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Ask Waleed Hassan Your Own Question
Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 66
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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In the next 2 week i will have appointment to apply for the

Customer Question

Hi,
in the next 2 week i will have appointment to apply for the settlement as 10 year long residence.
However , on 13-Nov-2014 i received the notice of fine and collection order from Lavender Hill Magistrates's Court with the Offences and Impositions as "Travel on railway without paying fare ". Actually, because of i was using another person oyster with the discount, but i was on holiday on that time and then when i came back, i just got the letter from the court for the fine. Even i did not get any notice of penalties from TFL and it went straight to the court.
So the question is : Do i have to write down that offence in my application form as the criminal conviction ? If yes, do i have any way to explain to the home office that offence . As i think it will count to my good character which may be will affect my application.
Thanks
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
here is my notice of fine
Expert:  Waleed Hassan replied 1 year ago.

Thank you for your question, You have asked whether to disclose the fare evasion offence and will it affect your application.

I am afraid that fare evasion is a criminal offence, please see the TFL website confirming this:

https://tfl.gov.uk/fares-and-payments/penalties-and-enforcement

As it is a criminal offence, it may affect your application. I direct your attention to the Home Office law on this set out here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517633/ggfr_sec4_v26_0_ext.pdf

It will be a mandatory refusal because:

322 (1C) states

they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record

Also, fare evasion is considered a dishonest act and the Home Office could also consider your case under Rule 322 (5)

It is undesirable to let an applicant stay because of their character, behaviour or associations (including convictions which do not fall within paragraph 322(1C)), or because they are a threat to national security.

I strongly suggest that you go to a specialist lawyer for further advice as this forum is only for general information.

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