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criminal convictions in EEA2
Posted: Mon Oct 17, 2011 5:15 pm
by natashik.uk
Hello
My husband will apply for EEA2, but he had criminal convictions for driving without insurance and proper driving licence, all fines are paid, unpaid work done in full, and the ban expired.
But in the new passport his name written Serhey, and he had been convicted as Sergey (surname and address are same).
Q: Shall He tick that he has been convicted or tick NO, hoping that when HO will check him they will not see that he had violated the law?
And how does a criminal record affect for a getting visa, whether due to this can they refuse?
Thank you all.
Posted: Mon Oct 17, 2011 7:59 pm
by fysicus
I don't think an EEA2 application can be rejected on this sort of convictions, so I would advise to disclose it on the application form, and don't worry too much about it.
Non-disclosure is far more riskier: if it is discovered (and I think the probability is pretty high, given that surname and address are still the same) it will be regarded as FRAUD and that IS a ground for rejection.
Posted: Tue Oct 18, 2011 9:15 am
by Punjab
http://www.lawontheweb.co.uk/Road_Traff ... enders_Act
you should tell them.. its always good to be honest and finger crossed everything will go well
IO can check your record on their sytem as police and immigration work together
Posted: Tue Oct 18, 2011 2:35 pm
by Directive/2004/38/EC
Is he applying for a visa (because he is outside the UK), or a Residence Card from within the UK?
In any case, minor convictions do not matter. It has to something a lot more serious. If he was doing 10 years in prison for something, then you might be advised to get a lawyer to help.
On all UKBA applications, you should always either:
(1) leave the question blank if you do not want to answer it or say "this question is not answered" or put a stroke through the box
or
(2) answer truthfully
Lying is a really stupid thing on immigration forms.
Posted: Tue Oct 18, 2011 3:56 pm
by Punjab
Directive/2004/38/EC wrote:
Lying is a really stupid thing on immigration forms.
strongly agreed with you regarding not lying. i was told that ho cross check applications with police ystem. i dont know if its true or not but they are strict these days. so its really better to be open at first.
Posted: Tue Oct 18, 2011 4:14 pm
by natashik.uk
Directive/2004/38/EC wrote:Is he applying for a visa (because he is outside the UK), or a Residence Card from within the UK?
In any case, minor convictions do not matter. It has to something a lot more serious. If he was doing 10 years in prison for something, then you might be advised to get a lawyer to help.
On all UKBA applications, you should always either:
(1) leave the question blank if you do not want to answer it or say "this question is not answered" or put a stroke through the box
or
(2) answer truthfully
Lying is a really stupid thing on immigration forms.
He is in UK.
Thanks for your responds, we are gonna tick yes. Fingers cross
Posted: Tue Oct 18, 2011 4:41 pm
by Directive/2004/38/EC
No need to cross your fingers.
Unless he is a serious threat to the public (which I doubt), so long as he is married to you and you are legally in the UK (e.g. working) then he can stay. End of story.