ILR / Arrested but not charged

[sujay84]

Hello All,

Please help me with this query ,

I am been arrested by police on March for Domestic abuse and i am released on next day on police bail . I am still under extended police bail and not sure when my case will be NFA'd or charged.

Please can you suggest me whether i need to mention it in ILR application .

7.7 Have you or any dependants who are applying with you been arrested and charged in any
country with any criminal offence and are awaiting, or are currently on trial?

Is it No ?

7.12. Have you or any dependants who are applying with you ever engaged in any other
activities which might indicate that you may not be considered to be persons of good character?

Do i need to mention anything for this question.

Thank you for your response.

[Casa]

Hello All,

Please help me with this query ,

I am been arrested by police on March for Domestic abuse and i am released on next day on police bail . I am still under extended police bail and not sure when my case will be NFA'd or charged.

Please can you suggest me whether i need to mention it in ILR application .

7.7 Have you or any dependants who are applying with you been arrested and charged in any
country with any criminal offence and are awaiting, or are currently on trial?

Is it No ? The answer is YES

7.12. Have you or any dependants who are applying with you ever engaged in any other
activities which might indicate that you may not be considered to be persons of good character?

Do i need to mention anything for this question. Yes. You need to declare that you are on police bail for domestic violence.

Thank you for your response.

[sujay84]

Hi Casa ,

Thank you for your quick response.

How likely i will get an ILR having a arrest record after i declare it.Do i need to wait until my case is NFA'd by police as my case is still in pending investigation.

I can see my case is moving too slow as they are not taking it seriously.

Thanks,
Sujay

[Casa]

If you mean the domestic violence case, the police are obviously taking it seriously as you are on police bail.
https://www.gov.uk/charged-crime/bail

[sujay84]

Hi Casa,

The link you provided is bail when a person is charged.

http://www.bbc.co.uk/news/uk-32016843

The bail i am in is police bail to return which was recently limited to 28 days but on hold for legislation.

At the moment police can bail a person to rerun is indefinite.

http://www.telegraph.co.uk/news/uknews/ ... njust.html

Even a parking suspect can be kept on indefinite bail.

I am looking into good character requirement for ILR but they have not mentioned about declaring an arrest, There i can see only information relating to Pending prosecutions which will not cover arrest .

https://www.gov.uk/government/uploads/s ... _D_v02.pdf.

Thanks,

[asp]

You need to declare it because it will come up anyway when background checks are run. Your application may be put on hold until police/CPS decide what to do.

If you are charged delay would prob then continue until the prosecution is over.

Don't even think of not declaring it. That would be deception and likely result in a 10 year ban even if the DV case is NFA'd.

[Obie]

Without throwing any aspersions,it is important to understand that domestic violence is wrong and psychological , and physical damage on its victim is unimaginable.

You have to realise that these actions will lead to adverse consequences.

[seasky]

Without throwing any aspersions,it is important to understand that domestic violence is wrong and psychological , and physical damage on its victim is unimaginable.

You have to realise that these actions will lead to adverse consequences.

That's an understatement....

I generally believe in innocent until proven guilty etc. But if you did do it then I believe there is route to visa for victims of domestic abuse for the affected spouse. (and abusing spouse should be kicked out forever!)