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


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

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Miguel
Miguel
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Posts: 29, Visits: 410
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.

Yankee
Yankee
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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)



GO


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