CONFUSION ON KEY DATES OF COS, WORK VISA AND ILR

[JANESMITH023]

Hi.

Hope you are doing well.

I am a foreign national currently working full-time in the UK under Skilled Worker Visa and am looking to extend it in Sep 2023 for another 3 years before I can quality for ILR. I am also planning to apply for ILR and naturalisation in the future. I have two things in mind that I believe might put my UK Skilled Worker Visa extension and even the ILR&naturalisation applications in danger and I would very much appreciate it if anyone could offer some relevant insights or experiences on it.

1. I was arrested without further action (AWFA) by the police on domestic violence (it is a completely false accusation) and I have checked ACRO and confirmed my records on this are there; I was arrested one night and then released the next day due to insufficient evidence. I requested ACRO record deletion but the police came back to me saying no proof does not mean it did not happen and thus my police record on this incident was not deleted although all of my biometric information and detention photo have been deleted. On this case there has been NO trial, hearing, conviction, reprimands, warning, cautions or any other form of penalty. Just an AWFA police record.

2. I recently remembered a fact that I was refused Schengen visa back in 2016 because of insufficient documents and that the documents provided did not satisfy the visa application requirements. I have long lost the visa refusal letter and there is no sign of such visa refusal on my passports (I was using my old passport back then and I’ve got a new passport since last year as the old one expired). This looked so trivial to me that I completely forgot it afterwards and when I applied for UK Student Visa in 2019 and UK Skilled Worker Visa in 2020 on the question ‘have you ever been refused a visa for the UK or any other country’ I put ‘no’ but both visas got granted.

Previously I consulted two immigration solicitors in the UK on the first matter and they both were really sure just this AWFA would not jeopardise my Skilled Worker Visa extension in the near future and the ILR/naturalisation applications in the further future. They also suggest that I feel free to disclose it in the Skilled Worker Visa extension and it will do no harm and that I will HAVE TO disclose it when applying for ILR&naturalisation because these required much more rigorous inspection.

So it seems that the first matter is not particularly a big problem but the second one is what is haunting me now.

I am fully aware that I must be honest in the visa/ILR/naturalisation applications, but here are my concerns:

1. If I put ‘yes’ on the visa refusal history question in the Skilled Worker Visa extension application and ILR&naturalisation applications, there would be a clear conflict between my future applications and previous applications where I put ‘no’s on it. Would this cause any problem?
2. Like would UKVI deem that I deceived them or intentionally provided misleading information in previous visa applications? If so would that affect my future visa/ILR/naturalisation applications or even my current Skilled Worker Visa?
3. Even if AWFA on its own would not jeopardise my Skilled Worker Visa&ILR&naturalisation, what about AWFA+conflicts on this visa refusal question?
4. How would I minimise the likelihood of my Skilled Worker Visa&ILR&naturalisation getting refused under this circumstance?

Sorry for presenting such a lengthy post but I would be very much thankful if insights, ideas and experiences were shared and discussed!

Thanks!

[AmazonianX]

1. The AWFA will not be an issue, even people who got prosecuted and or penalised still progress on their immigration and naturalisation journeys without problem.
Ensure you declare it else you may be refused for deception and not declaring if CW find this.

2. This can happen as a result of oversight or forgetfulness, at this time declare it. Explain in cover note that you previously forgot about it.

Do remember; even naturalised persons can be stripped of citizenship if found to have acquired by deception.

[JANESMITH023]

Thanks very much for your insights pal! I fully understand that in principle I must be honest on all things mentioned in the visa application form.

Just curious why the UK caseworker still granted me visas twice even if I mistakenly put 'no's on the visa refusal question? Was it simply because I got lucky? (but got lucky twice?? emmm)

And also is there an estimation on how likely my skilled worker visa&ILR&naturalisation get refused given my declared AWFA and visa refusal history and more importantly the conflict on the visa refusal question in multiple visa applications? (I know not everyone is in the position of judging this but I just can't help worrying...)

Thanks again!

[AmazonianX]

Thanks very much for your insights pal! I fully understand that in principle I must be honest on all things mentioned in the visa application form.

Just curious why the UK caseworker still granted me visas twice even if I mistakenly put 'no's on the visa refusal question? Was it simply because I got lucky? (but got lucky twice?? emmm) Could be; however luck do run out. If there is a nudging in your mind on it better go with the best policy of honesty.

And also is there an estimation on how likely my skilled worker visa&ILR&naturalisation get refused given my declared AWFA and visa refusal history and more importantly the conflict on the visa refusal question in multiple visa applications? (I know not everyone is in the position of judging this but I just can't help worrying...)
For AWFA, unlikely to be refused on that. You won't be punished for being honest about a previous error or oversight.
Thanks again!

