UK Visa with Shoplifting Conviction in US

[wanttobeinuk]

Hi

I am Bangladesh citizen, currently in Bangaladesh and planning to apply for UK Visa.

There is a complication, some 30 months back in US , i was convicted for shoplifting of $30 grocery items. The sentence received was $300 fine OR 30 days in Jail. I paid $300 fine and case was closed.

I was looking at the General Grounds for Refusal rules, and I found out that "non-custodial sentences", which include fines, traffic offenses, etc., where the person was convicted within 12 months prior to making their application for leave to enter, there is a discretionary refusal. .

Here is where I found the info:

This section tells you how to consider applications when an applicant has or has had a non- custodial sentence.
If an applicant was:
convicted of, or admitted an offence for which they received a non-custodial sentence, or other out of court disposal recorded on their criminal record within the preceding:
o 12 months for entry clearance or leave to enter
o 24 months leave to remain
you must refuse the application, see related links:

http://www.ukba.homeoffice.gov.uk/polic ... rfl/rfl10/


My Questions
1) Is $300 fine OR 30 days in jail considered a "Non-custodial" sentence ? I paid $300 fine hence did not have to serve any jail time
2) Incident happened 30 months back , can y entry clearence be refused on criminal ground ? there has been more than 30 months since it happened
3) Should i disclose it ?

[reabs]

You don't mention what type of visa you are seeking. That is important in the context of what you are asking.

1) Is $300 fine OR 30 days in jail considered a "Non-custodial" sentence ? I paid $300 fine hence did not have to serve any jail time

It was non-custodial. You paid up and walked free. In the UK, custodial sentences for shop lifting are usually reserved for the worst of offenders who will have been given every opportunity to reform. Yours is low-level offending.

2) Incident happened 30 months back , can my entry clearence be refused on criminal ground ? there has been more than 30 months since it happened

Like with all things, yes, your application can be refused. You need to explain the mitigating factors surrounding the case and show the ECO that it was a one off, never to be repeated.

3) Should i disclose it ?

As it was a low-level overseas conviction that wouldn't be subject to biometric data sharing between countries, UKBA aren't likely to find it when they go looking. However, there may be a trail of bread crumbs that could lead to it and its eventual discovery. The consequences would be dire - 10 year automatic ban on any non-settlement application you make and lord knows how many discretionary after that.

Remember, it's a balancing act. If your visa application - say for a visitors visa is strong, this conviction may not outweigh the plus points of the application and it will be granted. If the application is generally a weak one, the conviction may push it over the tipping point.

[wanttobeinuk]

You don't mention what type of visa you are seeking. That is important in the context of what you are asking

It is Tier 2 ICT with already approved COS

[wanttobeinuk]

For Everyone's benefit - Finally, I wrote "Yes" on the form , attached official docs from court and got my visa in just 2 days after Biometrics