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Can I apply for PSW while on police bail?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jadi92
Newly Registered
Posts: 2
Joined: Sun Apr 07, 2024 1:03 pm
Pakistan

Can I apply for PSW while on police bail?

Post by jadi92 » Sun Apr 07, 2024 1:09 pm

Hello everyone, I was arrested by police on 30th Jan on some offenses by my wife and then they released me on bail on the second day and I never been charged for it but my bail period is till 26th April. My Msc. Degree is completed in march and my student visa is expiring end of may.
Should I wait to end my bail period first and then apply for psw? Or it’s still good to apply now?

Also, do I need to mention my offense in my psw application Or it’s fine not to mention as it’s not been charged?

Thanks

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Frontier Mole
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Posts: 4413
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Can I apply for PSW while on police bail?

Post by Frontier Mole » Sun Apr 14, 2024 12:37 pm

You must declare the arrest and your current status under police bail if you intend to apply now.
Note that police bail can go on well beyond the date given initially.

Your application will ask

At any time have you ever had any of the following, in the UK or in another country?
A criminal conviction
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
An arrest or charge for which you are currently on, or awaiting trial
A caution, warning, reprimand or other out-of- court penalty
A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
A civil penalty issued under UK immigration law

The reason this question appears is due to Part 9 of the Immigration Rules, which enables the Home Office to refuse or cancel applications to enter or stay in the UK on the basis of criminal or non-conducive grounds. It is likely that your application will be placed on hold pending the outcome of the investigation.

Kashi0707
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Posts: 2
Joined: Mon Apr 15, 2024 8:50 pm
India

Re: Can I apply for PSW while on police bail?

Post by Kashi0707 » Mon Apr 15, 2024 8:55 pm

Hey , did u got psw ?? As i am sailing in the same boat , my husband got a conditional caution and we are awaiting to apply his PSW , i was wondering if you declared in your application about the police caution or not ?? Please helpp

Kashi0707
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Posts: 2
Joined: Mon Apr 15, 2024 8:50 pm
India

Re: Can I apply for PSW while on police bail?

Post by Kashi0707 » Mon Apr 15, 2024 8:57 pm

Please let me know if you got your PSW without mentioning in application as my partner who is dependent has got a conditional caution and now we are awaiting to apply his PSW . Please let me know

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Frontier Mole
Respected Guru
Posts: 4413
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Can I apply for PSW while on police bail?

Post by Frontier Mole » Mon Apr 15, 2024 10:33 pm

You do know that applications go through a PNC check? If you don’t declare it then you run the risk of refusal and a ban for deception.
Non custodial sentences and below rarely invoke a refusal so there is no point in not declaring it.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Can I apply for PSW while on police bail?

Post by Casa » Mon Apr 15, 2024 10:40 pm

Kashi0707 wrote:
Mon Apr 15, 2024 8:57 pm
Please let me know if you got your PSW without mentioning in application as my partner who is dependent has got a conditional caution and now we are awaiting to apply his PSW . Please let me know
According to the single post on the forum made a week ago, new member jadi92 hasn't even submitted a PSW application. Please don't high-jack another member's topic. It's unfair to the original poster and also causes confusion.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

AmazonianX
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Posts: 7623
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Can I apply for PSW while on police bail?

Post by AmazonianX » Fri Apr 19, 2024 6:32 am

jadi92 wrote:
Sun Apr 07, 2024 1:09 pm
Hello everyone, I was arrested by police on 30th Jan on some offenses by my wife and then they released me on bail on the second day and I never been charged for it but my bail period is till 26th April. My Msc. Degree is completed in march and my student visa is expiring end of may.
Should I wait to end my bail period first and then apply for psw? Or it’s still good to apply now?

Also, do I need to mention my offense in my psw application Or it’s fine not to mention as it’s not been charged?

Thanks
Whenever you apply you will need to declare it. And has said this may result in uour application being on hold till investigation and or prosecution is concluded.
Aware of a family whose lead applicant was investigated, prosecuted and found not guilty, it was till 1week after being discharged and acquited that HO made a decision on their application 2years and 9months later.

jadi92
Newly Registered
Posts: 2
Joined: Sun Apr 07, 2024 1:03 pm
Pakistan

Re: Can I apply for PSW while on police bail?

Post by jadi92 » Sun Apr 28, 2024 2:30 pm

Thanks for your replies everyone, Yeah I didn’t apply for my PSW yet.
As my bail attendance was on 26th april and I got call from my solicitor on 25th April that I’ve been dropped off the case with no charge and no need to go to police station on 26th. And also got their confirmation letter next day.
Now I will apply for my PSW soon, but now question is, still it’s better to mention all that situation while applying for PSW or it’s okay if I not mention this at all?

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