A friend is desperate for advice!

[xy1234]

Hi all,

A friend is having a horrible time and extremely worried and needs some advice from those who have experience.

He has been law-abiding and is done well career-wise. Many years before applying for naturalisation, he had an argument with a girlfriend at the time after finding out she is cheating. She ended up making some super SERIOUS false allegations to get him out of the country and damage his reputation. He was invited to the police station after a few days and was arrested and investigated and after a few weeks the case closed with NFA. This has traumatised the person and had a toll on his life for a few months. However, he has managed to gather himself up and carry on with life. In fact things even got back to semi-normal with his accuser for a year or 2 after the incident. He has done well career-wise and got ILR and was naturalised.

He never checked his PNC record before and his understanding was that such a matter would have been erased as soon as an investigation is closed. He has been law-abiding and has never had any problems with the law what-so-ever other than that horrible encounter.

Since noone of the questions on any of the visa applications, ILR or naturalisation applications specifically ask if one has been arrested but not charged, he never had to disclose such information on the application forms. He obtained his BC.

Recently, it came to his attention that that record might now be linked to him. He is not sure what has been happening. He is super worried. He has never meant to conceal any information. Any idea or suggestions please? He is worried that he might be misunderstood and that can cost him what he has been working all his life for.

Please advice if you have any suggestions on what he should do.

Thanks,
Ram

[CULLINAN]

Hi all,

A friend is having a horrible time and extremely worried and needs some advice from those who have experience.

He has been law-abiding and is done well career-wise. Many years before applying for naturalisation, he had an argument with a girlfriend at the time after finding out she is cheating. She ended up making some super SERIOUS false allegations to get him out of the country and damage his reputation. He was invited to the police station after a few days and was arrested and investigated and after a few weeks the case closed with NFA. This has traumatised the person and had a toll on his life for a few months. However, he has managed to gather himself up and carry on with life. In fact things even got back to semi-normal with his accuser for a year or 2 after the incident. He has done well career-wise and got ILR and was naturalised.

He never checked his PNC record before and his understanding was that such a matter would have been erased as soon as an investigation is closed. He has been law-abiding and has never had any problems with the law what-so-ever other than that horrible encounter.

Since noone of the questions on any of the visa applications, ILR or naturalisation applications specifically ask if one has been arrested but not charged, he never had to disclose such information on the application forms. He obtained his BC.

Recently, it came to his attention that that record might now be linked to him. He is not sure what has been happening. He is super worried. He has never meant to conceal any information. Any idea or suggestions please? He is worried that he might be misunderstood and that can cost him what he has been working all his life for.

Please advice if you have any suggestions on what he should do.

Thanks,
Ram

As long as the case was NFA’d, there was no further action required. An allegation alone does not make anyone criminal. Innocent unless proven guilty. So as long as he is not convicted, given a warning or caution and the case was NFA’d, I think one does not have to declare it.

[CULLINAN]

https://www.immigrationboards.com/briti ... 69145.html


There are similar threads on the forum, and a couple I read in the past, members also posted having successful application even after NOT declaring it.

Note, I am assuming the case was NFA’d and no warning, caution, or conviction was received.

[xy1234]

https://www.immigrationboards.com/briti ... 69145.html


There are similar threads on the forum, and a couple I read in the past, members also posted having successful application even after NOT declaring it.

Note, I am assuming the case was NFA’d and no warning, caution, or conviction was received.

Many thanks for the reply. Does not that depend on the alleged crime on is accused of? Serious ones will do a lot of damage even if one is innocent! We are not talking about an assault or DV! As per the Good Character guide, sometimes even if not arrested or charged but there is some information about an allegation might be enough to ruin one's chances of being classified as a good character. Unfortunately, sometimes people make up false allegations when they are angry without thinking about the long-term consequences...

[CULLINAN]

https://www.immigrationboards.com/briti ... 69145.html


There are similar threads on the forum, and a couple I read in the past, members also posted having successful application even after NOT declaring it.

