UK work visa with pending criminal charge [closed]

UK work visa with pending criminal charge [closed] - Architectural Photography of Blue and Gray Building

I have a tier-2 work visa application in progress. I had submitted the application on 24th December and my appointment is on 3rd of January. I am an Indian citizen currently residing and working in Berlin, Germany. I was traveling in train on 25th Dec and unfortunately forgot to purchase a valid ticket. The controller handed me over to the police who made a report/charge, for criminal offence, and gave me a fine for 60 euro. I paid the fine immediately and asked the police what will happen with the charge. They said in most cases it is scrapped and I will get the outcome by notice in about a month. I have already selected, no, as an answer for any criminal conviction/charge, in my visa application. What should I do about it ? The police said because it’s a very small offence it should not affect my visa application but I’d appreciate more input on this matter.

------EDIT------- The document I received, states that:

In German:

Beschuldigtenvernehmung im Strafverfahren

"Erklärung. Mit wurde eröffnet, welche Tat/Taten mir zur Last gelegt wird/werden (§163a Abs.4 StPO).(siehe Seite 2)". In a separate document the charge is "Erschleichen von Leistungen" Ends with, "Ich gebe die Tat zu. Ich gene die Tat nicht zu" (I have selected neither)

In English:

Police questioning in criminal proceedings.

Declaration: I have been informed of the offence with which I am charged. (the offence is fraudulent acquisition of payments, in a separate document) Then there is information about my rights for getting a lawyer. The document ends with wether I admit the charge or not, I have not selected anything.



Best Answer

As far as German law is concerned, you have not been charged or convicted of a crime or misdemeanor yet. Those 60 euros you paid are not a fine, they are an increased fare.

The police will investigate (i.e. write up what you and the conductor said) and pass the information to the prosecution, which has the options of charging you (Anklage), offering a plea bargain (Strafbefehl), or closing the case (Einstellung).

It would be remarkably fast if anything happens before your visa interview, so at that point you will be neither charged nor convicted. You will be under a police investigation that may or may not result in a charge.




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Can you get a UK visa if you have a criminal record?

General rules for entry clearanceThose seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

Do I need to declare spent convictions for UK visa?

How criminal records are assessed. Applications for leave to remain are exempt from (i.e. not covered by) the Rehabilitation of Offenders Act 1974. This means that you need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI), even if they are spent.

Will a caution affect my visa application UK?

Yes. Applications for leave to remain are exempt from the Rehabilitation of Offenders Act 1974 (ROA). This means that you must declare all police cautions on your application, even if they are spent.

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Canadians do not need a visa to visit European countries (as long as the stay is not longer than 90 days) and the vast majority of visitors are not asked about their criminal convictions at the border. Therefore, for holidays and short trips, it is usually okay to enter Europe if you have a criminal record.



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