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UK Naturalisation with 498a case in India
Posted: Wed Nov 06, 2019 1:19 am
by PatelRaj
Hi,
I have ILR and close to apply Naturalisation. Recently my wife filed false 498A and Dowry cases in india. Unfortunately, matrimonial issues are treated as criminal case rather than civil case in india. Now our situation is, my wife realised her mistake and came to compromise. TBH, with big heart I accepted her. So she is now in the process of withdrawing the cases on me in India. I have neither been charged/indicted nor any judgement passed by court for me because case is still in its initial stages. I hope cases on me will be quashed soon.
So my question is:
1. please can anyone tell me if these cases will affect my naturalisation application or not even after withdrawing?
2. Do I need to mention about these cases in the 'good character' section in the application which I did not commit and hence I am not going to be convict.
3. Does UK homeoffice checks with applicants countries about the applicant etc. I know HO checks HMRC, DVLA, Police, bankruptcy etc records related to good character requirement.
Please an expert could respond on this as this is bit urgent.
regards
Raj
Re: UK Naturalisation with 498a case in India
Posted: Thu Nov 07, 2019 9:40 pm
by PatelRaj
Dear All,
Could someone please shed some light on my issue please?
Many Thanks,
Raj.
Re: UK Naturalisation with 498a case in India
Posted: Sat Nov 09, 2019 4:00 pm
by PatelRaj
PatelRaj wrote: ↑Wed Nov 06, 2019 1:19 am
Hi,
I have ILR and close to apply Naturalisation. Recently my wife filed false 498A and Dowry cases in india. Unfortunately, matrimonial issues are treated as criminal case rather than civil case in india. Now our situation is, my wife realised her mistake and came to compromise. TBH, with big heart I accepted her. So she is now in the process of withdrawing the cases on me in India. I have neither been charged/indicted nor any judgement passed by court for me because case is still in its initial stages. I hope cases on me will be quashed soon.
So my question is:
1. please can anyone tell me if these cases will affect my naturalisation application or not even after withdrawing?
2. Do I need to mention about these cases in the 'good character' section in the application which I did not commit and hence I am not going to be convict.
3. Does UK homeoffice checks with applicants countries about the applicant etc. I know HO checks HMRC, DVLA, Police, bankruptcy etc records related to good character requirement.
Please an expert could respond on this as this is bit urgent.
regards
Raj
Hi,
Any one please help?
Thanks,
Raj
Re: UK Naturalisation with 498a case in India
Posted: Sat Nov 09, 2019 5:16 pm
by Plotoder
I am presuming you have a FIR against you which is pending quashing from a High Court.
An active FIR should be declared. The Form AN guidance states that you should declare any cases in which you might have to goto court and an FIR IMHO falls under that ambit.
Although HO likely doesn’t check with Indian authorities, you risk getting your citizenship cancelled or being prosecuted for deception if your relationship breaks down in future and your wife complains to HO.
My suggestion would be to wait till the FIR is quashed. HC can quash it within few days of a quashing compromise being filed by a competent lawyer and filed as an urgent petition.
Re: UK Naturalisation with 498a case in India
Posted: Sat Nov 09, 2019 8:21 pm
by PatelRaj
Thank you so much for your reply @Plotoder.
I will definitely follow your suggestion to wait until FIR and cases quashed. My wife is going quash the cases in LokAdalat (not in High court) which is going to happen in 14 Dec 2019 across India. Hope the judgement will be treated as same as given in HC.
But I still have these questions striking in my mind:
1. Do I need to mention about these cases in the 'good character' section in the application which I am NOT going to be convict in the judgement.
2. Could you tell me if these cases will affect my naturalisation application or not even after withdrawn?
Also I forgot to mention, my wife opened Look out circular as well. Soon that will also be lifted.
Your input is much appreciated. Please guide me on this.
Thanks,
Raj.
Re: UK Naturalisation with 498a case in India
Posted: Sun Nov 10, 2019 10:28 am
by Plotoder
You are welcome. Lok Adalat quashing is equivalent to HC.
1. No need to mention. You were never charged or convicted. The cases ended without conclusion on your character.
2. If they are quashed without any outcome, they should not affect your application