Note, I am assuming the case was NFA’d and no warning, caution, or conviction was received.

Does not that depend on the alleged crime? Serious ones will do a lot of damage even if one is even innocent! We are not talking about an assault or DV!

Even if it is a rape allegation and it is NFA’d, means one is innocent unless proven guilty. That is my understanding. There is no place in the AN form where it asks you to list arrest but not charged. As long, no one was charged, no warning, no caution, no conviction and simply the matter was NFA’d, the person is innocent.

Wait for other members to respond with their opinions on this.

[CULLINAN]

An arrest alone that results in NFA, without any caution, charge or warning does not make one of a bad character. He is innocent unless proven guilty by the court. That is my opinion.

[CULLINAN]

https://www.immigrationboards.com/briti ... 94835.html

https://www.immigrationboards.com/briti ... 00432.html

[xy1234]

An arrest alone that results in NFA, without any caution, charge or warning does not make one of a bad character. He is innocent unless proven guilty by the court. That is my opinion.

Yes, sure, I totally agree with you and that is the logic innocent until proven guilty! Anyone can accuse anyone of anything and sometimes it does not take much to get one arrested for investigation even if one is completely innocent! Sometimes a caseworker does not really get that not everyone arrested without a conviction is guilty/of bad character. Many people are worried about how easy to revoke BC these days.

[CULLINAN]

The actual question is:

“An arrest or charge for which you are currently on, or awaiting trial”
“A caution, warning, reprimand or other penalty”

In my opinion, NFA does not fall under any of both categories above and need NOT to be declared.

I would like to hear any other member’s opinion on the matter.

[xy1234]

The actual question is:

“An arrest or charge for which you are currently on, or awaiting trial”
“A caution, warning, reprimand or other penalty”

In my opinion, NFA does not fall under any of both categories above and need NOT to be declared.

Somewhere on the Good Character guidance, there is a section about suspected criminal activity which specifies that sometimes even if an innocent person is arrested and not even charged might be doomed of a bad character and be refused. Thanks again for all the help. I am just trying to help a friend who is feeling really down because he is concerned! His main worry is that the allegation was for something serious and he just found that it might be linked to his record!

[CULLINAN]

Can you please copy page the exact text and link?

Why not get this then?

https://www.gov.uk/copy-of-police-records

[xy1234]

Can you please copy page the exact text and link?

Why not get this then?

https://www.gov.uk/copy-of-police-records

https://assets.publishing.service.gov.u ... idance.pdf

Suspected criminal activity

In some cases, information may reveal that a person is known to have committed or
is strongly suspected of criminal activity, but for various reasons has not been
charged or convicted, or charges have been dropped or the person acquitted. For
example, cases may be settled out of court or a prosecution may be considered no
longer sustainable due to insufficient or inadmissible evidence.
Careful consideration should be taken of the nature of the information and the
reliability of the source.
Where there is firm and convincing information to suggest that a person is a knowing
and active participant in serious crime, for example, drug trafficking, the application
will normally be refused.

[CULLINAN]

Can you please copy page the exact text and link?

Why not get this then?

https://www.gov.uk/copy-of-police-records

https://assets.publishing.service.gov.u ... idance.pdf

Suspected criminal activity

In some cases, information may reveal that a person is known to have committed or
is strongly suspected of criminal activity, but for various reasons has not been
charged or convicted, or charges have been dropped or the person acquitted. For
example, cases may be settled out of court or a prosecution may be considered no
longer sustainable due to insufficient or inadmissible evidence.
Careful consideration should be taken of the nature of the information and the
reliability of the source.
Where there is firm and convincing information to suggest that a person is a knowing
and active participant in serious crime, for example, drug trafficking, the application
will normally be refused.

I think, this is related to a case where the case ends up in court, but then is settled out of court etc.

But if simply one is arrested and then NFA’d without the matter taken to court, I think its a different situation.

Given the serious nature of allegation, its best to get your police records and see for yourself if something is recorded on there or it just says NFA.