URGENT-ILR and Court Case

[nikkyraj]

Dear All

I am on a UK spouse visa which ends at the end of July 2014. I applied for a UK spouse visa in February 2012 and came to the UK in May 2012, so I am eligible to apply under the 2 years rule. At the time of applying my husband was on ILR and became a UK citizen in February 2013.

A brief history about my situation:

I started working in a nursing home in August 2012, and in February 2014 I was suspended from work with false allegations of assaulting an old patient. I was suspended from work and the case was reported to the Police. I was called to the police station for a statement and I was detained. I provided a “No Comment” interview throughout to the questions, so I was arrested and later cautioned and charged with the assaults by the Police. So, I was charged with a criminal offence, under Section 22 – Criminal Procedure (Scotland) Act 1995.

I was later released after the interview on the same day on a Bail Undertaking to attend the Sheriff Court on a set date in May 2014.

I attended the Sheriff Court on that set date, and was served with a NOTICE OF DEPORTATION by the police, which states that if after the case I am found guilty and convicted of the Criminal Charges, the court may recommend that a Deportation Order be made against me under Section 6(1) of the Immigration Act 1971.

So, as it stands, the case is still in court. The trial is in August 2014. I am still suspended from my work. I am on Bail from Court under special condition that until the case is finished I am restricted to take any paid or unpaid work in a Nursing home, Care Home or Elderly Care Home.

So this is a brief history of my situation. As I mentioned earlier, I am eligible to apply for an ILR under the 2 year marriage route, and I have some questions regarding it, if someone would be kind enough to help.

1. I wanted to apply for the same day ILR service. Can I still apply for the same day service, even if I have a case that is in Court?

2. Under section 9, question 9.1, I believe I will have to fill NO, because I am charged with a criminal offence, but still not convicted. Am I right?


3. Under section 9, question 9.5, it states “If you have ever been charged of a Criminal Offence in the UK or any other country for which you have not been tried in Court yet”. I believe I will have to say YES for this and provide details?

4. Is there any other question under section 9 where I have to say YES and provide details?

5. Do I have to mention in the details of any question that I have been served with a Deportation Notice?

6. What are the chances of me getting an ILR at this stage? Apart from this everything else is in order including the finances, address letters, bills, English requirement and Life in the UK.

7. I have been told by a friend that UKBA might put my ILR application on hold until the case is decided or even reject my ILR totally. Is that right?

If anyone can help me with these questions, I would be very grateful. Thank you for your patience in reading this long query.

Thank you

[nikkyraj]

Can someone help please. Thanks.

[Wanderer]

You need a lawyer for this one, and a good one...

[Amber]

It's unlikely a decision would be made until the court case is resolved. You could apply by post and it will likely be stayed until your court decision.

You'll be on the barring list I imagine for the time being meaning working with vulnerable individuals is not allowed.