is not on the list.
What is the chance he can be successful?

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:

D4109125 wrote:
All convictions should be declared. Forget the spent rule under the Rehabilitation of Offenders Act. What was the conviction for and when did the person get convicted?

The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

Just confirmed from him. He was not told to register with offenders list so I suppose he is not on the list.
What is the chance he can be successful?

He should be ok, though there is always discretion to refuse. The offence sounds like it was soliciting for sex rather than 'prostitution'. If the offence was any more serious, such as sexual assault, then he would find it difficult to show that he meets the good character requirement.

D4109125 wrote:

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:
The conviction was in Jan 2009. It went to court and got a fine of £100 for prostitution.
Would the application be successful if apply now?

Thanks

The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

Just confirmed from him. He was not told to register with offenders list so I suppose he is not on the list.
What is the chance he can be successful?

He should be ok, though there is always discretion to refuse. The offence sounds like it was soliciting for gender rather than 'prostitution'. If the offence was any more serious, such as sexual assault, then he would find it difficult to show that he meets the good character requirement.

I am not 100% sure what it exactly happened but definitely not on the register's list and not assault.
Actually, he was going to submit application via NCS in October last year. However, the NCS lady told him the homeoffice may refuse him because of the conviction not spent yet so he withdrew the application.

Now that the rules have changed, he wanted to apply again.

xiaowei wrote:

D4109125 wrote:

xiaowei wrote:

D4109125 wrote:
The conviction will not generate an automatic refusal as 3 years has passed. It is likely that the applicant would be successful, providing no other convictions or cautions have been given and that the person meets the standard requirements. I also assume that the individual is not on the s e x offenders register.

Just confirmed from him. He was not told to register with offenders list so I suppose he is not on the list.
What is the chance he can be successful?

He should be ok, though there is always discretion to refuse. The offence sounds like it was soliciting for gender rather than 'prostitution'. If the offence was any more serious, such as sexual assault, then he would find it difficult to show that he meets the good character requirement.

I am not 100% sure what it exactly happened but definitely not on the register's list and not assault.
Actually, he was going to submit application via NCS in October last year. However, the NCS lady told him the homeoffice may refuse him because of the conviction not spent yet so he withdrew the application.

Now that the rules have changed, he wanted to apply again.

He will not face automatic refusal and should be successful, he must declare the conviction