[JANESMITH023]

Thanks so much!

[JANESMITH023]

Thanks for welcoming me and offering me such useful and insightful information and ideas.

I do not particularly worry about disclosing the visa refusal history on its own this time. My biggest concern is the discrepancy on the visa refusal history question in multiple visa applications.

I know a discovered deception in the application can directly lead to visa refusal and so if I put 'yes' on the visa refusal history question this time and the caseworker found out I did not disclose the visa refusal history in the previous visa applications, would they think I intentionally deceived them (twice...) instead of believing that the two 'no's for the visa refusal history questions in the past two applications were simply unintentional mistakes (even if I wrote a note explaining the previous visa refusal was only technical and not disclosing it was simply and only because I forgot about it). Like what are the chances that they buy my explanation?

Sorry for being cheeky here with so many questions. But I am just a bit too worried.

Thanks again for your advice and patience!

[AmazonianX]

Thanks for welcoming me and offering me such useful and insightful information and ideas.

I do not particularly worry about disclosing the visa refusal history on its own this time. My biggest concern is the discrepancy on the visa refusal history question in multiple visa applications.

I know a discovered deception in the application can directly lead to visa refusal and so if I put 'yes' on the visa refusal history question this time and the caseworker found out I did not disclose the visa refusal history in the previous visa applications, would they think I intentionally deceived them (twice...) instead of believing that the two 'no's for the visa refusal history questions in the past two applications were simply unintentional mistakes (even if I wrote a note explaining the previous visa refusal was only technical and not disclosing it was simply and only because I forgot about it). Like what are the chances that they buy my explanation?

Sorry for being cheeky here with so many questions. But I am just a bit too worried.

Thanks again for your advice and patience!

There is nothing else left to be said. Either you let your worry lead you to continue with deception or you declare it as an oversight and explain it as that with little chances of any repercussions....the decision is open to you to make which is the beauty of this forum.

[JANESMITH023]

Thanks so much for your insights!

[JANESMITH023]

Hi guys,

Hope you are doing well!

I have got a few confusions and if anyone could shed some lights on them I would very much appreciate it.

I am a foreign national working in the UK under the Skilled Worker Visa. My Certificate of Sponsorship (CoS) issued in Dec 2020 says the start date was 07 Dec 2020 (my actual work start date) (before which I was staying in the UK under the Student Visa) and end date 06 Dec 2023 but my BRP which was later issued says the date of issue was 06 Jan 2021 and valid until 20 Dec 2023. Both the start date and the end date do not match.

Question 1:
Was my working full-time between 07 Dec 2020 and 05 Jan 2021 in the UK legal?

Question 2:
I am aware I can apply for the ILR up to 28 days before the 5-year continuous period is reached. Upon consulting solicitors I know that my 5-year period starts from 06 Jan 2021.
1. What is the exact end date of the 5-year period? Is it 06 Jan 2026 or 05 Jan 2026?
2. So on the '28 days' before the end date, is it 09 Dec 2025 (if the end date is 06 Jan 2026) or 08 Dec 2025 (if the end date is 06 Jan 2026) or 08 Dec 2025 (if the end date is 05 Jan 2026) or 07 Dec 2025 (if the end date is 05 Jan 2026)

Thanks very much for your assistance!

[manci]

Consider the SW visa issue date as the start date of the 5 year period. The BRP issue date could be later.
general-uk-immigration-forum/brp-issue- ... 36392.html

[zimba]

Your ILR qualifying period starts from the very first work visa approval date. So when was your first work visa issued? If it matches your BRP issue date, then your 5 years start from 06 Jan 2021.

I remember that UKVI during the pandemic allowed people (who were waiting for a work visa application to be decided) to commence work with their sponsors. I guess that is why you started on your Tier 4 visa before being granted a work visa ?

[JANESMITH023]

Hi guys,

Thanks for your support and information on this. I put a 'no' in the crime history question in the Skilled Worker Visa application form but attached a letter explaining my Arrest Without Further Action. The visa was rejected and the reason was that Arrest Without Further Action record.

This is clearly not the perfect outcome I was expecting. I was wondering if there is anything I can do it to get the visa approved? Thanks.

[zimba]

Arrest Without Further Action should not normally affect you. Can you post the refusal letter here ?

[AmazonianX]

Hi guys,

Thanks for your support and information on this. I put a 'no' in the crime history question in the Skilled Worker Visa application form but attached a letter explaining my Arrest Without Further Action. The visa was rejected and the reason was that Arrest Without Further Action record.

This is clearly not the perfect outcome I was expecting. I was wondering if there is anything I can do it to get the visa approved? Thanks.

Unexpected outcome. As requested earlier by @zimba, can you provide the refusal letter? Remove personal identifiers.