ILR whilst under police investigation

[Maddy1967]

My foreign husband has been in the U.K. since 2011, we were just about to apply for ILR when he was arrested and since released pending investigation.

Whilst I’m confident, there is zero evidence of this allegation and all will be fine , he only has the right to remain until June 2021 so should we hold out for the charges to be dropped or apply and when they ask this question on ilr form

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

Say no ??? As he is not on or await trial. I absolutely want to do the legal and right thing.

If we apply now, would they just delay the decision until the investigation or worse case , trial is over ? When found innocent, could they refuse on the grounds of no smoke without fire ???

I assume not.

Any advice much appreciated

Thanks for taking the time to read this

[TODMATT]

on what basis are you applying for his ILR?

[CULLINAN]

Obviously he MUST apply before the current visa expiry. The good scenario is the case is dropped on NFA before June so he does not have to declare anything.

But if the investigation is ongoing whenever he applies, he must declare the arrest with details.

Your husband will be covered by Section 3C and will not be an overstayer as long he makes an application in time.

However, the ILR decision will be on hold till the police investigation is finalised. The ILR decision will depend on the outcome then.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

[Maddy1967]

Obviously he MUST apply before the current visa expiry. The good scenario is the case is dropped on NFA before June so he does not have to declare anything.

But if the investigation is ongoing whenever he applies, he must declare the arrest with details.

Your husband will be covered by Section 3C and will not be an overstayer as long he makes an application in time.

However, the ILR decision will be on hold till the police investigation is finalised. The ILR decision will depend on the outcome then.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

Apologies for delay replying, sounds good advice and what I assumed. Thanks

[Maddy1967]

on what basis are you applying for his ILR?

On the basis he is married to an EU citizen , sorry not sure of the legal response...