# New Police Certificate requirements for business visa



## DubaiChic (Mar 13, 2018)

Good morning 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!


----------



## UKMS (Jan 9, 2017)

Looking at it from another approach ..... it would seem the only exemption quoted is visit, tourist or student visas.


----------



## DubaiChic (Mar 13, 2018)

UKMS said:


> Looking at it from another approach ..... it would seem the only exemption quoted is visit, tourist or student visas.


Thank you! Yes looking at it that way, looks like even those on self employed residencies will need a good conduct certificate. I called ACRO again this morning and you can actually apply for a deletion of the 'no live trace', if you fulfil certain conditions. One of them being that you went to court and not found guilty of the offense, which isn't the case for me, unfortunately, since I didn't have evidence! They did say however that it's all done on a case by case basis, and there is no cost involved. So no hard in trying. I also had a look at my court and discharge documents from then, and they spelled my name wrong. I wonder if that makes a difference as to whether the record is actually on my correct spelling name or not. I might be clutching at straws here... But I have heard cases of innocents being given criminal records by accident, when the names are similar. If they entered a record for me under a wrongly spelled name, I could be lucky &#55357;&#56841;


----------



## rsinner (Feb 3, 2009)

While I am speculating (like a lot of others - the regulations are too new for any of us to have experienced it, plus authorities are also changing things as they go along) I think you may be overthinking things. "No trace" versus "no live trace" doesn't seem to be very different from a semantics perspective, and as long as it is nothing serious (which seems to be the intention of the law) you should not have a problem getting a visa approved. In any case, you won't know until you actually get a job and the employer applies for your visa.


----------



## DubaiChic (Mar 13, 2018)

rsinner said:


> While I am speculating (like a lot of others - the regulations are too new for any of us to have experienced it, plus authorities are also changing things as they go along) I think you may be overthinking things. "No trace" versus "no live trace" doesn't seem to be very different from a semantics perspective, and as long as it is nothing serious (which seems to be the intention of the law) you should not have a problem getting a visa approved. In any case, you won't know until you actually get a job and the employer applies for your visa.


Thank you! Your words have put me at rest, a little. I think your right. Even though they have introduced this new requirement, I think in the grand scheme of things, the UAE are not as strict as say the United States and I have read incidences online of people getting an American visa with "no live trace"... They were just asked to forward a Subject Access report which details information on the conviction and if it was something reletively minor, then it was issued. I have found out that mine isn't technically a conviction, but a conditional discharge but it is treated as a conviction. But I do have paperwork from my solicitor at the time which confirms this, so this will help! I did read also that those people currently living in the UAE and had financial crimes, such as bounces cheques, will also be offered a good conduct certificate from the local police, to give them another chance. 

I think they are just watching out for murders and peadophiles etc. Thank you!


----------



## UKMS (Jan 9, 2017)

DubaiChic said:


> Thank you! Your words have put me at rest, a little. I think your right. Even though they have introduced this new requirement, I think in the grand scheme of things, the UAE are not as strict as say the United States and I have read incidences online of people getting an American visa with "no live trace"... They were just asked to forward a Subject Access report which details information on the conviction and if it was something reletively minor, then it was issued. I have found out that mine isn't technically a conviction, but a conditional discharge but it is treated as a conviction. But I do have paperwork from my solicitor at the time which confirms this, so this will help! I did read also that those people currently living in the UAE and had financial crimes, such as bounces cheques, will also be offered a good conduct certificate from the local police, to give them another chance.
> 
> I think they are just watching out for murders and peadophiles etc. Thank you!


Sounds like you’ll be fine.

In general I wouldn’t assume that the UAE will be less strict than the US but the reality is none of us know until we start to see the “I didn’t get my visa because ......” threads.


----------



## DubaiChic (Mar 13, 2018)

UKMS said:


> DubaiChic said:
> 
> 
> > Thank you! Your words have put me at rest, a little. I think your right. Even though they have introduced this new requirement, I think in the grand scheme of things, the UAE are not as strict as say the United States and I have read incidences online of people getting an American visa with "no live trace"... They were just asked to forward a Subject Access report which details information on the conviction and if it was something reletively minor, then it was issued. I have found out that mine isn't technically a conviction, but a conditional discharge but it is treated as a conviction. But I do have paperwork from my solicitor at the time which confirms this, so this will help! I did read also that those people currently living in the UAE and had financial crimes, such as bounces cheques, will also be offered a good conduct certificate from the local police, to give them another chance.
> ...


Yes,I hope so! I'm just dreading having to go through a whole explanation &#55357;&#56900;&#55357;&#56900; but oh well... Will see. I'm waiting for those threads to pop up, too! Hahaha thank you for your advice


----------

