arrest and a warning and naturalisation, Please help

[waiz89k]

Hi there
Gurus and experts please shed some light on the following matter. I am sorry in advance if I am posting in the wrong area.
I am a silient reader of this forum for a long time and I must say that It is very helpful and I appriciate the efforts and inputs of eveyone.

I got my ILR in Dec 2013 after completing my 5 years on tier 1 General. Now I have got some questions regarding my Naturalisation which are making me cofused.

Situation 1. not guilty/Innocent
I have got arrested in 2011 not sure about the month but most probably Nov/Dec 2011 because of some misunderstanding between me and my girlfreind (she is not good in understanding english) as we had a big argument and our neighbor called police and when police came and asked my girlfreind what happened then she said we had an argument and he pushed me so police straightaway arrested me and took me to the local custody centre without even knowing the full story, my girlfreind was shocked that how come they are arresting me as she never wanted that to happen but anyways they kept me there for one night and released me next morning after taking my statement on cameras without charging/caution/warning me as it was cleared to them as well that it was a total misunderstading.

Situation 2. not guilty/Innocent
Roughly 8/9 Months ago while I was driving I was stopped by the police for crossing the zebra line (long story) anyways It was not a serious matter so policeman obviously took my details as they always do that and told me that he is giving me a (not sure whether it was verbal or recorded) warning and be careful next time (no paperwork given). So no points at all just a warning. It wasnt a trrafic police (unmarked car).

My questions are

Situation 1: Arrest (not Guilty/Innocent)
a) when police arrest you, do they give you any caution before/after arrest or not? is that arrest involved any cautions?
b) is that arrest going to be on my CRB/PNC?
c) Do I need to mention these in my AN form as I was not charged?
d) I have not mentioned when I apllied for my ILR. If answer to question C is yes then would it effect on the naturalisation application that it was not mentioned in ILR?
e) Does Home office do CRB/PNC checks on each application?
d) If yes to E then HO would have done it on the time of ILR, which means this arrest is not on my CRB/PNC???

Situation 2: Warning
a) Is that warning will be on PNC?
b) Do I need to disclose that on form AN?
c) If NO to B and if HO finds out later as it may show on CRB/PNC then would it affect my application?

Please gurus and experts take some time out and give your expert openion as it is bit tricky and confused situation for me.
looking forward to hear from you soon.
Thanks in advance.

[waiz89k]

any suggestion please???

[milan69]

I am not an expert on this but I can suggest that you check what police holds against you.

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

[waiz89k]

I am not an expert on this but I can suggest that you check what police holds against you.

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

Thanks Milan69 for ur reply.

I have visited the police station where they held me and they told me that yes they have it on their local system as they keep record of all arrests regardless of outcome and they r not sure about PNC but they have confirmed that no action has been taken and case was closed there n then and I have not been given any warning/caution/charges at all. I did not ask whether it was NFA or Innocent.

And about the second situation which was a verbal warning even if it is on PNC do I realy need to disclose that or does it make any impact on the application if not disclosed?

apart from above 2 things I have nothing that worries me.

I was reading somewhere else that if it is an arrest only without any charges or conviction then there no need to disclose that.

I am bit worried about the verbal warning on the road, whether would it have any impact on the application if not disclosed as I am not even sure it was recorded or not and disclosing this if its not even required can delay the process of my application.

[milan69]

Once again, I am not expert on this matter and I can not give you correct answer but it may be of help to know that HO certainly carries police checks.

[waiz89k]

Once again, I am not expert on this matter and I can not give you correct answer but it may be of help to know that HO certainly carries police checks.

Thansk Milan69 once again for ur reply.

If HO is doing police checks on each application then it would have been done on the time of my ILR too, isnt it ??

If my arrest would come up on PNC still it wont make any difference as it is not a criminal conviction and I beleive I dont need to disclose it as long as its just an arrest following NFA'd/not guilty/Innocent and there is no question on form AN that have u ever been arrested?. AM I CORRECT? Please other experts advice me on that.

I am more concerned about road warning if I dont disclose it and it comes up on PNC would it effect my application or its not that significant as it was a petty matter and no action was taken by the police too.

[waiz89k]

any suggestions will be much appreciated....

[fwd079]

Experts can tell you better, but here is my take:

ILR is a visa whereas Citizenship is a privilege so for ILR you have to meet different conditions and need not be supporting terrorists acts etc. But for Citizenship what matters most is your character, so they will definitely do Police Checks during Citizenship for sure, they might do Police Checks during ILR (still a visa, not Citizenship) but its up to them.

