In court soon regarding Benefit fraud

[Hammy1962]

What subject is your Degree in?

 

H

[sakwer]

What subject is your Degree in?

 

H

 

Civil Engineering. I have finished my degree this June with upper s2nd class 2:1

[sgtbush]

You'll be able to get a good job (hopefully) and pay the money back

[sakwer]

You'll be able to get a good job (hopefully) and pay the money back

 

I already have paid back every single penny soon after Interview under caution.

All I am worried about is the criminal record will become an obstacle in getting a job.

[unclebulgaria67]

Thank you so much for your advice.

Also, I do not hold British citizenship but I have Indefinite Leave to Remain. In future when I apply for Nationality would I be rejected by Home office because I committed fraud?

 

I think you would have to read the terms of the indefinite leave to remain status. I seem to remember reading that this status does require certain standards of behaviour and if you are found guilty of a criminal offence, that this status can be reviewed.

 

I would suggest you obtain legal advice and see what happens.

[sakwer]

I think you would have to read the terms of the indefinite leave to remain status. I seem to remember reading that this status does require certain standards of behaviour and if you are found guilty of a criminal offence, that this status can be reviewed.

 

I would suggest you obtain legal advice and see what happens.[/QU OTE]

 

I will get help thank you so much.

[unclebulgaria67]

I already have paid back every single penny soon after Interview under caution.

All I am worried about is the criminal record will become an obstacle in getting a job.

 

You may be asked to disclose this, depending on the application process. It might restrict which jobs are available to you, because issues of about honesty might be very important to an employers.

[sgtbush]

I already have paid back every single penny soon after Interview under caution.

All I am worried about is the criminal record will become an obstacle in getting a job.

 

Well yes is the simple answer.

Any employer that does a DBS check on you will see ( if found guilty) that you have been done for fraud.

Not the best situation if your a civil engineer, handling multi million pound contracts etc etc

[BazzaS]

Thank you so much for your advice.

Also, I do not hold British citizenship but I have Indefinite Leave to Remain. In future when I apply for Nationality would I be rejected by Home office because I committed fraud?

 

It could count against you : not only was it fraud but it was against public funds (and those to which you had no entitlement).

 

However, what is done is done, both in term of the claim knowing you weren't entitled, and not admitting it at IUC.

 

Get formal legal advice & assistance : explore if they will now accept an admission and an alternative to proceeding with the prosecution (unlikely at the 11th hour but still worth a try)

If the prosecution proceeds discuss your plea options with your legal advisor : IF your advisor feels you are almost certain to be found guilty you might choose to plead guilty (gaining credit for doing so at the first opportunity).

 

You then can decide on the timing of any application for citizenship, and the effect of these issues on that application.

[sakwer]

It could count against you : not only was it fraud but it was against public funds (and those to which you had no entitlement).

 

However, what is done is done, both in term of the claim knowing you weren't entitled, and not admitting it at IUC.

 

Get formal legal advice & assistance : explore if they will now accept an admission and an alternative to proceeding with the prosecution (unlikely at the 11th hour but still worth a try)

If the prosecution proceeds discuss your plea options with your legal advisor : IF your advisor feels you are almost certain to be found guilty you might choose to plead guilty (gaining credit for doing so at the first opportunity).

 

You then can decide on the timing of any application for citizenship, and the effect of these issues on that application.

 

Thank you so much for the advice.

[BazzaS]

Well yes is the simple answer.

Any employer that does a DBS check on you will see ( if found guilty) that you have been done for fraud.

Not the best situation if your a civil engineer, handling multi million pound contracts etc etc

 

That depends on the outcome: if an alternative to prosecution gets found, and if found guilty (or guilty plea) if it goes to trial.

 

Then, the sentence becomes relevant (since it will determine the length of any "rehab period") for employment not covered by an eDBS (where no disclosure is needed or only a standard disclosure)

 

OP; to avoid future problems you MUST check forms carefully (in particular any that note "exempt from the provisions of the Rehabilitation of Offenders" / immigration / naturalisation forms.

[sakwer]

That depends on the outcome: if an alternative to prosecution gets found, and if found guilty (or guilty plea) if it goes to trial.

 

Then, the sentence becomes relevant (since it will determine the length of any "rehab period") for employment not covered by an eDBS (where no disclosure is needed or only a standard disclosure)

 

OP; to avoid future problems you MUST check forms carefully (in particular any that note "exempt from the provisions of the Rehabilitation of Offenders" / immigration / naturalisation forms.

 

Thanks a lot! I will more careful from now on.

[sgtbush]

That depends on the outcome: if an alternative to prosecution gets found, and if found guilty (or guilty plea) if it goes to trial.

 

Then, the sentence becomes relevant (since it will determine the length of any "rehab period") for employment not covered by an eDBS (where no disclosure is needed or only a standard disclosure)

 

OP; to avoid future problems you MUST check forms carefully (in particular any that note "exempt from the provisions of the Rehabilitation of Offenders" / immigration / naturalisation forms.

 

That's why I put in brackets if found guilty. That includes obviously a plea of guilty.

[BazzaS]

Thanks a lot! I will more careful from now on.

 

Well, you admit your claim wasn't made from carelessness but deliberate deception, but you will need to be careful to avoid deliberate and accidental incorrect statements.

[sakwer]

On my hearing, I pleaded guilty. The judge gave me conditional discharge for 12 months. Now I am very concerned about my name being on criminal record register for one year how am I meant to get a job when I have criminal record?

[BazzaS]

On my hearing, I pleaded guilty. The judge gave me conditional discharge for 12 months. Now I am very concerned about my name being on criminal record register for one year how am I meant to get a job when I have criminal record?

 

You'll have to go for jobs where:

a) the job doesn't involve any disclosure (basic, standard or enhanced).

Any employer MIGHT ask for a basic disclosure for ANY job, but doesn't have to, Or

b) the employer is happy to take people with recent convictions.

 

I wish I could say otherwise, but this is the chance you took when deliberately fraudulently claiming benefits.

[ericsbrother]

the conditional discharge means that if you are good for a year then nothing else happens and it disappears from a standard disclosure. Your problem is that the offence was a matter of dishonesty and that is tougher than a similar discharge for criminal damage so you need to consider the type of job where it will have no significance or you can mitigate it.