Do I need to declare a petty theft misdemeanor from 11 years ago on my UK dependent visa application?

EDITED RESPONSE:

additional info: check page 11, para 20.1 of the pdf document, and you will see

"It is important to note that a person who has been convicted of any offence which is "spent" under the provisions of the Rehabilitation of Offenders Act 1974, may NOT be refused entry on the grounds of that conviction." So I would say that you should put it on the form and try to find some records to prove that it was remanded with no sentence. You should be able to contact the court concerned and get that. But again you would avoid the problem by not mentioning it and I doubt that would end up a problem.

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Now since I am not a lawyer nor a UK Immigration official I think you might want to call them and ask, or you might really want to talk to a UK immigration attorney (solicitor) but as I read this it will be irrelevant to your visa request due to its age and minor matter. It is a "spent" conviction under UK law and probably is not required to be listed. However...

If you are asking what I would do, I would not declare it and if they catch you I'd say you thought you were not require to declare it because it is a "spent" conviction. The odds they will find out about it are really unlikely.

But if you do declare it you should find some documentation to prove that it has spent under the conditions shown below.

Read the form carefully;read all I have written and the links before you decide what to do.

Criminal history is relevant to issuance of a visa, but you will see that the right to refuse entry or a visa is subject to a legal act under which you appear to be rehabilitated.

The Immigration Directorate's Guide Chapter 9 section 2 "Refusal of Entry Clearance or Leave to Enter on General Grounds" 320HC395 states para 3.3 says "reference should be made to" the Rehabilitation of Offenders Act before refusal.

You can see that instruction at http://www.ukba.homeoffice.gov.uk/sitecontent/docu... ...Then choose the document labeled Section 2 - Refusal of entry clearance or leave to enter on general ground (paragraph 320 HC395), then see page 5, para 3.3 of the document.

Under that act as stated at this link:

http://www.ukba.homeoffice.gov.uk/britishcitizensh... yours would be consider a "spent" conviction which need not be declared. This is shown in the context of getting British citizenship, and I cannot imagine it requires better character to visit Britain than it does to become a citizen.

Here is the standard: "Bind over, conditional discharge, probation order, community service order, hospital order" is spent after "one year or when the order ends, whichever is later."

On the other hand:

We may decide to ignore a single conviction for a minor offence if it resulted in a bind over, conditional discharge or small fine, if you are suitable for citizenship in every other way. We will only ignore ?regulatory? offences such as speeding. We will not ignore offences involving dishonesty such as theft, violence or sexual offences. We will also not ignore drink-driving offences or convictions for driving while uninsured or disqualified.

BUT that seems to me to be about ignoring UNSPENT convictions or offenses.

So in my view you would not be required to declare the conviction, and if it ever turned up you would be justified in pointing to the provisions cited as your reason for not including it.

this was a long time ago, and nothing to refuse you a visa over,not like if you had committed murder or grand theft? just declare and worry not, i know of plenty people who had misdemeanors and actually declared it,were not refused entry to another country for that. the thing ,if you lied? and it was to come out,somehow? than it would look real bad, just tell the truth if it asked,and do not take a chance. no, you will not have to have documentation to prove this, besides? it is not on your records,

Declare everything, experience tells me, immigration hate liars 1000 fold, than an honest, better for someone to tell truth about a theft of TV, than to tell a lie and hide that they stole a sugar cube, if you can understand what I am putting across. Tell them, you regret what you did, and you've moved on in life now, explain you have no papers relating to that felony, and that you appologise for such. Good luck.

No. If it was 11 years ago, there would probably not even be any record of it anymore.