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Settled and pre-settled status for EU citizens and criminal record

Miguel — Tue, 14 May 2019 13:16:56 GMT

According to the guidelines for the "Settled and pre-settled status for EU citizens" scheme
https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status
[quote]

If you have criminal convictions

If you’re 18 or over, the Home Office will check you have not committed serious or repeated crimes, and that you don’t pose a security threat.

You’ll be asked about your criminal history in the UK and overseas. You’ll also be checked against the UK’s crime databases.

If you’ve only been convicted of a minor crime, for example you’ve had a speeding fine, you’ll still be eligible for settled or pre-settled status.

You may still get settled or pre-settled status even if you have other convictions. This will be judged on a case-by-case basis.

[/quote]

As I explained in one of my earlier threads, I'm not 100% sure what my criminal record is.

Will the Home Office use the PNC or other records? What should I declare as my criminal record?

Thanks.

RE: Settled and pre-settled status for EU citizens and criminal record

AB2014 — Tue, 14 May 2019 13:16:56 GMT

[quote]

[b]BenS - 14 May 19 12:50 PM[/b]

[quote]

[b]Miguel - 14 May 19 8:35 AM[/b]

[quote]

[b]Yankee - 13 May 19 10:17 AM[/b]

Well done, that must be a relief for you.

On British citizenship, you should take the full year to consider whether you want to elect to be English, Scottish, Welsh or Northern Irish - if you have friends from any of those countries, I'm sure they wil try and convince you theirs is the best!

[/quote]

If Scotland was independent, I'd hurry up and claim citizenship right now. I'd walk to Aberdeen barefoot (way more than 500 miles from here!).

[/quote]

Same here!

The most beautiful part of the UK (one of the most beautiful places in the world), brilliant people and by far the most sensible place politically.

[/quote]

I've heard it said that New Zealand was created to compensate antipodeans for being so far from Scotland.... ;)

RE: Settled and pre-settled status for EU citizens and criminal record

BenS — Tue, 14 May 2019 12:50:37 GMT

[quote]

[b]Miguel - 14 May 19 8:35 AM[/b]

[quote]

[b]Yankee - 13 May 19 10:17 AM[/b]

[/quote]

If Scotland was independent, I'd hurry up and claim citizenship right now. I'd walk to Aberdeen barefoot (way more than 500 miles from here!).

[/quote]

Same here!

The most beautiful part of the UK (one of the most beautiful places in the world), brilliant people and by far the most sensible place politically.

RE: Settled and pre-settled status for EU citizens and criminal record

AB2014 — Tue, 14 May 2019 08:49:48 GMT

[quote]

[b]Miguel - 14 May 19 8:35 AM[/b]

[quote]

[b]Yankee - 13 May 19 10:17 AM[/b]

[/quote]

If Scotland was independent, I'd hurry up and claim citizenship right now. I'd walk to Aberdeen barefoot (way more than 500 miles from here!).

[/quote]

I hear what you're saying. I could claim Scottish citizenship by marriage. Even though I haven't seen my wife for years, we're still married. Sadly, my Irish ancestry is one generation too far back for me to claim. :(

RE: Settled and pre-settled status for EU citizens and criminal record

Miguel — Tue, 14 May 2019 08:35:39 GMT

[quote]

[b]Yankee - 13 May 19 10:17 AM[/b]

[/quote]

If Scotland was independent, I'd hurry up and claim citizenship right now. I'd walk to Aberdeen barefoot (way more than 500 miles from here!).

RE: Settled and pre-settled status for EU citizens and criminal record

Yankee — Mon, 13 May 2019 10:20:51 GMT

[quote]

[b]Yankee - 13 May 19 10:17 AM[/b]

[quote]

[b]Miguel - 10 May 19 8:51 AM[/b]

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

Best wishes

Debbie

[/quote]

Hi, a little update.

I eventually submitted my Settled Status application last week and I've just received confirmation that I have Indefinite Leave to Remain under the EU Settlement Scheme. I did not declare any criminal record, so it appears I didn't have to, otherwise the H.O. would have thrown an exception, as they surely check against the Police database.

Next stage could be UK citizenship, maybe, but I'll have to wait a full year anyway.

[/quote]

Hi Miguel - I was only joking.

Many years ago I had an American colleague who was applying for British citizenship and we told him he had to choose one of the four home nations and got everyone in the office to start lobbying him on behalf of their country (the Scotsman got carried away with the bottle of whisky and shortbread biscuits). Great wind up that went on for several days....

RE: Settled and pre-settled status for EU citizens and criminal record

Yankee — Mon, 13 May 2019 10:17:24 GMT

[quote]

[b]Miguel - 10 May 19 8:51 AM[/b]

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

Best wishes

Debbie

[/quote]

RE: Settled and pre-settled status for EU citizens and criminal record

AB2014 — Fri, 10 May 2019 12:57:15 GMT

[quote]

[b]Miguel - 10 May 19 8:51 AM[/b]

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

Best wishes

Debbie

[/quote]

Congratulations on your success! It's good to know the system actually works.

