Suspect for crime in Scotland by Home Office

[noajthan]

What if i make Basic Disclosure in Scotland.
Is that enough??
Im after telephone to HO.
I talk about this situation and say that PF can not give me this written evidence as this person is not me.
However if I write back to home Office that if you contact telephone to PF they can confirm.
Do I can trust them??

Not sure what HO will actually accept but from the letter you posted earlier they ask for:

... written evidence to us from either the Procurator Fiscal or the Police confirming that all charges in this case have been dropped OR that you are not the person who has been arrested in connection with this offence

- so some sort of evidence from PF &/or police seems to be expected.

Your DOB being different from the alleged offender is hopefully enough for you to get through this.

Note its probably not good enough to talk to a general HO helpline - you would need to get through a caseworker for your case if you want to talk to someone in HO. Anyone else will not know the details and may confuse or mislead you.

Can you also ask the PF for details of any imminent court case (assuming there's going to be a scheduled case in a public court).
I don't know about court procedure but that may contain details of all the accused people.

[HipHopAst]

Hi.
Thinks look better now as I'm just receive e-mail from PF.
Email state:

Good afternoon,

I have checked your details as listed below and we have no matters pending. If the police have spelt your name incorrectly it may cause an issue.

Is that enough or I still need to keep digging?
Regards

[noajthan]

Hi.
Thinks look better now as I'm just receive e-mail from PF.
Email state:

Good afternoon,

I have checked your details as listed below and we have no matters pending. If the police have spelt your name incorrectly it may cause an issue.

Is that enough or I still need to keep digging?
Regards

Good start.

You still can't avoid slipups from an over-zealous caseworker slavishly following their process.

Suggest do what you can to persuade whoever sent the email to also put it in writing to you on official headed letterpaper.

Explain to them what's happened and why its so important.
Ask them to refer to your full name & DOB in the letter too - so when they say the offender is a different person its really beyond doubt.

[leavetoremain]

Home Office by itself is in a mess. Shows how primitive their systems are. Why would one go by just the name is beggars belief? They should have added more criteria to their search before coming to a conclusion that the applicant is a criminal. On top of that, giving just one week to respond is draconian.

Looks like it is easier to for illegal immigrants to get ILR / Citizenship over genuine ones.

[HipHopAst]

Hello.
Just to upgrade current status.
I wrote letter explaining what I done and attach email from Procurator fiscal.
Also I as i was advised on forum i send email to PF and send letter to Crown Office and Procurator Fiscal Service, 25 Chambers Street, Edinburgh, EH1 1LA. I ask for official letter.
All sent 1st class Recorded.
On Monday will call again to PF office And try to ask them to speed thinks up so i can receive letter from them and send to HO latest on Thursday.

[Gomjaba]

After the email, and if it would be me, I'd be in the way to the PFs office, with a prepared letter from the PF to the HO so all they need to do is sign and stamp, merely repeating the email. Or if all fails, print email, drive over there and have it signed and stamped. I would not rely on Royal Mail or hope they respond to mails. Being there in person always weighs more than a mail which can be filled. Again, that's just me.

[HipHopAst]

Yes sure 8 hours driving in one way. With out traffic. Are you serious??
I'm live on south Coast. And you not are in 100% sure they will sign this paper.

ts probably not good enough to talk to a general HO helpline - you would need to get through a caseworker for your case if you want to talk to someone in HO. Anyone else will not know the details and may confuse or mislead you.

With pleasure I cane speak with caseworker .
When i mention this to HO helpline he say that if everyone will call to caseworker then he will answer the phone all day long.
Any ideas how to get phone number to them??

[noajthan]

Hello.
Just to upgrade current status.

...

On Monday will call again to PF office And try to ask them to speed thinks up so i can receive letter from them and send to HO latest on Thursday.

Sounds like you've done all you can at the moment.

Good luck.

[noajthan]

Yes sure 8 hours driving in one way. With out traffic. Are you serious??
I'm live on south Coast. And you not are in 100% sure they will sign this paper.

ts probably not good enough to talk to a general HO helpline - you would need to get through a caseworker for your case if you want to talk to someone in HO. Anyone else will not know the details and may confuse or mislead you.

With pleasure I cane speak with caseworker .
When i mention this to HO helpline he say that if everyone will call to caseworker then he will answer the phone all day long.
Any ideas how to get phone number to them??

The only clue to finding the caseworker would be from the letter you received - if that had any reference number plus office & phone details (ofcourse official's name would be nice too).

Worst case, as suggested previously, you may have to go in person and sit in PF office until they give something in writing.

No need to drive that far.

For example, you can get a round trip: fly up on Sunday, back home on Monday night, from Southampton to Edinburgh for £201.
http://www.skyscanner.net/transport/fli ... se#results
- there must be a budget hotel or B&B to be found in Edinburgh for one night.

