PR AND CONVICTIONS

[rabiauk2000]

Hi All,
Im due to apply for PR. I had a conviction in 2004. I was illegal and trying to fly out the UK to Canada, and I was caught at the airport with somones else passport. and sentenced to six months in a prison.
My question is, do I need to mention it on my application? is it a spent or unspent conviction?
Could it result in a application being refused? Please help me

[Amber]

Hi All,
Im due to apply for PR. I had a conviction in 2004. I was illegal and trying to fly out the UK to Canada, and I was caught at the airport with somones else passport. and sentenced to six months in a prison.
My question is, do I need to mention it on my application? is it a spent or unspent conviction?
Could it result in a application being refused? Please help me

Is this an application under domestic law for ILR or European Law for Permanent Residency? If neither is this a Naturalisation application for a person settled?

[rabiauk2000]

its a European law application eea4. I was married to an eea national. have retained my rights after divorce.

[Amber]

its a European law application eea4. I was married to an eea national. have retained my rights after divorce.

This is the wrong forum, this is for nationality. PR can be refused if in the interest of public security. However, whilst the Directive does not define public security it is unlikely that a single conviction would result in a refusal. However, where there is reason to believe that documents provided by an EEA national or family member as proof of nationality, identity or a relationship are counterfeit, forged or have been fraudulently obtained, then that person may be dealt with under UK immigration legislation. Providing you have legitimate documents it's unlikely to result in a refusal. The conviction became 'spent' after 7 years.

[kampk121]

its a European law application eea4. I was married to an eea national. have retained my rights after divorce.

This is the wrong forum, this is for nationality. PR can be refused if in the interest of public security. However, whilst the Directive does not define public security it is unlikely that a single conviction would result in a refusal. However, where there is reason to believe that documents provided by an EEA national or family member as proof of nationality, identity or a relationship are counterfeit, forged or have been fraudulently obtained, then that person may be dealt with under UK immigration legislation. Providing you have legitimate documents it's unlikely to result in a refusal. The conviction became 'spent' after 7 years.

Sorry to be on the wrong forum, I'm new to this. But it's great. People like you are a gift of God. I mean I really appreciated that some people are helping others without getting anything back.
Thanks for you answer my friend.
I was in a genuine relationship since 2005, and have all the documents and I'm still a friend with my partner.
It's a relief to hear that.
So I shouldn't mention it on my application? Since its been about 10 years since the sentence.
Another question please; in case of refusal would the HO tell you the reason of refusal? Would they allow appeal after that?
God bless.

[Amber]

its a European law application eea4. I was married to an eea national. have retained my rights after divorce.

This is the wrong forum, this is for nationality. PR can be refused if in the interest of public security. However, whilst the Directive does not define public security it is unlikely that a single conviction would result in a refusal. However, where there is reason to believe that documents provided by an EEA national or family member as proof of nationality, identity or a relationship are counterfeit, forged or have been fraudulently obtained, then that person may be dealt with under UK immigration legislation. Providing you have legitimate documents it's unlikely to result in a refusal. The conviction became 'spent' after 7 years.

Sorry to be on the wrong forum, I'm new to this. But it's great. People like you are a gift of God. I mean I really appreciated that some people are helping others without getting anything back.
Thanks for you answer my friend.
I was in a genuine relationship since 2005, and have all the documents and I'm still a friend with my partner.
It's a relief to hear that.
So I shouldn't mention it on my application? Since its been about 10 years since the sentence.
Another question please; in case of refusal would the HO tell you the reason of refusal? Would they allow appeal after that?
God bless.

You need to declare your convictions. However, given the elapsed time you should be fine, try not to worry.

[kampk121]

Thank you very much

[teawithlemon]

Hi All,
Im due to apply for PR. I had a conviction in 2004. I was illegal and trying to fly out the UK to Canada, and I was caught at the airport with somones else passport. and sentenced to six months in a prison.
My question is, do I need to mention it on my application? is it a spent or unspent conviction?
Could it result in a application being refused? Please help me

Yes mention it pls.

[kkworla]

I need your help gys. I am about to apply for Naturalisation, the problem I have here is that I had a drink driving ban on July 24th 2008. Next month will be five years from now which means it will become spent. I was fined and I moved addresses so I did not pay the court fine on time. I have paid all the amount last month and I am a bit worried that because I delayed in paying my court fine I will have some problem with the NATURILISATION PROCESS. I don't have any cautions or any civil judgements at all. I only defaulted on my court fine and I have paid. will this affect my naturalisation

[Amber]

I need your help gys. I am about to apply for Naturalisation, the problem I have here is that I had a drink driving ban on July 24th 2008. Next month will be five years from now which means it will become spent. I was fined and I moved addresses so I did not pay the court fine on time. I have paid all the amount last month and I am a bit worried that because I delayed in paying my court fine I will have some problem with the NATURILISATION PROCESS. I don't have any cautions or any civil judgements at all. I only defaulted on my court fine and I have paid. will this affect my naturalisation

See British Citizenship – Good Character Requirement FAQs Q2

[VR]

Hi,

As per guide AN see the below

Here is the link to the guide AN

http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

3. BREACH OF IMMIGRATION LAW
You should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. In other words, you must have had the necessary permission under the immigration laws to be in the UK.
You may be refused if
you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period.
If you came to the UK as an asylum seeker and/or as an illegal entrant (you entered the UK clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may be in breach of immigration laws during the residentialqualifying period if you had exhausted all your appeal rights and had not left the country ,even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave to remain during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions. Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period

[VR]

I need your help gys. I am about to apply for Naturalisation, the problem I have here is that I had a drink driving ban on July 24th 2008. Next month will be five years from now which means it will become spent. I was fined and I moved addresses so I did not pay the court fine on time. I have paid all the amount last month and I am a bit worried that because I delayed in paying my court fine I will have some problem with the NATURILISATION PROCESS. I don't have any cautions or any civil judgements at all. I only defaulted on my court fine and I have paid. will this affect my naturalisation

I do not think it should affect you as its well past 3 years. Submit all facts including when you were convicted and the settlement of the fine. Its a non custodial sentence. You can also refer to the section on Good Character in the guide link posted in this thread.

[Amber]

Hi,

As per guide AN see the below

Here is the link to the guide AN

http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

3. BREACH OF IMMIGRATION LAW
You should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. In other words, you must have had the necessary permission under the immigration laws to be in the UK.
You may be refused if
you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period.
If you came to the UK as an asylum seeker and/or as an illegal entrant (you entered the UK clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may be in breach of immigration laws during the residentialqualifying period if you had exhausted all your appeal rights and had not left the country ,even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave to remain during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions. Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period

This is not relevant to the OP as he/she is applying for PR card not naturalisation (yet, if at all). Also, the issue relates to 2004.