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Spent Conviction - Fraud?

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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

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WDK
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Joined: Tue Nov 26, 2013 2:22 pm

Spent Conviction - Fraud?

Post by WDK » Tue Nov 26, 2013 2:37 pm

Hi, I'm about to apply for a Tier 5 youth mob vis. I'm an Australian resident. Unfortunately I did something stupid a few years ago and lodged a false insurance claim for a phone. Long story short I paid back the cost of the phone to the company, paid a fine and receieved a spent conviction for gain benefit by fraud & lodging a false police report. I've got all of my court records and statements, receipts of payments, letter of apology and character references.
People have said as long as I declare it with full documentation I should be right. I've also got a police clearance recently.
Does anyone think this will be flat out rfused or is there a good chance it will be ok? I saw one person post up somewhere that they got refused because the charge that was spent has a higher penalty in UK than where they were from.

Amber
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Post by Amber » Tue Nov 26, 2013 2:57 pm

Assuming this was a non-custodial sentence:
RFL10.1 When can I refuse under Criminality? wrote:A non-custodial sentence - Paragraph 320 (18A) and S-EC2.5(a) Appendix FM provides for a discretionary refusal of entry clearance where has been convicted or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the preceding 12 months.
Bear in mind the general grounds for refusal, best interest and suitability.
**this forum is not intended to be a substitute for professional advice**
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WDK
Newly Registered
Posts: 2
Joined: Tue Nov 26, 2013 2:22 pm

Post by WDK » Wed Nov 27, 2013 3:11 pm

Great link, thanks for that. I've had a further read of that page and it seems like I'll be ok. Cheers for your help.

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