EEA4 Application - Two Criminal Convictions

[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.

Unfortunately after that Incident, I had a drunken incident recently, again it looked like fate was playing against me, long story but cut short I have one more conviction on my name and I received a community order again for that.

Now I have two convictions on my name.

Do not really know why all these things happended to me but I had gone through a terrible time and my wife always been in support of me

Despite all 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 two criminal record and need some help so that I can get some peace by assuring myself

Questions:

- What is the severity of the two criminal records I have 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]

The convictions should not have an impact on your application.

Just state it on the application.

[ukresident5]

Thanks for your immediate response and really appreciate your view.


How do they treat Applicants with Criminal Records?

Two criminal convictions I have are

Theft, Section 4 public order act

Community order sentence.

How do they see these convictions?

I have read somewhere they would reject if they feel an applicant is threat to Public policy, safety etc?

How does my convictions and sentence relate? Would it impact at all?

Have you had any cases like mine?

Should I go through a solicitor?

Thanks in advance!

[Directive/2004/38/EC]

If you had been convicted of something that resulted in more than two years of jail time (or one year if it involves sexual assult or some other serious) then it could result in refusal.

See http://www.whatdotheyknow.com/request/n ... ing-351556 for details.

[ukresident5]

Thanks for the reference.

Does that mean non custodial sentence like community orders is likely to impact the application.

Also, what does hold mean? Do they treat these cases separate?

Obie- Any thoughts on this.

Thanks for your help in advance!

[Directive/2004/38/EC]

If you are married to an EU citizen and have a non-custodial sentence, you should be fine.

[EUsmileWEallsmile]

Many of these questions were answered in your previous thread.