EEA4 Application - CR

[ukresident5]

Hi,

I am married to an EEA National and currently hold EEA2 RC valid until March 2014

My Details

- Came to UK first time in 2005 on Working Holiday Visa
- Met my wife in 2006
- Went back and applied for Fiancée visa, returned to UK and got married in 2008
- Received RC card in 2009

When I was first came to UK in 2005, I was very young and new to this country. The sad thing being new and very naive I was abused by a guy who used my bank account for wrong purposes. All this was in 2006(Almost six years ago)

I was contacted by police in 2010 and I told police everything and how I was misused. The case settled in 2011 and irrespective of knowingly or unknowingly accordingly to law I was charged under money laundering. I am not this type of man and this was biggest mistake of my life and took my peace away until the case was settled.

There were few more people in the case who got misused just like me by the same guy. Because I was misused and taken advantage, I was given just 120 hrs of unpaid work and I finished the unpaid work within no time and cleared everything.

Now I have a criminal record in my name.

The incident was in 2006 and police contacted me in 2010 and case settled in 2012. I have been issued fiancée and RC without any problems since that incident in 2006. I never got into any trouble after that.

I built my career in this country and have a good job paying me more than 33K.
I have always been employed all these years. My wife is a Teacher and has been exercising rights all these years apart from few months when she had a career break. I have medical insurance and my payslips to cover for that period.

I have all required documents like bank statements, payslips, P60's, Utility Bills, Marriage Certificate etc to support my application.

I am really worried about this criminal record and need some help so that I can get some peace by assuring myself

Questions:

- What is the severity of this type of criminal record for EEA4 Applications?
- Will it have any impact on my Application?
- Do you advice me to go through a solicitor?
- Next year July 2013, we will have completed our five years of marriage, can I apply immediately after that or should I wait till my RC expires which is March 2014?
- How long usually applications with criminal records take to process?
- Any other advice?

I would really appreciate any advice or help from anyone and also any similar case stories would help.

Many Thanks in advance!

[Obie]

I beleive you will be fine to apply for PR come next July.

The Criminal Record, like it did not affect the resident Card application, will not affect your PR application.

[ukresident5]

Hi,

Thanks for your prompt reply.

Resident Card was issued before I had a criminal record.

The case was opened in 2010 and settled in 2011 for the incident that hapended in 2006.

As I didn't have a criminal record when I applied for Resident Card in 2008, I obviously didn't put in my application however for EEA4 now that I have a criminal record I will have to disclose it.

Any thoughts?

[Obie]

You still will be fine. I don't believe the offence can be described as one that puts the public in danger, or can be described as threat to public policy.

I am sure you need not worry if that is the only offense that will hopefully be on your record till July 2013

[ukresident5]

Thank you for you reply. I am a bit releived now.

Also, When the case was live in 2011 CPS(Crown Prosecution Service) paid for my solictior fees. Would that be considered as any benefit?


- Should I go through a solicitor because of the criminal record?

- Does usually Applications with Criminal Records take longer? (I need to show my passport and visa every year to my employer)

[Obie]

Well 2013 is a bit far away to be thinking about lawyer, you plans might have changed by then. I believe you could do the application yourself. Even if the Criminal Record would have had an impact, according to law, which is not the case, i am doubtful if a solicitors intervention will make an impact.

I don't think your employment will be affected, you could make the application in 2013, and then request your passport if need arise and send it again so they can stamp your visa.

Under EU law, they are not allowed to take more than 6 months to deal with your application, whatever the circumstance.

[ukresident5]

Thank you a lot. Really appreciate your help.