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Dear forum members,

the question is in the name of the topic.

Non EEA applying for PR - do they need to declare Penalty for Disorder? (7-8 years ago)

the thing is - if one ins't sure if there was a caution attached to Penalty for Disorder, is it best to request SAR to be sure and declare it if there is something on the system? if the report comes clean ( meaning no caution was issued), shall non EEA still declare Penalty for Disorder? the guidance speaks of spent and unspent convictions only, hence the confusion

Many thanks for your insight.

I have no idea but i am sure Amber can answer well.

Universal soldier wrote:I have no idea but i am sure Amber can answer well.

Thank you. Hoping to hear from Gurus.

Any sugessions please

It's not a conviction so I would say no. The only thing a PND could fall under would be Question 9.10. However, that is subjective and given the lapsed time again I would say no.

Amber_ wrote:It's not a conviction so I would say no. The only thing a PND could fall under would be Question 9.10. However, that is subjective and given the lapsed time again I would say no.

Thank you do much for your reply. Can please ask you if you only referred to Penalty for disorder or caution as well? What I mean is if the SAR comes back showing the caution was also issued - should it be declared?

Once more - thank you

No, as a caution is not a conviction. Unless a question asks have you received a caution, warning or reprimand, should it be declared. That would be the case for immigration and nationality applications, but not EEA applications.

Amber_ wrote:No, as a caution is not a conviction. Unless a question asks have you received a caution, warning or reprimand, should it be declared. That would be the case for immigration and nationality applications, but not EEA applications.

great, i appreciate your advice.