theForum is run by the charity Unlock. We do not actively moderate, monitor or edit contributions but we may intervene and take any action as we think necessary. Further details can be found in our terms of use. If you have any concerns over the contents on our site, please either register those concerns using the report-a-post button or email us at forum@unlock.org.uk.


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


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

Author
Message
Miguel
Miguel
Supreme Being
Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)

Group: Forum Members
Posts: 17, Visits: 351
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

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.



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.

Miguel
Miguel
Supreme Being
Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)

Group: Forum Members
Posts: 17, Visits: 351
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:

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.


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.

Edited
7 Months Ago by Miguel
Yankee
Yankee
Supreme Being
Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)Supreme Being (15K reputation)

Group: Forum Members
Posts: 174, Visits: 734
Miguel - 23 Jan 19 8:52 AM
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:

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.


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.

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)



Miguel
Miguel
Supreme Being
Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)

Group: Forum Members
Posts: 17, Visits: 351
Thanks. I'll go for not declaring anything.


Debbie Sadler
Debbie Sadler
Supreme Being
Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)

Group: Forum Members
Posts: 361, Visits: 4.3K
Miguel - 24 Jan 19 9:36 AM
Thanks. I'll go for not declaring anything.


Hi Miguel

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

Best wishes

Debbie

Need Unlocks advice? Visit our self-help information site or contact our helpline
Miguel
Miguel
Supreme Being
Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)Supreme Being (1K reputation)

Group: Forum Members
Posts: 17, Visits: 351
Deb S - 19 Mar 19 1:57 PM

Hi Miguel

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


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.

Debbie Sadler
Debbie Sadler
Supreme Being
Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)Supreme Being (62K reputation)

Group: Forum Members
Posts: 361, Visits: 4.3K
Miguel - 20 Mar 19 7:47 AM
Deb S - 19 Mar 19 1:57 PM

Hi Miguel

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


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.

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

Need Unlocks advice? Visit our self-help information site or contact our helpline
Frances
Frances
Supreme Being
Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)Supreme Being (689 reputation)

Group: Forum Members
Posts: 4, Visits: 7
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

AB2014
AB2014
Supreme Being
Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)Supreme Being (27K reputation)

Group: Forum Members
Posts: 368, Visits: 2.9K
Frances - 28 Mar 19 10:16 AM
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

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.
Cutehs2
Cutehs2
Supreme Being
Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)Supreme Being (3.6K reputation)

Group: Forum Members
Posts: 18, Visits: 743
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.

GO


Similar Topics


As a small but national charity, we rely on charitable grants and individual donations to continue running theForum. We do not deliver government services. By being independent, we are able to respond to the needs of the people with convictions. Help us keep theForum going.


Login
Existing Account
Email Address:


Password:


Select a Forum....
























































































































































































theForum


Search