T2G - ILR Application queries

Hello,

I am currently on Tier 2 General visa and in process of applying for my ILR after completion of 5 years.

Query 1:

5 years ago, I was arrested by the police, was in custody for 20 hours and then released on bail after interview. After a month I received a letter stating No further action will be taken in this case due to lack of evidence. No conviction, no charges or warning issued by the police.

In my previous T2G Leave to Remain/Visa extension applications I have been answering the following question as "NO" and by god's grace the applications have always been successful without any questions raised by the HO.

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

However I have been advised that for an ILR application I have to disclose any arrest even if there was no further action taken. Please advice if I have to disclose that arrest. If yes, then where do I need to mention this information please?

Query 2:

I am employed on a Fixed Term Contract by my current employer which expires in July 2021 and so does my Visa. Although my 6 years term on T2G will finish 2 weeks later in Aug 2021.

- For ILR I need a letter from the employer stating that they need me for the "foreseeable future". How many months in the future from now will be considered as foreseeable future?
- If my employer mentions that my contract will end in July 2021 (instead of using the wording "foreseeable future"), would that have any negative impact on my ILR application?

Your help in answering the above questions will be highly appreciated.

1) As long the case was NFA’d no need to declare. An arrest alone is not a criminal conviction. The form only asks:

An arrest or charge for which you are currently on, or awaiting trial

2) You should follow the guidance. It says to state the foreseeable future.

Thanks Cullinan,

I am not sure if HO has a set definition of the word "Foreseeable future" if it means next 6-7 months then I should be fine, but if it means indefinite time, then there might be a problem as I have a FTC ending in July, 21.

goodfaith55 wrote: ↑

Thu Nov 19, 2020 11:33 am

Thanks Cullinan,

I am not sure if HO has a set definition of the word "Foreseeable future" if it means next 6-7 months then I should be fine, but if it means indefinite time, then there might be a problem as I have a FTC ending in July, 21.

As long your employer provides you with those words, do not worry about the definitions.