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ILR no charges/no convictions what to do now?

Posted: Mon Mar 26, 2012 8:40 am
by ra_one_2011
Hi Everyone,
Here’s my problem…
I am on Tier-1 just now and will be eligible to apply for ILR in mid-April. But just last year before Christmas, I was charged for motoring offence and police sent my case to court but court had dropped my charges and I didn’t get any punishment, fine or conviction. I didn’t go to court, no DNA or figure print taken. Now here’s my dilemma..
As per SET(O) form section -7 I am going to tick ‘no’ on all questions as I don’t have any conviction and don’t have any pending case in court against me. So some people(immigration advisors & solicitors) says that I shouldn’t mention about those incident anywhere on the form and some (advisors & solicitors) says that I should mention about this incident. Ok, I supply some more information here, I have done my basic CRB and it doesn’t show anything but I do local police SAR it says I was charged but case has been close now. So could anyone here suggest me what to do in section -7 or at the time of my application. Should I mention about my closed case or not?
I appreciate your reply.
Thanks in advance.
ra_one_2011

Re: ILR no charges/no convictions what to do now?

Posted: Mon Mar 26, 2012 2:41 pm
by ra_one_2011
hi Please reply Moderators??

Posted: Mon Mar 26, 2012 3:41 pm
by laweee
Hello ra_one_2011

I was in a similar situation some months ago and I got my ILR just last week.

I was stopped by the British Transport police for travelling on a train without a valid ticket. However, the rail company didn't charge me to court nor was there any follow-up.

A few weeks later I did the local police SAR and it said that I was arrested for travelling without a ticket. I actually got in contact with the transport police to clarify that I wasn't arrested.

Long story short, I did the basic disclosure from Disclosure Scotland and it came back clean. So I didn't mention any caution or arrest in my ILR application, and it was successful.

So as long as your basic CRB says no conviction/caution you don't need to mention it in your ILR application.

Posted: Mon Mar 26, 2012 7:48 pm
by ra_one_2011
thanks Lawee