ILR - Outstanding Prosecution

Hi Friends,
Can anyone help me by giving some advice on my current situation.
Currently my Tier 2 visa is holding by UKVI due to an outstanding criminal prosecution. UKVI said they will not make any decision until there is an outcome from the prosecution.

My 10 years will be completed few months before the trial. My question is: can i apply for my ILR in 10 years route? The rules said anyone who have been convicted and received non custodial sentence have to wait 24 months before they can apply. currently I do not have any such conviction as the case has not been decided yet. in this case, Would i get the decision if i apply for my ILR?

I would be grateful to you if anyone kindly respond my queries.

Best Regards

An ILR application will also be put on hold if you have a pending court case and if convicted it will be refused.

Helo CR001,
Many thanks for your quick respond. I have checked my DBS and it is clear.
My issue is i have not been convicted yet nor i admitted any offence.

Just one more question. Actually police offered me a caution and i rejected.
So let's say i have receive non custodial sentence therefore, i can not apply
for ILR in next 24 months. Could you kindly tell me which visa i should apply
in this scenario?
Best Regards

Many thanks for your quick respond. I have checked my DBS and it is clear.
My issue is i have not been convicted yet nor i admitted any offence.

This is irrelevant. As long as you have an impending or outstanding or ongoing prosecution case, your applications will be put on hold pending the outcome.

Just one more question. Actually police offered me a caution and i rejected.
So let's say i have receive non custodial sentence therefore, i can not apply
for ILR in next 24 months. Could you kindly tell me which visa i should apply
in this scenario?

Tier 2 is max for 6 years. Otherwise you will have to find a visa you qualify for.

Helo CR001,

Thanks again for your quick respond. Does it mean i will get a positive decision on my current pending Tier 2 application, even though i receive non custodial sentence from the court? Do i need to make a new application? I made Tier 2 application around 2 years ago and my COS should have expired by now. If any other information is relevant to my case i would be grateful to you if you kindly share those with me.

Best Regards

You have a pending tier 2 extension for 2 years already??

When did the prosecution issue start??

CR001 wrote: ↑

Sun May 05, 2019 3:40 pm

You have a pending tier 2 extension for 2 years already??

When did the prosecution issue start??

In May 2018 i received a postal requisition where as i applied for my Tier 2 in back May 2017. In September 2017 i received a letter from UKVI that i have an outstanding criminal prosecution therefore, they will not make any decision on my application until there is an outcome.

Until the outstanding criminal prosecution is resolved, it is highly likely that you will continue to be in this limbo status.

What does your tier 2 sponsor say??

What was the caution that you were offered for and what date was it offered??

Why did you not want to accept the caution??

CR001 wrote: ↑

Sun May 05, 2019 3:40 pm

You have a pending tier 2 extension for 2 years already??

I had Tier 4 visa before i applied for my Tier 2. Yes, It has been 2 years since i applied for my Tier 2 visa.

CR001 wrote: ↑

Sun May 05, 2019 4:41 pm

What was the caution that you were offered for and what date was it offered??

Why did you not want to accept the caution??

The caution was offered under Charity Act 2011 Section 60. (Supplying false and misleading information to Charity Commission)

The reason i did not accept because, the accounts i signed as a trustee was independently prepared and examined by qualified accountant. Now police are saying the income and expenses was overstated in that accounts.

As per police as i signed as a trustee therefore, i have provided misleading information to the Charity Commission. which is not justifiable.

CR001 wrote: ↑

Sun May 05, 2019 3:40 pm

You have a pending tier 2 extension for 2 years already??

Helo CR001,
Yes I have pending 2 years extension for Tier 2. Could you please tell me what will happen to my pending Tier 2 application if i receive any non custodial sentence from the court. Will i get the visa or it would be refused? Do i have to make a fresh application with new COS?

Regards