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Lawyer21, CILEx Lawyer
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I wanted to ask if I can apply for a presettled status? I

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Hi. I wanted to ask if I can apply for a presettled status? I first came to the UK IN 2016 and worked as a carer for about 6 months. In June 2017 I went back to Romania but I was caught in the London bridge attacks - ( I had all my luggage, phone, laptop, wallet with ID, everything locked in a pub). I had a very difficult time as a was caught on the street at night wit ought nothing, the police took me to the hospital where they said that they can't help ( I wanted to be recommended to a shelter or anywhere safe until I could contact my family). I was basically taken out of the hospital by a security guard and got charged with racially aggravated offence by him. He said I called him black something although I don't remember much from that night and I was given PTSD diagnostic in Romania which was later confirmed by a doctor in the UK during my trial. I came back in 2018, because of my PTSD and because I had learned that because I didn't attend trial a warrant of arrest was issued on my name. Anyway, I came back, I had a trial and I was given a conditional discharge although the doctor assessed that I had indeed suffered from PTSD. I have been here since, working as a carer. Took a vacation in September 2019, about a month and since then I have been here, working. In 2017, during the same time of the attack, after I managed to get my things back, I had another incident when because I was staying in the hallway of the hostel after my check out time, the police was called and I was taken to the police station for refusal of leaving the property or something like that, although I was not at all behaving aggressive in any way. I don't even understand why that happened, but I think I got a fine that I payed and that was that. It was a very stressful time for me from the attack and until I got back to Romania. Now I want to apply for the presettled status and I wanted to ask if I can do that. I work as a carer, I work with all kinds of people, vulnerable people, black people, people with disabilities and so forth and I am good carer. I am calm and compassionate by nature and that incident that happened after the London Bridge attacks is by no means a testimony to my character. I also wanted to ask if I am refused presettled status do you think I have a good change to challenge it? Thank you.
JA: Where are you? It matters because laws vary by location.
Customer: Hi, I am in Brackelsham now working as a carer
JA: What steps have you taken so far?
Customer: I have not applied for presettled status yet, I am going to on Thursday but I wanted to talk to somebody before because I read that people with a criminal record may be refused.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: although I read that it is people who had served 12 months in prison or more but I also read that somebody with conditional discharge was also refused

Hi How can I help?

If you do not qualify for settled status for not completing five years for exercising EU treaty rights in the UK - you would be granted pre settled stay instead. The criminal convictions yes could result in the application being refused. If it is you can challenge by way of administrative review only. Technically if that is refused by way of judicial review.

The Home Office will consider each case on its individual merits

I hope this answer your question.

Thank you

I would be grateful if you could give me a positive rating by clicking on the above and press submit

Customer: replied 6 months ago.
I have a conditional discharge and possibly a fine. How serious do you think that is?
Customer: replied 6 months ago.
i only want to apply for presettled status
Customer: replied 6 months ago.
I would prefer to message if that's ok

It is fairly serious as it was a conditional discharge and fine. It should be fine and go through

It is very important that it is disclosed

Customer: replied 6 months ago.
What I want to know, considering my extreme situation, if I am denied presetled status do you think I have a good change if I challenge it? I know it is serious I just think it's so unfair that because of an incident like - after a terrorist attack - and the extreme condition I was left in - I would in the end also be denied stay in the UK.

Thank you - please don’t forget to give a positive rating by clicking on above

Customer: replied 6 months ago.
this is what I read on the government website :
Article 20 of the Withdrawal Agreement5 sets out the limited basis on which status can be restricted on ‘conduct’ grounds (which includes criminality). Conduct prior to the end of the transition period (i.e. 31 December 2020 in a ‘deal’ scenario or 31 October 2019 in a ‘no-deal’ scenario) ‘shall be considered in accordance with Chapter VI of Directive 2004/38/EC’ in determining whether it can restrict the right to residence. The EU Settlement Scheme: Suitability Criteria sets out the relevance of criminality. EU citizens may face deportation action for historic offences if they have:
 Received any sentence of imprisonment at all within the last 5 years;
 At any time (no matter how historic) received a sentence of 12 months or more for a single offence;
 For those resident in the UK for less than five years, if in the last 3 years they received 3 or more
convictions (including with non-custodial sentences);
 Previous involvement in serious deception such as sham marriage or assisting unlawful immigration;
 If the case is of interest to Criminal Casework in respect of deportation or exclusion, for example where
the applicant is in prison and the case is awaiting deportation consideration.
Chapter VI of Directive 2004/38 (Articles 27-33)6 sets out a number of safeguards to protect EU citizens against expulsion, including a requirement to take into account the age, health, family relationships and social and cultural integration of the individual (Art 28(1)). Conduct (including any criminal convictions relating to it) before the 31 December 2020 is to be assessed according to the current EU public policy/public security/public heath test, as set out in the EEA Regulations 2016. In essence, applicants should only be refused status due to conduct or criminality on the basis of ‘serious grounds of public policy or public security’ (Art 28(2)).
Customer: replied 6 months ago.
I don't find my self in any of those categories so that's why I am asking
Customer: replied 6 months ago.
or am I? applicants should only be refused status due to conduct or criminality on the basis of ‘serious grounds of public policy or public security’ (Art 28(2)). It seems dough that my conditional discharge for racially aggravated use of words with intent to cause distress - fits into public security. I don't know. The truth is, again, it was a very extreme situation when at 2 'clock in the morning after the attacks at London Bridge, I found myself not the street, no phone, no money, no wallet nothing everything having been locked down in a pub where I was. I needed help and there was none. And the security guard from the hospital simply took me out although was not behaving in an agressive manner at all. I know these are all mitigating circumstances but i guess the jury simply decided that if I did say something that was racists, alt ought that was not my intention. anyway, they decided I should be guilty of it.

You are not in theses category and this is why you can apply for Pre-settled status in the United Kingdom. You simply need to disclose/declare them and be granted Pre-settled status in the UK.

Customer: replied 6 months ago.
I understand how serious this is, nonetheless I still believe it would not be fair that because of this I should be denied stay. that is why i want to know if I challenge a denied presetled status, do you think I have a change of winning? that's very important for me to know
Customer: replied 6 months ago.
ok. so you say that normally I SHOULD get a presettled status

You certainly have grounds to challenge it. They have not refused many cases unless it is serious/very serious!

Do let me know how you get on - have a nice evening!

Customer: replied 6 months ago.
ok, thank you

Before you go, if you could give me a positive rating I would appreciate it and can continue to help other customers. Many thanks

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