Decision Not Made - Outstanding Criminal Prosecution

[bathanza]

Dear mods and members

Posting on behalf of my friend. This has no relation to my own or husbands case

The Home Office have not made a decision on my friends extension due to an "Outstanding Criminal Prosecution" and no decision will be made until the matter is resolved.

Friend in question has not been charged and is under investigation. She has a letter which does confirm this from the police. Can she reply back to the case worker to explain it's under investigation with no charge done yet?

What is to happen to his current leave to remain? The application was made before expiry, is she covered by section 3c? What about rights to work?

She will chase her solicitors related to the investigation but doing a forum search it seems applications are left in limbo until the police matter is resolved.

Also if someone is under investigation does this STILL mean it's still an outstanding prosecution?

I've not been able to find anything on the operating guidance or the immigration rules via search

Advice would be appreciated.

[CR001]

What is the friend under investigation for and how serious is the potential charge??

The same conditions continue while an application is pending with home office.

Yes it would still be a pending prosecution and ho will wait for outcome before completing processing.

[bathanza]

Thanks for the reply

The investigation is for fraud and it is deemed quite serious (police say it's multi million pounds) it's been on going for almost 2 years under "investigstion"

Of course is is innocent in this and has explained all to the police.

If it is pending then section 3c is in place.. she was worried about work etc.

She still has her BRP and passport so can travel UP to the visa expiry I guess.

Application was made as super priorty so she has the case workers email address. Is it worth explaining the above with the letter from police and confirm rights to work?

[CR001]

She cannot travel out of the UK while an application is pending with HO. If she does, her application will be considered withdrawn.

Section 3c remains in place as I have already advised, but it only kicks in when her current visa expires.

Explain what exactly to the caseworker?? Ho will wait for the police investigation and pending prosecution outcome before they make any decision, regardless of what your friend tries to explain.

[bathanza]

Many thanks for the reassurance..

We shall have to wait.