Conditional Discharge effects on tier 5 youth mobility visa

[nab008]

Hi all,

So last year june 23rd 2017 i recieved a Conditional Discharge for an assualt whilst on a working holiday in canada with 1 year probation.

this is the only thing iv ever done wrong with the law and was just in the wrong place at the wrong time now with massive regrets obviously

I stayed in canada until my visa expired in october 2017 and now living back in australia.

I am in the process of applying for a tier 5 youth mobility visa for the UK as my girlfriend is from the UK and we would like to spend some time there.

I am booked in for my biomentric interview next month. But I am stressing about if I will be denied becuase i am still on probation?

My probation ends june 23rd 2018 and i plan to enter Uk on July 18th 2018

so my probation will have ended before I enter the UK

Can anyone put my mind at ease or provide any information on my chances?

Thanks alot

[Casa]

It's not simply a question of whether your period of probation has been completed, it's also the issue of having committed an offence.

Note from the following from the application form VAF2:

7.6 Do you have or have you ever had any of the following, in the UK or in a different country?

• a criminal conviction
• a penalty for a driving offence, eg disqualification for speeding or no insurance
• an arrest or charge for which you are currently on, or awaiting trial
• a caution, warning, reprimand or other penalty
• a civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or
anti-social behaviour
• a civil penalty issued under UK immigration law

https://www.gov.uk/government/uploads/s ... t-2016.pdf

[vinny]

A refusal under 320(18A) is possible, if you apply within 12 months of the conditional discharge.

If your 12 months is up before you are due to enter the UK, then you may have a chance.

Have you applied too early?

[nab008]

Thanks for your reply. I have set the date of entry into the UK a month after my probation ends.I would set it later but as I turn 31 in april i have to have application in before then

Do people still get accepted with offences? or is it possible still because it was discharged?

thanks for your help

[Casa]

Regarding the completion of your probationary period, the decision will be made in respect of the date your Tier 5 application is submitted, not the date of intended entry into the UK.

IMHO a Tier 5 visa is unlikely to be granted while you are still under probation. Have you read through Vinny's links

Note the following under Canadian law:
An absolute discharge will appear on your criminal record for one year and a conditional discharge will appear on your criminal record for 3 years.