# Good Conduct certificate, with UK conditional discharge



## DubaiChic (Mar 13, 2018)

Good morning everyone,

I am sorry to bring this topic up again, however as per my other thread, I have a conditional discharge, which is illegally by the UK government, classed as a conviction, when it actually isn't. This can cause issues for those wishing to move to the UAE, as the police certificate as required for a residence visa in the UAE, from ACRO will state 'no live trace', indicating clearly that there is criminal record on file, even though it's no longer 'live' or is spent under UK law. A piece of paper is attached to the certificate, which explains this. However, after tirelessly googling this, as it's quite horrid for the UK to view discharges as a criminal conviction, I have found something that may give hope to others in this boat, looking to move to the UAE in the future. 

If you have a conditional discharge, which is now spent in UK law, you should be able to apply to ACRO to get this information deleted from the PNC, so that you will get 'no trace' as opposed to 'no live trace'. ACRO do not charge any fees for a request to delete your record. I found this case online, a regulation you can use to support your case for deletion of your records on the PNC:

Mrs O was refused further leave to remain in the UK on the basis that she had made false representations in her application form by failing to declare that she had pleaded guilty to four offences of shoplifting, for which she had been conditionally discharged. Her appeal was dismissed by the First-tier Tribunal.

Deborah Revill (lawyer/barrister) was instructed in the Upper Tribunal and successfully argued that, by virtue of section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000, Mrs O’s conditional discharge did not in law amount to a conviction. Mrs O had therefore answered truthfully when she stated in her application that she had never ‘been convicted of any criminal offence’. Following Deborah’s identification of this point, the Home Office withdrew their decision and confirmed that they would grant Mrs O leave to remain. Deborah successfully argued before Mr Justice Green and Upper Tribunal Judge Dawson that the appeal raised a novel point of law such that, notwithstanding the withdrawn decision, it was in the public interest for the matter to be substantively determined by the Upper Tribunal."

I hope this may help some in the future, so I thought to post it here  

Thanks.


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## UKMS (Jan 9, 2017)

Will be interesting to see if you are successful in getting your ‘no trace’ certificate or whether you spend months back and forth challenging it ! Good luck


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## twowheelsgood (Feb 21, 2013)

UAE postpones good conduct certificate requirement for job visas | GulfNews.com

Get your application in now !


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## Shariqajacqui (Aug 14, 2017)

A friend told me the police certificate has been shelved from 1/4/18 due to difficulties. I cannot confirm it's true myself but may be worth enquiring

Oop, sorry just seen previous!


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## DubaiChic (Mar 13, 2018)

Right I have just come here to report that this in fact not needed any more!! Thank you to the previous too posters.

I am sorry that I haven't been active, bit just for information for those who may be interested in knowing, I have been in contact with virtuezone, who told me last week that they were in the middle of processing visa for someone with drugs and DUI convictions and they advised me that my issue is a 'non-issue' but they will keep me updated with the outcome of that person's visa. 

Then they emailled me to tell me this news!! Joy!! Saves me potentially taking on a case to the UK police or even human rights. I have spoken to a few solicitors about this, because the UK's system basically goes against my humans rights to live a peaceful life abroad. Maybe now I can skip this chapter in my life... And just apply for the UAE visa now, whilst I can! Prayers have been answered, alhamdulelah! 🙂


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## twowheelsgood (Feb 21, 2013)

DubaiChic said:


> because the UK's system basically goes against my humans rights to live a peaceful life abroad.


Congratulations with being able to get in but you will have to be careful your head does not explode when here as if you think a person has a right to live in another country when you have a conviction in another and that the country is somehow breaching a persons human rights by not letting criminals reside, then you are going to have a hard time adapting to the law here.

The UAE does not allow people with questionable backgrounds live here, and if you think that is breaching your human rights, then you are in for a big surprise when here. its a sovereign country and decides who it wants to live here, and no complaining about a persons conviction or otherwise will make a bit of difference. If they decide you cannot come in because they don't like your name or hair colour then you don't come in and quoting human rights just makes you sound silly.

Park your European self-entitlement at the border otherwise you really will struggle to adapt. Whether your conviction is spent or not, reported or not, if the UASE has a different interpretation to you or the Uk courts then its their choice - not yours.

Enjoy your stay and needless to say, stay out of trouble because the legal semantics you explained, make no difference here.


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## DubaiChic (Mar 13, 2018)

Thanks for your comment. 

In regards to the human rights thing, I was referring to potentially taking up a case with the UK, not the UAE. The UAE is not breaching my human rights. 

I am of Middle Eastern origin and I have lived in Egypt, and I certainly do not have a sense of European entitlement. I know too well the laws of the region and how to deal with them. Thank you for your advise, all the same! 🙂


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