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Threat
Posted: Mon Sep 27, 2010 2:00 pm
by renegadejay
I am about to apply for ILR in March 2011. I have some one in pakistan that is threatening me to send a letter to British embassy for a case against me. The case filed against me is for stopping the cheque that the opposite party tried to deposit. This checque notissued by me, but issued by my attorney holder. However the only intention of the opposite party is to get me in Pakistan and than forcefully get more money off me.
I requested the attorney holder to stop the payment as opposite party breached the contract. They keep sending me summons, but I dont think it is feasible for me to go Pakistan for silly case against me.
My question is will British Embassy consider the letter/summons sent by party's lawyer? will it affect my ILR?
please advise
Posted: Mon Sep 27, 2010 2:27 pm
by geriatrix
One of the questions in the settlement form that you need to answer (truthfully) is:
Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?
Another question, that may be(come) relevant in your circumstances, that needs to be answered is:
Have you or any dependants who are applying with you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?
regards
Posted: Mon Sep 27, 2010 2:31 pm
by renegadejay
thank you for your response. But I am not proven guilty or not guilty yet. The chances are skint any way, as the cheque does not belong to me!
I also dont know if the letter is sent to British Embassy or not? so if I disclose, they case worker might prolong.
sushdmehta wrote:One of the questions in the settlement form that you need to answer (truthfully) is:
Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?
regards
Posted: Mon Sep 27, 2010 2:34 pm
by geriatrix
The question above enquires whether you have been "charged" in a criminal case - and not whether you have been convicted / acquitted.
Also, there is no question in the form enquiring about charges in "civil" case(s). So is this case against you a criminal one or civil one (as per Pakistan's law)? If the latter, then it may not affect your settlement application.
If you have been issued a court summons, you are a party to the dispute and it is for you to prove otherwise in the court.
regards