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I have a tier-2 work visa application in progress. I had submitted the application on 24th December and my appointment is on 3rd of January. I am an Indian citizen currently residing and working in Berlin, Germany. I was traveling in train on 25th Dec and unfortunately forgot to purchase a valid ticket. The controller handed me over to the police who made a report/charge, for criminal offence, and gave me a fine for 60 euro. I paid the fine immediately and asked the police what will happen with the charge. They said in most cases it is scrapped and I will get the outcome by notice in about a month. I have already selected, no, as an answer for any criminal conviction/charge, in my visa application. What should I do about it ? The police said because it’s a very small offence it should not affect my visa application but I’d appreciate more input on this matter.

------EDIT------- The document I received, states that:

In German:

Beschuldigtenvernehmung im Strafverfahren

"Erklärung. Mit wurde eröffnet, welche Tat/Taten mir zur Last gelegt wird/werden (§163a Abs.4 StPO).(siehe Seite 2)". In a separate document the charge is "Erschleichen von Leistungen" Ends with, "Ich gebe die Tat zu. Ich gene die Tat nicht zu" (I have selected neither)

In English:

Police questioning in criminal proceedings.

Declaration: I have been informed of the offence with which I am charged. (the offence is fraudulent acquisition of payments, in a separate document) Then there is information about my rights for getting a lawyer. The document ends with wether I admit the charge or not, I have not selected anything.

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closed as off-topic by cHiEf Immigration vIoLaTer, Giorgio, David Richerby, Ali Awan, ajd Dec 31 '18 at 5:34

This question appears to be off-topic. The users who voted to close gave this specific reason:

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  • In my opinion this is trivial. – cHiEf Immigration vIoLaTer Dec 28 '18 at 15:16
  • I agree the charge is not serious. But do I need to make a new application, so that I can mention it ? @HonoraryWorldCitizen – Ayush Verma Dec 28 '18 at 15:18
  • In my opinion NO. Read the answer and all the comments on this question travel.stackexchange.com/questions/127094/… – cHiEf Immigration vIoLaTer Dec 28 '18 at 15:36
  • @HonoraryWorldCitizen thank-you for that link. If I go ahead with my current application, would you suggest I mention this charge during the interview, citing the fact that it happened after I had submitted the application. – Ayush Verma Dec 28 '18 at 16:04
  • That will be fine, and have all the documents from the court or police etc. Are personal interviews conducted for the UK visa? – cHiEf Immigration vIoLaTer Dec 28 '18 at 16:06
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As far as German law is concerned, you have not been charged or convicted of a crime or misdemeanor yet. Those 60 euros you paid are not a fine, they are an increased fare.

The police will investigate (i.e. write up what you and the conductor said) and pass the information to the prosecution, which has the options of charging you (Anklage), offering a plea bargain (Strafbefehl), or closing the case (Einstellung).

It would be remarkably fast if anything happens before your visa interview, so at that point you will be neither charged nor convicted. You will be under a police investigation that may or may not result in a charge.

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  • Please check my edit. I have added information regarding the report given to me. – Ayush Verma Dec 28 '18 at 16:54
  • @AyushVerma, is "charged" your translation or an official one? – o.m. Dec 28 '18 at 17:05
  • The german version of the document states "Mit wurde eröffnet, welche Tat/Taten mir zur Last gelegt wird/werden (§ 163a Abs.4 StPO ). (siehe Seite 2)" The english version of the document is as I have mentioned. – Ayush Verma Dec 28 '18 at 17:07
  • @AyushVerma, the German version uses words which do not imply a charge in court yet. – o.m. Dec 28 '18 at 17:13
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    The UK form also asks about caution, fine, discharge, or community sentence. So it may be a yes to that but no to a conviction or charge. Re the bin, that is common for first offenses of this kind; it is not literally a trashcan and they count previous closures for repeat offenders. At some point they don't close the case any more. – o.m. Dec 28 '18 at 17:41

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