DubaiChic

Good Evening everyone,

I am hoping that someone could please shine some light on this!

Back in 2014, I got a conditional discharge when the UK benefits office (DWP) took me to court for failing to report change of circumstances to them, whilst I was on benefits. I did actually report to them that I was a student, but the evidence was lost. The only evidence I could find was a letter I wrote to the student loans company informing them that I was on benefits. However, I could not find the same letter I wrote to the DWP informing them of the same. Judge couldn't, reluctantly accept this, since he needed concrete evidence that I did inform the DWP. As a result, I was asked to pay back benefit income from the time I became a student and a fine.

My solicitor mentioned to me in a letter that this is not classed as a criminal conviction, but of course, it is. The conditional discharge means that after two years, it becomes 'spent' and I no longer need to disclose it. However, when moving to Dubai, one needs to get an ACRO police certificate, and if you have spent convictions, it will state 'no live trace' and if you have never had any convictions, it will state 'no trace'. The difference in wording here shows whether one ever had a conviction or not. This may pose a problem for me, when applying for a UAE employment based visa.

Apart from the question as to whether this would be an issue for obtaining an employment based residence visa in Dubai, my main question is, does one need to get an ACRO police certificate for those applying for a residence visa based on self employment? So for instance, if I set up a business through one of the UAE free-zones, would one be required if getting a residence visa for the first time having not lived in the UAE before, coming directly from the UK?

I have searched online high and low and it seems that this requirement by the UAE for a good conduct certificate, is only for those seeking a residence visa as an employee for an employer, as opposed to those coming to the UAE to set up in business.

Ideally I want to come to Dubai initially to work for an employer, and the plan was to set up in business some years later, but having a 'no live trace' on the ACRO police certificate risks rejection of employment-based residence visa, and I might have to reverse plans and come over on a self-employed based visa instead and then obtain employment after 7 years, after which the conviction will be 'filtered out' and will then show up as 'no trace' as opposed to 'no live trace' on the ACRO.

This assuming of course that an ACRO certificate is not required for self-employment based residence visa.

Does anyone know? Thank you!

reddiva

Hello

I spoke with a friend who works for a company that helps business set up in the UAE. Anyone who requires a visa be it a freelancer, employee or employer will have to provide this certification.

BritInParis

Before second guessing order your ACRO certificate and see what it says.

DubaiChic

Thank you so much for the clarification!

DubaiChic

Yes, I will be doing that of course. Thank you

scrubbedexpat100

I wouldn't bank on this if I were you tbh. My brother got a £25 fine back in 1986, 32 years later his ACRO he received last month still shows as 'No live trace'.

BritInParis

'No Live Trace' is a way of getting around the Rehabilitation of Offenders Act 1974 for the purposes of immigration. The offence itself won't be mentioned to comply with UK law for 'stepped-down' offences but foreign governments can still know the person concerned does have a criminal record in the UK.

scrubbedexpat100

Correct. But DubaiChic is assuming that after 7 years her ACRO will change to No trace.

BritInParis

No, like your brother, it will always remain 'No Live Trace' if he or she has a criminal record.

scrubbedexpat100

👍

BritInParis

Sorry, I didn't read that properly! We are in violent agreement

DubaiChic

Thank you for your replies.

Yes, you are both right! It was 'Unlock' who told me when I called them to seek advice, who told me that after the filtering is done, it should come back as 'no live trace' ... I honestly think the system is a total shambles, especially for people like me who don't have an actual conviction, but is treated as one! So we are basically incriminated for life. Truth is, that our records stay the same for 100 years... Everything else they try to dress it up with is BS ... Excuse my language! I'm not disheartened, however. I think the UAE authorities are most probably concerned more with murderers and the like and I have read cases online with people trying to get American visas successfully after having a 'no live trace'... After of course they request to see the SAR. I think the UAE in comparison will be a walk in the park.

mikelincs

Not necessarily true, a friend had lost a job he had been offered in the Middle East because he had been a passenger in a car which turned out to be stolen, the driver was done for a variety of crimes, but all the passengers even though they were below the age they could drive, were given driving bans, this came back to haunt him and cost him a job.

Pollyana

Absolutely no correlation between the American visa system and that of the UAE. They are totally different authorities.

Yes there are people who have got various visas for the USA after having 'No Live Trace' results but there are also some who will never be granted a visa. Far too many variablesfor a simple answer, including type of offence, possible sentence, and type of visa.
The UAE has different visa types, and no doubt different priorities when looking at offences, sentences etc.
Don't pin your hopes on online experiences of people applying for different visas in different countries.