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Applying for ILR with a Released Under Investigation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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awareheart
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Applying for ILR with a Released Under Investigation

Post by awareheart » Fri Sep 20, 2024 7:23 pm

Hello,

I have been browsing the ImmigrationBoards forum and I saw a few responses that were different so I thought to ask to clarify.

I am looking to apply for ILR. The difficulty on my part is that I have a pending Released Under Investigation. In the ILR application, I note that there is a question asking: "At any time have you ever had any of the following, in the UK or in another country?"

In the options, the one I think most relating to me would be "An arrest or charge for which you are currently on, or awaiting trial". I am however unsure whether being released under investigation is considered an arrest? It is not a charge - and I am not awaiting trial.

When I go to the next section - if I select this option - it asks for "Why were you arrested and charged?", "Give more details including arrest date, charge date and any court dates", "Which country were you arrested and charged in".

I have not been charged. How should I consider and proceed on this?

In some older posts, I note e.g. ILR whilst under police investigation that some forum posters say it must be declared, whereas others like ILR arrested seem to indicate one doesn't need to declare it - however I am not too sure if the poster was under released under investigation or not.

Does Released Under Investigation make a difference to applying for ILR?

Thanks in advance!

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zimba
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Re: Applying for ILR with a Released Under Investigation

Post by zimba » Sat Sep 21, 2024 5:20 pm

UKVI very likely puts your application on hold until the investigation is completed. I suggest declaring it and explaining that this is under investigation
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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