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Eligibility for ILR if arrested but not charged

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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art40
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Joined: Fri Aug 10, 2018 6:09 pm
United Kingdom

Eligibility for ILR if arrested but not charged

Post by art40 » Fri Aug 10, 2018 6:53 pm

Hi,

A few months ago, my wife and I had an altercation, which escalated to a limit that both of us had to leave the house for a few hours to cool our heads down. I managed to cool down myself and returned home but my wife refused to do so. After a few hours, I tried to call her many times but she didn't pick up my phone. This made me a bit worried about her safety so I called the Police on the emergency number to report her disappearance.

Although soon she got back to me (messaged me she is fine but very angry), the police decided to question us. We both reached the police station. Since she was very angry with me, she accused me of controlling her behavior, pushing, shoving etc., pretty much anything destructive that came into her mind at that time. It is worth mentioning here nothing this sort of ever happened. Every accusation was basically made-up and blown out of proportion. Police arrested me without verifying such allegations. When my wife came to know about the arrest after a few mins, she immediately realized she has committed a blunder. Purely because of her anger, she had made some amateur statements against me. She made repeated requested to Police officers to release me asap but the damage was done and police kept me there for a few hours until the inquiry was over. Although Police persuaded her to press charges against me, she refused to do so. Police asked me quite a few questions and said no further action required and then released me.

I am thinking of making an ILR application and I am wondering if I need to disclose this story in my application. I was arrested but never charged. I have gone to the same police-station and officers said, you don't need to declare anything in this regard since there were no charges against you. There may not be any criminal record about you. I was wondering some kindhearted people could please share their opinion on such a peculiar case. The following sentence in convictions and other penalties section is making me nervous-

"At any time have you ever had any of the following in the UK or in another country -An arrest or charge for which you are currently on, or awaiting trial".

I would be keen to do a background check on myself. Any suggestion how is it done?

Andy12
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Re: Eligibility for ILR if arrested but not charged

Post by Andy12 » Wed Aug 15, 2018 12:26 am

You need to tell UKVI about this.

You can check your police background here

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

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UA2015
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United Kingdom

Re: Eligibility for ILR if arrested but not charged

Post by UA2015 » Wed Aug 15, 2018 1:08 am

You’re perfectly fine. Also as officer told you that you not been charged so it’s very fine. If you read form there’s nothing like this unless you been charged etc. You don’t need to mention this. Feel easy and relax. But yes manage it well between both. I’m saying this because I was in that situation and I’m gonna send my application as wel this month. Not going to declare this. All the best.

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equitydealer
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United Kingdom

Re: Eligibility for ILR if arrested but not charged

Post by equitydealer » Wed Aug 15, 2018 5:54 am

art40 wrote:
Fri Aug 10, 2018 6:53 pm

"At any time have you ever had any of the following in the UK or in another country -An arrest or charge for which you are currently on, or awaiting trial".
I think the form reads “arrested and charged” not “or”, that makes all the difference, also the question includes “awaiting trial”. This doesn’t apply to you, so don’t declare this on the form.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

Alex2003
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United Kingdom

Re: Eligibility for ILR if arrested but not charged

Post by Alex2003 » Wed Jun 05, 2019 10:24 am

Hello,

I hope you have managed to resolve the issue.

I am in a similar situation, and I was wondering if you would let me know what you did and how it turned out.

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CR001
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Re: Eligibility for ILR if arrested but not charged

Post by CR001 » Wed Jun 05, 2019 10:32 am

Alex2003 wrote:
Wed Jun 05, 2019 10:24 am
Hello,

I hope you have managed to resolve the issue.

I am in a similar situation, and I was wondering if you would let me know what you did and how it turned out.
Kindly start your own topic with your circumstances and questions instead of digging up older threads and tagging on.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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