Pending court date grounds for automatic refusal?

Hi there,
A family member was accepted to school in the UK, but has a pending court date on a misdemeanor that won't occur until after the school year starts. We are currently in the VISA process, but I'm wondering if it's a foregone conclusion the visa will be rejected and we should just cancel and have to wait another year or more. What do you think?
Thanks for the help.
b

baconman wrote: ↑

Mon Aug 12, 2019 6:39 pm

Hi there,
A family member was accepted to school in the UK, but has a pending court date on a misdemeanor that won't occur until after the school year starts. We are currently in the VISA process, but I'm wondering if it's a foregone conclusion the visa will be rejected and we should just cancel and have to wait another year or more. What do you think?
Thanks for the help.
b

Before appearing in court, he is innocent. If he is to be seen in court in X months, that not something he should share or put in a visa application. He is not supposed to. It's a court hearing and he might well walk clean from it.

Thank you!
We have already started the visa process and have the in-person meeting next week. Is it possible for us to fix that since we put it on the submission already?
Thanks so much for your help!
B

So to be clear, there was no arrest but charges were filed. There is a date currently set for trial and the current plea is not guilty. We had signified in the application that there was an arrest/charge in process. Do you still think that should be removed and can we cancel and start over?
Thanks again
B

baconman wrote: ↑

Tue Aug 13, 2019 2:50 pm

So to be clear, there was no arrest but charges were filed. There is a date currently set for trial and the current plea is not guilty. We had signified in the application that there was an arrest/charge in process. Do you still think that should be removed and can we cancel and start over?
Thanks again
B

You shouldn't have mentioned that. Even OJ Simpson before his trial (and even after) could've applied for a Tier 4 visa without mentioning anything around these lines.

Any authority can decide to press charges against anyone for anything. It doesn't mean the person is guilty and has to be a mention in the criminal record.

Anything that isn't mentioned or no longer mentioned in your criminal records doesn't exist. Nobody will know about it unless YOU talk about it.

Remember the 5th Amendment. You are not here to testify against yourself and voluntarize information that may hurt your application.

Thanks.
But then you would be saying you didn’t have a case pending and if you are found guilty that would be considered deceptive to the home office- resulting in a 10 year ban.
Not sure about the risk there.
B

baconman wrote: ↑

Wed Aug 14, 2019 7:34 pm

Thanks.
But then you would be saying you didn’t have a case pending and if you are found guilty that would be considered deceptive to the home office- resulting in a 10 year ban.
Not sure about the risk there.
B

If they ask you directly, answer honestly. But if they don't, don't bring it on the table.

I would have delayed the application util next year. I am not sure it would look good with that

Thanks, yeah - I think delaying it is what we will end up doing.
Thanks again
B