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-   -   SG Work Visa/ S Pass for "SPENT" UK criminal conviction (https://britishexpats.com/forum/singapore-131/sg-work-visa-s-pass-spent-uk-criminal-conviction-938730/)

pecheur May 22nd 2021 10:47 pm

SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 
Hello, Thank you for your valuable input, much appreciate your time.

Planning to apply for work visa in Singapore as my fiancé is a Singapore citizen and planning to relocate completely to SG from UK (British citizen). The MOM Employment / S Pass Self-Assessment Tool (SAT) came out fine, have over 10 yrs of engineering experience.

- My question is will I get a work visa in SG considering my past conviction in UK which will be "SPENT" under rehabilitation act before I apply for work visa in SG. In my Basic DBS check in UK it will come out as SPENT and nothing will be mentioned. So it will say I have no criminal record as its "SPENT" already in UK.
- Will the SG company accept DBS disclosure record or would they accept only police certificate?
-Some in online have claimed that DBS certificate is suffice for SG companies and work visa can be obtained. Is it still the case?
- Or do they outright reject the work visa in SG for anyone with previous criminal record, even if its SPENT already, and even if its minor offence (mentioned below) ?
- Its just a community order plus a rehabilitation programme to be attended for a minor offence (requesting help to mediator which was considered as going public and considered as criminal offence in UK)

- If the question in application form says:
1. If you have any criminal record?: NO (because by UK law you don't have to declare if its already SPENT, past record deleted due to SPENT and Basic DBS certificate as proof can be produced
2. If you EVER been convicted in any court in any country: YES
Wondering your take on above questions?

Based on the above, do you think MOM SG immigration officials would outright reject my work visa?
Or is it based on case by case basis and people do get work visa if its SPENT conviction?

Thank you for your feedback

christmasoompa May 23rd 2021 10:29 am

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 

Originally Posted by pecheur (Post 13009375)
Hello, Thank you for your valuable input, much appreciate your time.

Planning to apply for work visa in Singapore as my fiancé is a Singapore citizen and planning to relocate completely to SG from UK (British citizen). The MOM Employment / S Pass Self-Assessment Tool (SAT) came out fine, have over 10 yrs of engineering experience.

- My question is will I get a work visa in SG considering my past conviction in UK which will be "SPENT" under rehabilitation act before I apply for work visa in SG. In my Basic DBS check in UK it will come out as SPENT and nothing will be mentioned. So it will say I have no criminal record as its "SPENT" already in UK.
- Will the SG company accept DBS disclosure record or would they accept only police certificate?
-Some in online have claimed that DBS certificate is suffice for SG companies and work visa can be obtained. Is it still the case?
- Or do they outright reject the work visa in SG for anyone with previous criminal record, even if its SPENT already, and even if its minor offence (mentioned below) ?
- Its just a community order plus a rehabilitation programme to be attended for a minor offence (requesting help to mediator which was considered as going public and considered as criminal offence in UK)

- If the question in application form says:
1. If you have any criminal record?: NO (because by UK law you don't have to declare if its already SPENT, past record deleted due to SPENT and Basic DBS certificate as proof can be produced
2. If you EVER been convicted in any court in any country: YES
Wondering your take on above questions?

Based on the above, do you think MOM SG immigration officials would outright reject my work visa?
Or is it based on case by case basis and people do get work visa if its SPENT conviction?

Thank you for your feedback

Hi, welcome to BE. You must tell the truth, so if asked if you have a criminal record then surely the answer has to be yes? Being spent doesn't mean it's expunged from your record, it'll still show up on an ACPO check. UK law has no relevance to a foreign visa application.

Can't help with whether or not it will stop you getting a work visa though, but my advice would be to answer truthfully as that's more likely to get you a visa than giving an incorrect answer.

Good luck.

pecheur May 23rd 2021 11:37 am

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 
Greatly appreciate your feedback. I will answer truthfully no matter what as I don't want any issues and it is a big leap. Online sources suggested otherwise hence I asked the question. Will even contact legal advice in SG just to be on the right path.
I was about to edit my post as below but it didn't provided any option to do so. But thanks

- If the question in application form says:
1. whether the applicant has a criminal record ?:
(Under UK law, this conviction is considered SPENT and does not have to be declared and DBS check proof can be submitted)
Even by Singapore law: the following is noted:
Consequences of criminal record becoming or treated as spent
7E.—(1) Subject to subsection (2), if the record of a person’s conviction in the register is spent or is treated as spent under this Part —
(a) the person shall be deemed to have no record of that conviction, and it shall be lawful for him to answer a question asked of him on or after the appointed day about his criminal record or to disclose information about his criminal record in the manner as if he had no record of that conviction;

Online feedback seems to be mixed on this question but will answer truthfully.

2. Have you ever been convicted in a court of law in any country? yes
Wondering your take on above questions?

scrubbedexpat100 May 23rd 2021 10:18 pm

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 
You must always be honest and say 'Yes'.

Back in 1988 when I was teenager, I was fined £25 for a stupid drunken fight with a friend. My ACPO always comes back as 'No live trace', it doesn't disappear.

I had 6 great years living in Singapore as an adult. Be honest with your forms and nothing will come back to bite you in your future.

Edit. I've lived in 6 different countries, hence my 'always comes back' comment 😉

pecheur May 24th 2021 8:04 pm

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 

Originally Posted by Mammabear (Post 13009740)
You must always be honest and say 'Yes'.

Back in 1988 when I was teenager, I was fined £25 for a stupid drunken fight with a friend. My ACPO always comes back as 'No live trace', it doesn't disappear.

I had 6 great years living in Singapore as an adult. Be honest with your forms and nothing will come back to bite you in your future.

Edit. I've lived in 6 different countries, hence my 'always comes back' comment 😉

thanks for your information. I will definitely answer honestly, no doubt about it. New to all these legal matters and hence trying to find as much info as possible. So I reckon you got approved SG work visa or other type of visa after producing your ACPO cert. If thats the case, its a positive sign that if the cert says "No Live Trace" or "SPENT" or possibly even other relevant terms than the MOM SG immigration does approve visa with previous criminal conviction if its already SPENT. Not sure if your "stupid drunken fight" is considered criminal but mine was just a help request to a mediator which they have considered going public and considered criminal. cant believe my pathetic situation. anyways, have moved on since. cheers

scrubbedexpat100 May 25th 2021 4:27 am

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 
It won't say 'Spent' on your certificate, it will state 'No live trace'. I was found guilty in a court of law, so yes it is deemed criminal.

I should add that I applied to the court district to where I was fined for a copy of my offence also. That gives more details, ie dates, offence and outcome. Then I included a copy of it along with my ACPO certificate.

Good luck with your adventure.



Originally Posted by pecheur (Post 13010085)
thanks for your information. I will definitely answer honestly, no doubt about it. New to all these legal matters and hence trying to find as much info as possible. So I reckon you got approved SG work visa or other type of visa after producing your ACPO cert. If thats the case, its a positive sign that if the cert says "No Live Trace" or "SPENT" or possibly even other relevant terms than the MOM SG immigration does approve visa with previous criminal conviction if its already SPENT. Not sure if your "stupid drunken fight" is considered criminal but mine was just a help request to a mediator which they have considered going public and considered criminal. cant believe my pathetic situation. anyways, have moved on since. cheers


pecheur May 25th 2021 9:50 am

Re: SG Work Visa/ S Pass for "SPENT" UK criminal conviction
 
I will probably get a copy of the one you have mentioned in some sources over here. But greatly appreciate your detailed info. And thanks, hopefully the future is bright !!!


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