RE: Settled and pre-settled status for EU citizens and criminal record

Miguel — Fri, 10 May 2019 08:51:36 GMT

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

Best wishes

Debbie

[/quote]

RE: Settled and pre-settled status for EU citizens and criminal record

Cutehs2 — Sat, 30 Mar 2019 11:51:16 GMT

I am Francophone Caribbean and came to the UK with my parents aged eight. I was naturalised in the early 90s and became a British citizen last year, despite the caution and conviction (theft of a pineapple and false representation - an overpayment of benefits). Be sure to disclose your full criminal record and make sure a certain period of time has elapsed before you apply (read the guidance notes). Character references are also good. I was a nursing student at the time, so my personal tutor and a placement mentor wrote these on my behalf. I am now a qualified nurse working for the NHS.

RE: Settled and pre-settled status for EU citizens and criminal record

AB2014 — Thu, 28 Mar 2019 10:43:25 GMT

[quote]

[b]Frances - 28 Mar 19 10:16 AM[/b]

Like Miguel, I'm going to have to apply for settled status. I have a criminal record and served a prison sentence so this might make me ineligible.

Even if I'm not excluded because of my criminal record, there are other complications. I've been 'working' as an unpaid carer for my husband so I don't have any payslips to prove that I've been working in the UK. Also, I don't have my own bank account - when I left prison I had very little ID and so opening an account was really difficult.

Can anybody help me? Do you think I'll get settled status.

Frances

[/quote]

It's worth looking at Unlock's information here. The stuff about settled status is quite a way down the page, so don't give up! They obviously didn't deport you, which is a good sign, and it looks like an applicant who has been to prison needs five years continuous residence since release. If that's a problem, don't forget there's always pre-settled status as well. As for the unpaid caring, it might also be worth looking at the government information here.

RE: Settled and pre-settled status for EU citizens and criminal record

Frances — Thu, 28 Mar 2019 10:16:42 GMT

RE: Settled and pre-settled status for EU citizens and criminal record

Deb S — Wed, 20 Mar 2019 08:17:04 GMT

[quote]

[b]Miguel - 20 Mar 19 7:47 AM[/b]

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

[/quote]

I haven't done it yet. I'm too afraid I'll get a rejection (and not for the criminal record thing). I'm also considering leaving the country. Britain 2019 is not as welcoming as Britain 1995.

[/quote]

Hi Miguel

Found this about the Warning Index System which might help to set your mind at rest - https://www.theregister.co.uk/2013/12/10/border_control_disaster_story/. We've also got details of organisations offering immigration advice on our information hub site - https://hub.unlock.org.uk/important-links/#Immigration.

Good luck with whatever you decide to do.

Debs

RE: Settled and pre-settled status for EU citizens and criminal record

Miguel — Wed, 20 Mar 2019 07:47:19 GMT

[quote]

[b]Deb S - 19 Mar 19 1:57 PM[/b]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

[/quote]

I haven't done it yet. I'm too afraid I'll get a rejection (and not for the criminal record thing). I'm also considering leaving the country. Britain 2019 is not as welcoming as Britain 1995.

RE: Settled and pre-settled status for EU citizens and criminal record

Deb S — Tue, 19 Mar 2019 13:57:04 GMT

[quote]

[b]Miguel - 24 Jan 19 9:36 AM[/b]

Thanks. I'll go for not declaring anything.

[/quote]

Hi Miguel

I'm really interested for an update on your application for settled status. How did you get on?

Best wishes

Debbie

RE: Settled and pre-settled status for EU citizens and criminal record

Miguel — Thu, 24 Jan 2019 09:36:58 GMT

Thanks. I'll go for not declaring anything.

RE: Settled and pre-settled status for EU citizens and criminal record

Yankee — Wed, 23 Jan 2019 22:17:05 GMT

[quote]

[b]Miguel - 23 Jan 19 8:52 AM[/b]

Anyone?

PLEASE!!! I need to apply for Settled Status as soon as possible!

In the meantime, I found this on the EU Settlement Scheme caseworker guidance

p37:

[quote]All applications are subject to a check against the Police National Computer (PNC) and the Warnings Index (WI). From information provided by the applicant and obtained from the PNC and WI, UK Visas and Immigration must conduct an initial assessment of suitability, taking account of length of previous residence where relevant, to establish whether the application should be referred to Immigration Enforcement (IE) for full case by case consideration of the individual’s conduct under the public policy, public security or public health test as set out in the EEA Regulations 2016.[/quote]

I'm not sure what the Warnings Index is, but with regards to the PNC, there is nothing on record in my case.

Can anybody put my mind at rest and confirm me I don't have to declare anything?

Thanks.

[/quote]

If there are no entries on the PNC there will be no entries on the Warnings Index in respect of any criminality or concerns from a UK perspective.

The Warnings Index is used primarily by UK Border force for immigration purposes and will contain information about people of interest received via alerts from other countries e.g. terrorism watch lists, interpol notices, ...

Unless you have committed a very serious crime overseas and it has been flagged to the UK authorities, you will be OK.

(Note that the UK authorities cannot check criminal records in other countries if you are not an UK national)

RE: Settled and pre-settled status for EU citizens and criminal record

Miguel — Wed, 23 Jan 2019 08:52:46 GMT