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EEA4 Criminal conviction
Posted: Sun Jul 21, 2013 12:32 am
by askmeplz82
Can someone tell me if HOME office refuse PR because of Criminal records?
Offence: Travelling without Valid train ticket so was summoned in the magistrate court
Fine: £175
If applying for PR before 5 years ( as far as i know you don't need to mention it in the application anymore after 5 years )
Anyone successful with this sort of criminal conviction ?
Re: EEA4 Criminal conviction
Posted: Sun Jul 21, 2013 8:57 am
by Ricardo
askmeplz82 wrote:Can someone tell me if HOME office refuse PR because of Criminal records?
Offence: Travelling without Valid train ticket so was summoned in the magistrate court
Fine: £175
If applying for PR before 5 years ( as far as i know you don't need to mention it in the application anymore after 5 years )
Anyone successful with this sort of criminal conviction ?
This shouldn't be a problem. I was once fined £140 for similar offense by a magistrate court. I did CRB check 6 months later it did't appear, I told my prospective employer she it's not an issue, I declared it when I was applying to my university and I got an offer. So relax, it's in the lowest scare of offenses in this country.
Re: EEA4 Criminal conviction
Posted: Tue Jul 23, 2013 1:04 am
by askmeplz82
Ricardo wrote:askmeplz82 wrote:Can someone tell me if HOME office refuse PR because of Criminal records?
Offence: Travelling without Valid train ticket so was summoned in the magistrate court
Fine: £175
If applying for PR before 5 years ( as far as i know you don't need to mention it in the application anymore after 5 years )
Anyone successful with this sort of criminal conviction ?
This shouldn't be a problem. I was once fined £140 for similar offense by a magistrate court. I did CRB check 6 months later it did't appear, I told my prospective employer she it's not an issue, I declared it when I was applying to my university and I got an offer. So relax, it's in the lowest scare of offenses in this country.
oh Thanks... I will check my CRB then this week
Posted: Tue Jul 23, 2013 1:19 am
by Imshzd
I was charged with the sexual assault allegations in 2007,and as all know that this is a recordable serious offence,but declare innocent in the court.So my all applications under EU regulations and BC went fine without any problem.
So don't worry about these minor offences.
Posted: Fri Aug 23, 2013 7:19 pm
by askmeplz82
Imshzd wrote:I was charged with the sexual assault allegations in 2007,and as all know that this is a recordable serious offence,but declare innocent in the court.So my all applications under EU regulations and BC went fine without any problem.
So don't worry about these minor offences.
Thanks: I received today report from DISCLOSURE SCTOLAND ( BASIC DISCLOSURE )
http://www.disclosurescotland.co.uk/apply-online/
Conviction :
NONE
Caution:
NONE
so i guess RICARDO is right
Posted: Mon Aug 26, 2013 9:36 am
by fysicus
In such discussions it helps to see what the directive actually says:
Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned.
Previous criminal convictions shall not in themselves constitute grounds for taking such measures.
The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted.
I think it is very hard to justify to take anything into account that did not result in a prison sentence.
Posted: Mon Aug 26, 2013 9:51 am
by Amber
Indeed, it can be argued that the 'criminality threshold' for EEA applications is much less restrictive than that of domestic law, particularly with a lack of prescription.
Posted: Tue Aug 27, 2013 12:46 am
by Directive/2004/38/EC
Posted: Tue Aug 27, 2013 1:25 am
by askmeplz82
THANKS
