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Urgent - ILR application with FPN for Shoplifting

Posted: Wed Feb 29, 2012 5:20 pm
by smiley33
Hi,

I am a dependent on a tier 1 holder and we have a PEO appiontment in 3 weeks to apply for ILR.
I went into a supermarket took and paid for some items but on leaving the shop the alarms went and unfortunately I had an unpaid item amongs them but in shock I couldn't talk and the police was called. The police issued me with an FPN even though they said they did not believe I had any intention of stealing an item worth £5 especially after paying £60 for the others. She explained that it will relief me of any liability and was not an admission of guilt.

I did not tell my husband this at the time (June 2010) as we were having some problems. I only told him about it yesterday after reading some post on this forum.
To cut it all short, he says he will not declare it as it is neither a criminal offense or a civil judgement and as it was not an admission of guilt. I am worried this may result in a refusal. Is he correct? Should I let him apply alone so that I submit an application after he has got it?

Posted: Wed Feb 29, 2012 7:08 pm
by ban.s
also check this - PND

Posted: Wed Feb 29, 2012 7:24 pm
by smiley33
ban.s wrote:also check this - PND
Many thanks ban.s. I have read through the link posted by sushdmehta
as well and it appears my husband is right. So can we apply without declaring the FPN as he wants to do?

Posted: Thu Mar 01, 2012 12:28 am
by angelloveguy
please check the below link where someone got his ILR with conviction.

http://www.immigrationboards.com/viewtopic.php?t=94854

Posted: Thu Mar 01, 2012 8:46 am
by smiley33
angelloveguy wrote:please check the below link where someone got his ILR with conviction.

http://www.immigrationboards.com/viewtopic.php?t=94854

Thanks angelloveguy. I am trying to establish whether my husband is right in deciding not to declare my FPN as that will help me decide whether to apply with him or not. Any firm advice will be greatly appreciated from anyone.

Posted: Thu Mar 01, 2012 6:46 pm
by ban.s
even if you declare, it should not have any impact the final decision as this should be disregarded by the cw (as per the rules).

Posted: Thu Mar 01, 2012 10:35 pm
by smiley33
ban.s wrote:even if you declare, it should not have any impact the final decision as this should be disregarded by the cw (as per the rules).
I have booked a separate appointment a few days after my husband's appointment as he says he will not declare it due to reasons stated in original post. I do not want to create problems for him if it comes up and they say he tried to hide it. It will cost a lot more but I am not sure if I have other options.