UK permanent resident with Criminal record ; possible ?

[loaiuk]

long story short...

 

if you read in my other post back in 2010 you will see that i was issued a fine by London Magistrate court where i plead guilty for travelling without a VALID ticket ( used someone else freedom pass )

 

i could have argued and won the case in the court according a lawyer but i really didn't bother because i was told at that time that this sort of criminal record stays maximum 1- 2 years

 

but now i read in forum that Criminal record for any fines by court stays in the database for 5 years and i have to declare it all the time

 

The problem is If i apply for PR RESIDENT will this effect my application? ( EUROPEAN ROUTES ) I heard Home office automatically refused all application with criminal record.

 

I am really worried. That's the only bad record i've in file. Since then i never ever travelled without any valid ticket

[BazzaS]

long story short...

 

if you read in my other post back in 2010 you will see that i was issued a fine by London Magistrate court where i plead guilty for travelling without a VALID ticket ( used someone else freedom pass )

 

i could have argued and won the case in the court according a lawyer but i really didn't bother because i was told at that time that this sort of criminal record stays maximum 1- 2 years

 

but now i read in forum that Criminal record for any fines by court stays in the database for 5 years and i have to declare it all the time

 

The problem is If i apply for PR RESIDENT will this effect my application? ( EUROPEAN ROUTES ) I heard Home office automatically refused all application with criminal record.

 

I am really worried. That's the only bad record i've in file. Since then i never ever travelled without any valid ticket

 

Why plead guilty if you weren't?

 

From http://www.consumeractiongroup.co.uk/forum/showthread.php?250829-Caught-using-Freedom-Pass-...-now-what/page2 : you found a Freedom Pass, and used it "accidentally"?.

If they prosecuted you under S5.3 RRA 1889 you could have claimed "no intent to avoid your fare", but all TfL need have done is pursue an alternate (& 'strict liability') Bylaw prosecution : If your lawyer believes you'd have won that, they must be Perry Mason!

 

I'd suggest seeking advice from a lawyer specialising in Immigration law regarding the effect of your conviction.

 

Bottom line : if you want to keep a visa / obtain permanent residency or indefinite leave to remain : don't commit a criminal offence while "a guest" in the UK (the same applies for UK citizens seeking residency abroad or e.g. visa-waiver travel to the USA).

Edited July 22, 2013 by BazzaS

[loaiuk]

Thanks because I was a student lawyer charge £500 and somebody told me it doesn't stay long in the record

Now I heard it is 5 years and that's along

 

No other bad record ,

[BazzaS]

The period before your conviction is spent is 5 years, if you were 18 or over at time of conviction

http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf

 

Was this a s5 RRA 1889 prosecution ? As this can (according to the CPS guidelines on prosecution) be viewed as the "principal form of dishonesty affecting public transport") and the UKBA guidelines saying that one minor offence can be disregarded but specifically say crimes of dishonesty don't qualify for this exemption

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

 

If this was a Bylaw prosecution you need to find out if it falls into the "minor offence, one offence may be disregarded" category : otherwise it is likely your application would be refused until your conviction is spent.

 

Again, you can ask here, but I'm not an expert, and you may be better seeking qualified, expert legal advice from a lawyer specialising in immigration matters.