Need Advice

ahmadcambridge · Post by **ahmadcambridge** » Thu Oct 01, 2015 6:56 pm

Dear Sir/Madam
I hope you are fine. I was arrested by the Police 2 weeks before illegally on the false alleged allegations of assault. I have spent 10 hours in the Police station and I requested a Duty Solicitor for an interview. Police gave me the following decision by the post. The text of decision is:

“You are no longer required to surrender to bail at the time and date shown. The reason for cancelling your bail is based on the evidence available at this time No further action will be taken against you. However, if further evidence comes to light or following a review decision, consideration will be given to re-examining this case. It is important, therefore, that you keep material upon which you rely in a safe and secure manner”

I have checked with my Duty Solicitor and Cambridge Citizen Advice Bureau about the implications of this decision. They told case has been no further actioned against you (discontinued). This is not a criminal conviction or civil judgement or caution or warning. Further they told however it may appear in a DBS check that you were arrested for the alleged offence.

I have to apply for my British citizenship in next 3 weeks. In the application form they asked the following specific questions.

a) Have you been convicted of any criminal offence in the UK or any other country?

b) Do you have any civil judgement against you or any civil penalty in the UK or any other country?

c) Have you received any cautions (simple or conditional), warnings or reprimands in the UK or any other country?
d) Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?

Duty Solicitor and Cambridge Citizen Advice Bureau told me you can honestly answer 'no' to those questions (a, b and c) on the form because I have no other criminal offence, any civil judgement, any cautions (simple or conditional), warnings or reprimands in the UK or any other country.

However, they pointed out that in the Guidance to Form AN on the gov.uk website, there is a section 3.15 which reads below might be relevant to question d

“You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so”.

I have three questions.
Whether you think that clause (3.15) covers the kind of incident that I have described?
Should I disclose voluntarily that I was arrested for the alleged offence as additional information with naturalization application?
Do you think it will impact (disclosure or not disclosure) my application?

I hope to hear from you soon.

Regards,

Post by **noajthan** » Thu Oct 01, 2015 11:24 pm

ahmadcambridge wrote:Dear Sir/Madam
I hope you are fine. I was arrested by the Police 2 weeks before illegally on the false alleged allegations of assault. I have spent 10 hours in the Police station and I requested a Duty Solicitor for an interview. Police gave me the following decision by the post. The text of decision is:

“You are no longer required to surrender to bail at the time and date shown. The reason for cancelling your bail is based on the evidence available at this time No further action will be taken against you. However, if further evidence comes to light or following a review decision, consideration will be given to re-examining this case. It is important, therefore, that you keep material upon which you rely in a safe and secure manner”

I have checked with my Duty Solicitor and Cambridge Citizen Advice Bureau about the implications of this decision. They told case has been no further actioned against you (discontinued). This is not a criminal conviction or civil judgement or caution or warning. Further they told however it may appear in a DBS check that you were arrested for the alleged offence.

I have to apply for my British citizenship in next 3 weeks. In the application form they asked the following specific questions.

a) Have you been convicted of any criminal offence in the UK or any other country?

b) Do you have any civil judgement against you or any civil penalty in the UK or any other country?

c) Have you received any cautions (simple or conditional), warnings or reprimands in the UK or any other country?

d) Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?

Duty Solicitor and Cambridge Citizen Advice Bureau told me you can honestly answer 'no' to those questions (a, b and c) on the form because I have no other criminal offence, any civil judgement, any cautions (simple or conditional), warnings or reprimands in the UK or any other country.

However, they pointed out that in the Guidance to Form AN on the gov.uk website, there is a section 3.15 which reads below might be relevant to question d

“You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so”.

I have three questions.
Whether you think that clause (3.15) covers the kind of incident that I have described?
Should I disclose voluntarily that I was arrested for the alleged offence as additional information with naturalization application?
Do you think it will impact (disclosure or not disclosure) my application?

I hope to hear from you soon.

Regards,

It's a tough call.

If, as stated, it was an illegal arrest based on a malicious accusation then you didn't actively engage with anything; you are a sort of innocent bystander caught up in someone else's 'engaging in activities'.
And if it was a false allegation about something that never actually happened then you weren't 'involved' in it. (How can you be involved in someone else's imagination).

However, if you take the para 3.15 advice literally then, as you evidently have a doubt, declare the event.
Suggest include the police document or letter you have as supporting evidence of the (limited) scale/scope of the matter.

You have then fully declared the facts whether they are material or not.
If you should have done so then you have done so - & HO will be aware of it anyway.
if it is irrelevant 'noise' it will be discounted.

Further guidance which may help you come to your decision:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

ahmadcambridge · Post by **ahmadcambridge** » Fri Oct 02, 2015 8:08 am

Dear Sir/Madam,

Many thanks for your advise. I will consider it. Can someone else make suggestion please,

ahmadcambridge · Post by **ahmadcambridge** » Sat Oct 10, 2015 2:46 pm

Dear Sir/ Madam
I became a naturalized citizen this year. My wife is in UK since Sept 2008 and we married in Aug 2012 in Pakistan. She was on student visa from Sept 2008 to Feb 2015 and from Feb 2015 she is on spouse visa. I have following queries.
Is there any way that her previous period from Sept 2008 to Feb 2015 can be counted to get ILR on some fast track?
Is there any way she can apply for citizenship or ILR on some fast track rather than long wait?
Thanks

Post by **CR001** » Sat Oct 10, 2015 3:06 pm

ahmadcambridge wrote:Dear Sir/ Madam
I became a naturalized citizen this year. My wife is in UK since Sept 2008 and we married in Aug 2012 in Pakistan. She was on student visa from Sept 2008 to Feb 2015 and from Feb 2015 she is on spouse visa. I have following queries.
Is there any way that her previous period from Sept 2008 to Feb 2015 can be counted to get ILR on some fast track?
Is there any way she can apply for citizenship or ILR on some fast track rather than long wait?
Thanks

How can you already be a citizen when your original query when you started the thread on 1st October 2015 said you were 'applying in 3 weeks time'?

I have to apply for my British citizenship in next 3 weeks.

And no, there is no 'fast track' way for your spouse and no, she cannot combine Tier 4 time to her spouse visa to make up 5 years residence. She will need ILR after 5 years on spouse visa (ILR in 2020) or she needs 10 years legal residence for ILR based on long residence (ILR in 2018). Only once she has ILR can she apply for citizenship if she meets all the requirements.

ahmadcambridge · Post by **ahmadcambridge** » Mon May 16, 2016 6:46 pm

Dear Sir/Madam

I hope you are fine. I am British citizen now and my wife is living with me on spouse dependent visa. I need to travel abroad for my personal reasons. I need to know for how long I can stay continuously abroad (3 months or 6 months for example) so it may not have any implications on my wife's immigration status. She is not traveling with me.

Regards,

Naveed

ahmadcambridge · Post by **ahmadcambridge** » Tue May 17, 2016 5:36 pm

Dear Sir/Madam

I hope you are fine. I am British citizen now and my wife is living with me on spouse dependent visa. I need to travel abroad for my personal reasons. I need to know for how long I can stay continuously abroad (3 months or 6 months for example) so it may not have any implications on my wife's immigration status. She is not traveling with me.

Regards,

Post by **noajthan** » Tue May 17, 2016 5:44 pm

Please refrain from starting new topics on the same query. Topics now merged.

See Multiple Posts (click)

ahmadcambridge · Post by **ahmadcambridge** » Tue May 17, 2016 7:51 pm

Dear Sir,

Sorry for inconvenience it may caused. Can I get get answer for my last query from your good self.

Kind Regrads

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