Arrested but Not charged need information can i apply for BN

Hi All,

first i will like to say thanks to the person/people running this webiste.
People you are doing a great service and i have only spent couple of hour reading some post and i can see how usefull this message board is , great work everyone.
I am not an expert but will try to provide as much information as i can with the knowlege i have.

Now lets come to an important issue and i am bit stuck here and i need advise from you all.
I have been in UK for last 8 years and i can say that i always follow rules never even broken a single rule touch wood and i will like to keep it like this.
Unfortunatley i was arrested for(money laundering) via mistaken identity back in July 2013 as i knew i was innocent and have not done anything wrong police interviewed me infront of my solictors and let me go.
after that i received a letter from police in couple of weeks time saying No further action will be taken as they dont have infomration/evidence related to my case.

I applied for ILR then in december 2013 and they told me that i have a record against my name in police records and it might be delayed.
i explained to my case worker as there was no option in ILR form saying that have you been arrested and convicted i thought i dont need to tell homeoffice about this. I also provided him the letter from the police and my solictors saying no further action is taken on my arrest.
which helped me in getting my ILR the next day.

Now its been over a year and i fulfill all the requirments for british citizen and now again in the form there is no option saying have you been arrested and not convicted?

i need advise that what should i do. should i include the information about my arrest with application or should i leave it out.
i am looking to apply via NCS by end of january.
can you please advice that do i ful fil the requirment for a good charter and can i apply for my nationatlity and should i declare i was arrested in section 3.15 or not should i attach the letter i received from police.


here is how i filled in my AN form section 3
3.1- No
3.3- No
3.7-No
3.8-No
3.9-No
3.10-No
3.11-No
3.12-No
3.13-No
3.14-No

Your advice on above issue will be greatly appreaciated.

Hi,

Only you can decide what you should do but it come up for ILR so most likely it will come up again.

If I was in your position, I'd mention it in the extra information and if you have the letter still to say the charges were dropped then include it aswell

That's just me though.
Better for you to declare but the caseworker overlook it, then not declare it and risk them refusing it for whatever reason

I agree - it is *potentially* relevant as to your character, and not mentioning could well cause far more trouble than mentioning it. I would definitely attach the police "no further action" letter.

Hi erdogan1 and avjones
Thanks to both of you for replying.

I am making up my mind to declare this is extra section.

Is there anyone on the message board who has had the similar case as me?
where they have applied and have got the reply back from HO?

It will be nice to see if anyone has applied where they got arrested not convitced and what was the end result of the application.

regards

http://www.immigrationboards.com/britis ... 62-20.html

Read ibrahim9140 post on second page and you can make your mind up. Form doesnt suggest to state whether you been arrested or not, it simply asks convicted caution etc, so in my opinion if you want to invite trouble then go ahead and mention but expect delays.

hope that helps

I always go towards declaring too much, rather than too little - like with insurance contracts. If you tell them something irrelevant, they ignore it. if you don't tell them something relevant, all hell breaks out.

hi All,

Thanks for your messages.
I have just discusssed this with one my friend she is a solictor by profession but not an imigration expert.

After looking at the form/Booklet and the guide she has advised me not to declare anything.
Her argument is that there is no indication anywhere in the form/guide or booklet that you have to tell home office if you have been arrested and not convicted.
HO will search the police records but will find NFA against your name and that should be enough evidence for them.

I have also message the Guy (@waiz89k) who started the thread which @mysteryteller informed me about and see what is his thoughts on this and has he applied for BN aleardy and did he declared in his application that he has been arrested and not convicted.

Any more sugesstions or people with similar case please post your experience.

thanks

Up to you. The question that is potentially relevant is:

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

That's a very, very wide net to be cast. might indicate you may not be......

I don't believe it's a question of withholding any relevant info from HO by not mentioning it in your application hence should not be classified as a deception or applicant being of not good character.

Police checks would be carried out regardless of this info being disclosed by applicant or not and in my opinion, by writing this info in your application, you could potentially cast doubt on your character by yourself as it could give the impression to the case worker that you're not confident of having a good character by yourself.

avjones wrote:Up to you. The question that is potentially relevant is:


That's a very, very wide net to be cast. might indicate you may not be......

Again, in my opinion , anyone who has been arrested for the reason of being a threat to public/violence, Sexual offense, multiple arrests etc but not charged/convicted etc may fall in this category.

Police arrest thousands of innocent individuals and then release them without charge so, having being arrested alone shouldn't/wouldn't indicate that an individual is of not good character.

Hi all,

Thanks for all your answers .
I will like to share the good news with you all.

My application for British Citizenship has been approved.
I did not mention anything about my Arrest in application.

this form has been great help.

thanks all again

Congratulations! This is great news.

Users pointing out arrest does not necessarily mean not of good character are absolutely right. False allegations are apparently on the rise, and there are also a number of wrong arrests happening every day.
Individuals can apply for record deletion and applications are usually granted, especially in the cases of false allegations and wrongful arrest/mistaken identity.

The thing I'm not sure of is whether nationality caseworkers make their checks with the PNC (Police National Computer) or the (relatively) newly-created PND (Police National Database). Most people know about PNC and how it works. PND is something completely different and quite alarming. It connects the systems of individual police forces and basically contains information about victims of crime, people of 'interest', etc. It's a bit of a soft intel thing. I learned recently that even if a person is wrongly arrested and then granted record deletion (PNC, fingerprints and DNA records will disappear), their details will stay on PND indefinitely, custody photograph included.

Hi every one
I need some advice please I have applied for BN in May 2017 some one made a false allegations against me and I been arrested by the police on 19/6/2017 they released me under investigation after they interviewed me do I have to tell the home office about the arrest as soon as or wait till I see the outcome of this allegation.
Thank you