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Brother's upcoming ILR & impact of his PIN on our business

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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sm12
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Brother's upcoming ILR & impact of his PIN on our business

Post by sm12 » Tue Nov 29, 2016 12:49 am

My brother and I are looking to invest in a business together if and when my extension is approved.

In his case, his ILR application is coming up soon and we were expecting everything to go smoothly.

However, he has had a very bitter divorce from his wife, and when he tried to contact her over access to his daughter, they had a fallout and he is saying that she complained to the police regarding harassment and he has been issued with a harassment warning/Police info letter.

His solicitor has said that this not considered a caution or conviction, but stays in the police database. Unfortunately, there is no way to challenge it.

Under these conditions, is it better to go for another extension in his case or ILR application? Or are both likely to be refused?

Thank you for any help you can offer.

Obie
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Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by Obie » Tue Nov 29, 2016 6:51 am

If it is a non-molestation order, then a breach of it will amount to criminal offending and will cause problems. But for now, he may be fine, depending on what led to it .
Smooth seas do not make skilful sailors

sm12
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Joined: Thu Jan 31, 2013 4:14 am

Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by sm12 » Tue Nov 29, 2016 12:45 pm

Obie

Thank you for your message.

He received a warning notice and police said to him to not contact his ex-wife again. She filed a complaint that she felt harassed because he called her and messaged/emailed her 5 times on one day last week.

Obie
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Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by Obie » Tue Nov 29, 2016 1:18 pm

That warning may be a caution. Needs to be checked out.
Smooth seas do not make skilful sailors

sm12
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Joined: Thu Jan 31, 2013 4:14 am

Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by sm12 » Tue Nov 29, 2016 1:49 pm

Hi Obie

He only got a notice saying that if it happens again, then the police will investigate. He checked with them and they said that it was only a harassment warning not a caution and the letter says that receiving the letter or signing it is not an admission of guilt as the police is not investigating the matter further.
They also said that the reason that he cannot appeal it is because he has not been declared guilty and it is only a warning on the basis of a complaint received.

sm12
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Joined: Thu Jan 31, 2013 4:14 am

Effect of allegations on ILR

Post by sm12 » Sat Dec 10, 2016 9:55 pm

I previously made a post about my brother receiving a Police Information Notice.
He got this checked and it is only registered as an allegation with the local police, and other than the PIN warning, the police will not proceed with any other action.
Is this likely to cause a problem with ILR application?

noajthan
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Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by noajthan » Sat Dec 10, 2016 10:45 pm

Posts merged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sm12
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Joined: Thu Jan 31, 2013 4:14 am

Re: Brother's upcoming ILR & impact of his PIN on our busine

Post by sm12 » Sun Dec 11, 2016 1:38 pm

Thank you for merging the posts.
Would it be best to go for a basic disclosure even though the police have advised that it is not a caution or conviction?

angelov
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Re: Brother's upcoming ILR & impact of his PIN on our business

Post by angelov » Wed Jul 18, 2018 6:48 pm

I am in the same boat. However I didn’t even receive a letter from the police, just a phone call. Could you please tell me how did your ILR application go?

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