kd777

Hi, I have recently applied for an IEC visa, but have a previous assault charge which the disposal was 'admonished' (Scottish law).

As far as I am aware being admonished would be similar to an absolute discharge (where the conviction would be recorded but there were no other fines/orders).

I am unsure of a few things regarding my admissibility/inadmissibility:

.Are discharges/admonishments treated as convictions by CIC?

.I have seen various sources mention the 'burgon ruling' which previous convictions are deemed spent under ROA 1974 act, is this applicable?

Admonishment is not actually mentioned in the ROA 1974 act either, so it would technically take 5 years to be spent!...although I have seen various sources align the rehabilitation period with absolute discharge (6 months in Scotland).

I was only sentence in May 2017 although the actual incident happened over 2 years ago. The conviction is noted on my ACPO police check.

I would be extremely grateful if anybody in this forum has any sort of knowledge/experience in this area, could shed any light on this matter!

Thanks!

Former Lancastrian

The offence must be declared on the application.
As far as I am aware IRCC won't treat it as a conviction to render you inadmissible but you may need to provide further details if requested and you would have to submit the Police certificate regardless.
I wouldn't be losing sleep over this.