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Settled Status and EEA PR approved with criminal conviction

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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ldn19
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Posts: 3
Joined: Fri Mar 29, 2019 4:30 pm

Settled Status and EEA PR approved with criminal conviction

Post by ldn19 » Sat Apr 13, 2019 1:34 pm

I thought I'd share my story with those who have criminal convictions and are worried about applying for EEA PR or Settled Status.

I have one criminal conviction, which I received around 10 years ago. I was sentenced to 14 months prison for Consp to commit Criminal Damage. Earlier this year, I applied for EEA PR with a covering letter and explained my story, and to my luck, my application was approved two months later. Subsequently, I applied for Settled Status and received my approval recently.

I hope my story can put some people's concerns at ease. Happy to answer any specific questions that anyone may have.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 12:47 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by askmeplz82 » Tue Apr 16, 2019 12:28 am

Did you declare that in the settled status application ?

I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Tue Apr 16, 2019 11:50 am

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am


I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?
Does it show up on a police certificate?
https://www.acro.police.uk/subject_access.aspx

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 12:47 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by askmeplz82 » Tue Apr 16, 2019 9:00 pm

I did basic DBS checking it didn’t show anything that was 4 years ago
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Wed Apr 17, 2019 6:51 pm

askmeplz82 wrote:
Tue Apr 16, 2019 9:00 pm
I did basic DBS checking it didn’t show anything that was 4 years ago
It's free to do a SAR at Acro online. You get results in a few days. If it doesn't show up on the SAR, you don't need to declare it, regardless of what comes out of a DBS. Period.

ldn19
Newly Registered
Posts: 3
Joined: Fri Mar 29, 2019 4:30 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by ldn19 » Wed Apr 17, 2019 9:11 pm

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am
Did you declare that in the settled status application ?

I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
Yes, I declared my criminal conviction. When you apply for Settled Status, you only tick ‘yes’ or ‘no’ for the conviction question. There’s no further information they ask for re conviction.

If you were convicted, irrespective of how long it was, you would need to declare this in your application. Your conviction doesn’t show up on a Basic DBS because it is spent. If you were to do a standard or enhanced DBS, which shows all your convictions / cautions regardless if they are spent or not, then your conviction would show up. However, you will not be able to request a standard or enhanced DBS because its only really possible via an employer or charity (if you’re volunteering with kids for say). You could, like rooibos mentioned, do a Subject Access Request via ACRO, which is basically requesting to see the information held about you on the Police National Computer, which would show your conviction.

Your conviction is extremely minor, if it does come up on the SAR, which I’m 100% sure it will, then go ahead and declare it. I wouldn’t be worried at all if I was you.

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Thu Apr 18, 2019 5:25 pm

ldn19 wrote:
Wed Apr 17, 2019 9:11 pm
.

If you were convicted, irrespective of how long it was, you would need to declare this in your application.
Not if this doesn't show up on the PNC.

NikiGio
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Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: Settled Status and EEA PR approved with criminal conviction

Post by NikiGio » Sat Apr 20, 2019 8:04 am

askmeplz82 wrote:
Tue Apr 16, 2019 12:28 am
I've one criminal conviction too but i only went to a magistrate court and court fined me £200 for travelling without ticket that was 8 /9 years ago. should i declare it ?

I think they will look at it when you apply for British Citizenship .. ?
I would declare it - it won't affect your application. I had various driving fines and I declared them in my EEA (PR) application.
If you don't declare them, it could affect a citizenship application.
I am not an immigration lawyer. My comments are opinions, not legal advice.

SarahCol
Newly Registered
Posts: 7
Joined: Wed May 01, 2019 4:56 pm
Norway

Re: Settled Status and EEA PR approved with criminal conviction

Post by SarahCol » Sat May 25, 2019 8:52 pm

rooibos wrote:
Thu Apr 18, 2019 5:25 pm
ldn19 wrote:
Wed Apr 17, 2019 9:11 pm
.

If you were convicted, irrespective of how long it was, you would need to declare this in your application.
Not if this doesn't show up on the PNC.
Does that mean if it does not show up on the certificate I do not need to mention it?

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Settled Status and EEA PR approved with criminal conviction

Post by rooibos » Sun May 26, 2019 8:11 am

SarahCol wrote:
Sat May 25, 2019 8:52 pm
rooibos wrote:
Thu Apr 18, 2019 5:25 pm
ldn19 wrote:
Wed Apr 17, 2019 9:11 pm
.

If you were convicted, irrespective of how long it was, you would need to declare this in your application.
Not if this doesn't show up on the PNC.
Does that mean if it does not show up on the certificate I do not need to mention it?
That's exactly what I said.

hrak1978
Member of Standing
Posts: 323
Joined: Wed Jul 05, 2017 8:21 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by hrak1978 » Sun May 26, 2019 8:57 am

There are 3 main security levels in UK. DBS formerly CRB is one of the basic one. Your employer can only apply for those 3 level. Personally you cant but yes you apply for SAR like others members explained.

These enhanced levels are so deep even they will ask how many brothers u have what do they do etc..

My friend CTC was refused because his step son had a criminal record. So you can imagine.

But immigration have different criteria like our member friend got PR and Settle status with criminal record.

More details about security levels in UK u can find on below link.

https://www.gov.uk/guidance/security-ve ... -clearance
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

lotte89
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Posts: 3
Joined: Mon Jun 03, 2019 4:55 pm
Mood:
Czech Republic

Re: Settled Status and EEA PR approved with criminal conviction

Post by lotte89 » Tue Jun 04, 2019 7:46 pm

ldn19 wrote:
Sat Apr 13, 2019 1:34 pm
I thought I'd share my story with those who have criminal convictions and are worried about applying for EEA PR or Settled Status.

I have one criminal conviction, which I received around 10 years ago. I was sentenced to 14 months prison for Consp to commit Criminal Damage. Earlier this year, I applied for EEA PR with a covering letter and explained my story, and to my luck, my application was approved two months later. Subsequently, I applied for Settled Status and received my approval recently.

I hope my story can put some people's concerns at ease. Happy to answer any specific questions that anyone may have.
Can I ask how long it took you to receive confirmation of settled status?

ldn19
Newly Registered
Posts: 3
Joined: Fri Mar 29, 2019 4:30 pm

Re: Settled Status and EEA PR approved with criminal conviction

Post by ldn19 » Mon Jun 10, 2019 10:37 pm

lotte89 wrote:
Tue Jun 04, 2019 7:46 pm
ldn19 wrote:
Sat Apr 13, 2019 1:34 pm
I thought I'd share my story with those who have criminal convictions and are worried about applying for EEA PR or Settled Status.

I have one criminal conviction, which I received around 10 years ago. I was sentenced to 14 months prison for Consp to commit Criminal Damage. Earlier this year, I applied for EEA PR with a covering letter and explained my story, and to my luck, my application was approved two months later. Subsequently, I applied for Settled Status and received my approval recently.

I hope my story can put some people's concerns at ease. Happy to answer any specific questions that anyone may have.
Can I ask how long it took you to receive confirmation of settled status?
Received the outcome within 7 days. I wasn't expecting it to be that quick, thought it may take several months.

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