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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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What is the process to apply for a spent conviction in NSW.

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What is the process to apply for a spent conviction in NSW. I was convicted of Malicious damage under $1000 in Sydney after a road incident which occurred at a time of great stress in my life in 1998 and was followed by treatment for hypertension and other stress management processes. I am traveling to Europe and the UK in April and believe this may assist in getting a general visitor visa. The Visa questionnaire includes "Do I have a criminal conviction". Is it true that I do not have to disclose if the conviction is "Spent" or do you have any advice regarding the possible outcome of applying for a Visa disclosing this conviction? I will also be stopping over in Phuket on the return, will a Visa be required ?. I have read what I can on the internet and although there is a detailed document from WA I cannot find any specific help for NSW. Your assistance would be greatly appreciated as I was made redundant in 6/2012 and have yet to find further work. I am 57 and have applied for a Carers payment for the work I do looking after my elderly mother in her own home. Yours faithfully

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What sentence did you receive for this convection?
Customer: replied 1 year ago.

It was a fine for the cost of the damage to the cars mudguard where I kicked it (after it had tried to run me off the road on my bike) around $900 I think but under $1000

Expert:  Thomas replied 1 year ago.
Hi

I'm on my phone now, I will be able to answer in an hour..

Tom
Customer: replied 1 year ago.

Many thanks...

Expert:  Thomas replied 1 year ago.
No problem. A
Expert:  Thomas replied 1 year ago.
Hi

Thanks ford your patience.

You will see from the visitors visa application form available for download on the following link that it asks whether you have any spent or unspent convictions.
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/


This means that you should disclose the existence of the conviction. However under the rehabilitation of offenders act the offence would have been spent 5 years from the date of the conviction.

It therefore qualifies as an unspent conviction.

You should disclose the sentence that you received and also any mitigation explaining why you carried out the offence.

If you do this and provide character references from persons of authority who can speak to your good character then you still have a very good chance of having your visa application approved.

If this is useful please kindly rate my answer as okay service for about.

If you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards.


Tom
Thomas, Solicitor
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Thanks for your response. I will review the document you referred to and proceed with the application.


 


Regards


 


Ken

Expert:  Thomas replied 1 year ago.
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