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Applying for ILR- NEXT WEEK & NEED URGENT HELP

Posted: Wed Jul 31, 2013 6:40 pm
by ali933
All,

i am going to apply for ILR next week and i am confused regarding below incident which happened last year.

In august 2012 i was charged under section 39 by beating
and then my wife with draw from her complain but CPS decided to go ahead with this case .

this case took 4 months before it got dismissed by court on 21st of december 2012 as my wife didnt attended court so judge dissmissed the case against me.

I am on tier 1 (general) and i am qualifying for ILR next week. i am confused as what to declare on SET (O) FORM as there wasnt any criminal convication.

can some on help me on this as what should i say IF I NEED TO DECLARE IT THEN UNDER WHICH CATEGORY AS CASE WAS DISSMISSED.

ANY EXPERT ADVISE PLEASE -

THANKS

Posted: Wed Jul 31, 2013 6:42 pm
by Amber
No conviction = nothing to declare.

reply to Amber.

Posted: Wed Jul 31, 2013 6:45 pm
by ali933
thanks for instant response.
but what happens if they find out while taking finger prints i am just curious as this was court matter & criminal proceedings??

Posted: Wed Jul 31, 2013 6:46 pm
by Amber
If you were found not guilty it is not relevant unless there is evidence that you are a criminal. Try to not worry about it.

Amber

Posted: Wed Jul 31, 2013 6:48 pm
by ali933
so you are saying i should put no in this criminal convication question.
and no need to put any detail as what happend ?

!!!!

Posted: Wed Jul 31, 2013 6:51 pm
by ali933
Any expert advise!!!

Posted: Wed Jul 31, 2013 7:35 pm
by Amber
You tick no if you do not have a criminal conviction and you don't need to declare something when you're found not guilty as you've not committed an offence. There is a provision to refuse on the grounds of public interest however, this is where there is clear evidence of criminality.

Posted: Wed Jul 31, 2013 7:47 pm
by ali933
thanks Amber as your response has cleared confusion i had.

Posted: Wed Jul 31, 2013 8:33 pm
by Amber
You're welcome, when they check the PNC it will be on the system that you were arrested. Although you're not required to declare the arrest, the PNC might not show the outcome, sometimes they don't, it might be advantageous to include a note in your application that you were arrested but subsequently found not guilty.

Posted: Thu Aug 01, 2013 12:16 am
by ali933
thanks
I have also got PNC & in that it clearly shows that case was dismissed.

so i will keep PNC with me if asked i will then submit to case worker..

Posted: Thu Aug 01, 2013 7:28 am
by Amber
ali933 wrote:thanks
I have also got PNC & in that it clearly shows that case was dismissed.

so i will keep PNC with me if asked i will then submit to case worker..
Oh that's better if you know it's detailed as dismissed then, nothing to worry about.

Posted: Thu Aug 01, 2013 11:40 am
by ali933
Amber-

also if you can help me with this 5 year rule for hsmp.

I got approval letter for hsmp on 23/06/2008 and got stamped as tier 1 (general) migrant on 4th of september 2008.

I am completing my 5 years on 4th of september 2013 but i am going 27 days early on 8th of august 2013.


My current visa is till 16th of september 2013.

just want to confirm from you that home office says we can apply before 28 days of completing 5 years.

what do you say on this?

ILR -APPROVED

Posted: Sat Aug 10, 2013 5:57 pm
by ali933
thanks Amber

I got my ILR APPROVED WITH 2 HOURS at PEO CRYODON.


THANKS FOR YOUR TIME AND ADVISE.


NOW I HAVE TO APPLY FOR MY DAUGHTER.
BEFORE I APPLY FOR her BRTISIH PASSPORT I NEED TO APPLY FOR HER REGISTERTATION BY FILLING MN1 FORM ??? IS THAT CORRECT ???(as she was born here in UK)


I have also checked offical HO website and in this they have mentioned that we can go through council service??? so they will check everything and return original documents ... do you know anything about it.


Another more important question is my daughter has valid dependant visa till next month.
Should i apply before that expiry date or it really doesnt matter as childrens doesnt need any visa till the age of 7 or 9 ?? is that correct.

Please suggest when can i apply


Look forward to hear from you..

Posted: Sat Aug 10, 2013 7:02 pm
by Amber
Yes your child will be entitled to register a British by virtue of section 1(3) on form MN1. This can be done using the Nationality Checking Service (click) forget about your child's visa as she's applying for citizenship now.

Hi

Posted: Sat Aug 10, 2013 9:33 pm
by mtuckersa
Hi, I have a similar question as you just got your ILR approved.

Did you apply for your daughter as a dependant as our son was born here and I am not to sure if I should include him on the application or not. Seems like a lot of money if it is not needed.

Your advice would be highly appreciated.

Many Thanks,

Trudie

Re: Hi

Posted: Sat Aug 10, 2013 9:50 pm
by Amber
mtuckersa wrote:Hi, I have a similar question as you just got your ILR approved.

Did you apply for your daughter as a dependant as our son was born here and I am not to sure if I should include him on the application or not. Seems like a lot of money if it is not needed.

Your advice would be highly appreciated.

Many Thanks,

Trudie
If you're getting ILR and intend to register your UK born child as British then the child need not extend their visa.

THANKS AMBER

Posted: Sat Aug 10, 2013 11:14 pm
by mtuckersa
Maybe you can assist me with my questions posted earlier mtuckersa

Many Thanks

Trudie