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stupid Shoplifting in UK

Posted: Sat Jan 05, 2013 2:16 pm
by Vichik
I was caught in Tesco shoplifting in December 2012. They called police who tried to plead to them to let it go but they refused. The police checked my record and it was clean. They told me that the fixed penalty of £80 will not go further if I pay it within 21 days. a week later, Tesco sent me recovery bill of £188. I have paid both penalties and the police told me that I do not have to disclose it when I apply for my permanent residency which is due in 7months time. I did not go to any court. Now researching on the implications of the stupid act, I could see the sevare consequences. But in the application forms, it states that I do not have to declare fixed penalty.

I am really confused because I have not got and conviction before and I have read other cases during my research but no one seems to have advised properly on wether to disclose it or not since it states we do not have to in the application form and the police have told me that I do not have to. some other forumites and advisers said that we have to disclose it.

So please, can someone give me proper advice on this and why do you think homeoffice states that we should not declare fixed penalties in the application form. I am down and worn out completely since I did that. I don't know how to cause my life for such foolish act. Please don't abuse me the more when answering or responding because I have had heart attack once when I realised what I put myself into.
Thank
Victor

Posted: Sat Jan 05, 2013 7:13 pm
by EUsmileWEallsmile
What is your nationality? Are you planning to apply under the EU regulations, EEA3 / EEA4?

Posted: Sat Jan 05, 2013 7:31 pm
by frei
I have not seen the EEA3 OR the EEA4 application forms, but if what you have illustrated above is the actual scenario, that doesn't count as a conviction, and you should not say you have you have been convicted when you clearly haven't be, were you given a caution? formally by the police? on the forms were you asked about such things? And because you are applying under the EU regulations even if you disclose it surely it wouldn't be taken into account when making a decision on your application.

Posted: Sat Jan 05, 2013 7:40 pm
by frei
I have just gone through the forms, you do not have to disclose this details, I would not loose a minute of thought on it, get on with your normal life and make the application when you are ready. you were not charged or convicted of any crime.

Posted: Sat Jan 05, 2013 10:39 pm
by Vichik
Thank you all for your responses. I appreciate every comments you made to encourage me in this mess I put my life into. For the one asking my Nationality, I am from Latvia.

I now beleive that I do not have to disclose it in the application form.

Posted: Sun Jan 06, 2013 9:36 am
by EUsmileWEallsmile
Vichik wrote:Thank you all for your responses. I appreciate every comments you made to encourage me in this mess I put my life into. For the one asking my Nationality, I am from Latvia.

I now beleive that I do not have to disclose it in the application form.
EEA3, page 20 provides guidance - http://www.ukba.homeoffice.gov.uk/sitec ... /eea31.pdf

Posted: Sun Mar 10, 2013 7:15 am
by Vichik
Since I requested for advice for the stupid act I did last december and you just posted a copy of part the info from here, http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea31.pdf. since then I have not been convinced that it will not affect me.

Posted: Sun Mar 10, 2013 9:35 am
by EUsmileWEallsmile
If you take the time to read the form, it tells you that you don't need to complete that section if you chose not to and that not completing it will not result in rejection.

Posted: Sun Mar 10, 2013 11:26 am
by Directive/2004/38/EC
If you have been convicted of something that requires more than a year in prison, then there might be an issue.

Shoplifting is not such a crime.

Posted: Tue Mar 12, 2013 1:19 pm
by Vichik
Thank you guys for your advices.