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Buachaill, Barrister
Category: UK Immigration Law
Satisfied Customers: 10110
Experience:  Barrister 17 years experience
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I am filling out a Tier 4 Visa (PBS) and one of the

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I am filling out a Tier 4 Visa (PBS) and one of the questions states if I have ever been convicted of a crime. I have had a case be dismissed the the record of the incident sealed. Should i include this, or not?
Submitted: 4 months ago.
Category: UK Immigration Law
Expert:  Buachaill replied 4 months ago.

1. Dear Oliver, there is a presumption of innocence until proven guilty. In practice, this means you don't have to disclose any offences you were charged with or which were dismissed against you because in law you are considered innocent of these offences. Accordingly, if you are applying for a Tier 4 visa you don't have to include a case which was dismissed against you, as you are considered innocent of this offence under the Human Rights Act. The test under the Tier 4 visa of "good character" only means you have to disclose those offences of which you were convicted. Not those which were dismissed.

Expert:  Buachaill replied 4 months ago.

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