[HipHopAst]

There is phone number 0300 123 2253 so its not dedicated to this case its general phone to Visa and immigration department.
I have The Ref number but when I say that can you find caseworker by this number they refuse to do so.
Its look like there is no way to contact them.
You need to take in consideration then some people have work and they work for living. Not sitting all day on benefits. But if I didn't get anything on Monday I consider trip to them.
I send to HO email with no respond whatsoever.

[noajthan]

There is phone number 0300 123 2253 so its not dedicated to this case its general phone to Visa and immigration department.
I have The Ref number but when I say that can you find caseworker by this number they refuse to do so.
Its look like there is no way to contact them.
You need to take in consideration then some people have work and they work for living. Not sitting all day on benefits. But if I didn't get anything on Monday I consider trip to them.
I send to HO email with no respond whatsoever.

'Benefits', whats that?

Forget the helpline. Its contact the caseworker or nothing.
Everything in writing then, as you are doing, if you can't find the direct number.

If no satisfactory PF feedback by Monday you may have to go there.
Remember, if the caseworker does refuse your application, you face a potential 10-year ban for what the HO sees and classes as 'deception' in the application.
And then you'll have to fight to overturn that by means of a reconsideration; (no appeal).

[HipHopAst]

Where is 'deception' when I did not hide anything and already have proof that I'm not charge in this crime??
I know its not perfect but better then nothing. And this person its not me so where I lie to HO??
I understand if I'm not respond for his letter but when he ask for written confirmation that I'm not have any pending prosecution I give him.
So ill hire lawyer and then will fight for reconsideration as i haven't done anything wrong.

[noajthan]

Where is 'deception' when I did not hide anything and already have proof that I'm not charge in this crime??
I know its not perfect but better then nothing. And this person its not me so where I lie to HO??
I understand if I'm not respond for his letter but when he ask for written confirmation that I'm not have any pending prosecution I give him.
So ill hire lawyer and then will fight for reconsideration as i haven't done anything wrong.

That's the gist of the letter they sent you.
And as per the guidance I think I linked for you earler, for pending cases the result of any case doesn't matter to them.

The problem is they think you suppressed material facts.
And they've put the obligation on you to clear your name.

That's why it may be in your interest to go to Edinburgh if you dont get enough response by mail.

[HipHopAst]

Can they refuse application on what I send to them??
Or they respond that this is not enough and i need send something else??
The problem is 7 working days is not enough to do this for someone who newer have problem wit law and don't know procedures hear.
I understand 2 full weeks at list but this.
I can do Basic Disclosure Scotland but in letter is that i have to give them written evidence from Police or PF. As police keep silent about this so only thing is PF.
If I go there how i can be sure that they will sing this because someone ask to do so??

[noajthan]

Can they refuse application on what I send to them??
Or they respond that this is not enough and i need send something else??
The problem is 7 working days is not enough to do this for someone who newer have problem wit law and don't know procedures hear.
I understand 2 full weeks at list but this.
I can do Basic Disclosure Scotland but in letter is that i have to give them written evidence from Police or PF. As police keep silent about this so only thing is PF.
If I go there how i can be sure that they will sing this because someone ask to do so??

Well noone can tell, except the caseworker.
That is why a 'belt & braces' approach gives you insurance.

If a Disclosure report can be obtained in time then send that too.
But the HO caseworker's letter was clear - they expect something in writing from PF.

You have got an email from PF and sent it to HO already - that's a good start.
A letter on offficial letterpaper (however you get it & whatever it takes) will make sure HO caseworker can have no room for doubt.

Maybe you can call the PF office before you go there; try to make an appointment with someone in the PF office.

Otherwise go there and sit there until they see you and help you.
(That's what I'd do - fly out one evening, go to their office next day; return home in the evening).

[Gomjaba]

Yes sure 8 hours driving in one way. With out traffic. Are you serious??
I'm live on south Coast. And you not are in 100% sure they will sign this paper.

ts probably not good enough to talk to a general HO helpline - you would need to get through a caseworker for your case if you want to talk to someone in HO. Anyone else will not know the details and may confuse or mislead you.

With pleasure I cane speak with caseworker .
When i mention this to HO helpline he say that if everyone will call to caseworker then he will answer the phone all day long.
Any ideas how to get phone number to them??

No need to be snappy. We are trying to help. You hope you can get an assurance on a public forum where nobody knows you. How am I supposed to know how far away you live from Scotland. And as I said , I said if I WERE you. I am not trying to tell you what to do, but I can tell you that given the short notice, I personally wouldn't want to waste a weekend on forums but cycle there if needed, even if I'd come from Dorset.

I have driven from Aberdeen to Cambridge and return for a signature for a potential job (whilst on holiday). It all depends on how important things are to you, their consequences and if you ever get the same chance again. With the view of a ten year ban I certainly would be on the phone and mail myself .... whilst sitting on the train enjoying overpriced bad coffee.