So I'd check with Police Station if you have a criminal record of any kind, if they say yes then I'd wait for 3 years.
More reading can be found in this thread which is a recommended read.

[benson147]

Hi there
Gurus and experts please shed some light on the following matter. I am sorry in advance if I am posting in the wrong area.
I am a silient reader of this forum for a long time and I must say that It is very helpful and I appriciate the efforts and inputs of eveyone.

I got my ILR in Dec 2013 after completing my 5 years on tier 1 General. Now I have got some questions regarding my Naturalisation which are making me cofused.

Situation 1. not guilty/Innocent
I have got arrested in 2011 not sure about the month but most probably Nov/Dec 2011 because of some misunderstanding between me and my girlfreind (she is not good in understanding english) as we had a big argument and our neighbor called police and when police came and asked my girlfreind what happened then she said we had an argument and he pushed me so police straightaway arrested me and took me to the local custody centre without even knowing the full story, my girlfreind was shocked that how come they are arresting me as she never wanted that to happen but anyways they kept me there for one night and released me next morning after taking my statement on cameras without charging/caution/warning me as it was cleared to them as well that it was a total misunderstading.

Situation 2. not guilty/Innocent
Roughly 8/9 Months ago while I was driving I was stopped by the police for crossing the zebra line (long story) anyways It was not a serious matter so policeman obviously took my details as they always do that and told me that he is giving me a (not sure whether it was verbal or recorded) warning and be careful next time (no paperwork given). So no points at all just a warning. It wasnt a trrafic police (unmarked car).

My questions are

Situation 1: Arrest (not Guilty/Innocent)
a) when police arrest you, do they give you any caution before/after arrest or not? is that arrest involved any cautions?
b) is that arrest going to be on my CRB/PNC?
c) Do I need to mention these in my AN form as I was not charged?
d) I have not mentioned when I apllied for my ILR. If answer to question C is yes then would it effect on the naturalisation application that it was not mentioned in ILR?
e) Does Home office do CRB/PNC checks on each application?
d) If yes to E then HO would have done it on the time of ILR, which means this arrest is not on my CRB/PNC???

Situation 2: Warning
a) Is that warning will be on PNC?
b) Do I need to disclose that on form AN?
c) If NO to B and if HO finds out later as it may show on CRB/PNC then would it affect my application?

Please gurus and experts take some time out and give your expert openion as it is bit tricky and confused situation for me.
looking forward to hear from you soon.
Thanks in advance.

Hi mate, well so long as you did not get charge,given caution, or taking to court then you do not need to declare anything, hence why on the form it does not ask you to say if you were arrested or not, it ask if you have been charged,taking to court of anything, or caution or have pending court case and if you have been convicted for something, someone called the police on me by mistake and i was arrested, before i applied i contacted the police hq to request what record they hold on file about me and the response i got was that i have been arrested but no further action was taken and case was dispose as no further action is required, its not a crime to be arrested lol, it is a crime to commit an offence, so if you were not charged then all you police record will say is arrested but no further action, case closed or disposed, if you are in doubt you can request the police hq to see what record is held on the police national database of you to be sure.

[waiz89k]

Thanks benson147 and fwd079

I do not have any criminal conivctions at all and that is for sure.

yes It is for sure that I was not charged, no conviction, no caution and no warning and I have confirmed it from the police station too where I was held. So it was only an arrest and as benson147 rightly said that arrest is not a crime.

can anyone please shed a light on second issue which is a warning on the road. can it effect my application if not disclosed??

[ganesh123]

I am quite sure this does not need to be disclosed... A verbal warning is just that- a verbal warning..

[milan69]

http://www.immigrationboards.com/britis ... d#p1132138

[waiz89k]

I am quite sure this does not need to be disclosed... A verbal warning is just that- a verbal warning..

THanks Ganesh123

I think so too but if lets say this warning is been recorded on the PNC and I dont disclose it, does it matter or effect my application, as I am not sure wehter its been recorded or not so I dont want to disclose it as it can linger the process if disclosed unnessecarily.

[benson147]

I am quite sure this does not need to be disclosed... A verbal warning is just that- a verbal warning..

THanks Ganesh123

I think so too but if lets say this warning is been recorded on the PNC and I dont disclose it, does it matter or effect my application, as I am not sure wehter its been recorded or not so I dont want to disclose it as it can linger the process if disclosed unnessecarily.

I would advice you request information the police hold about you on the national data base, it should take about 2weeks to come through, but then you can see every record they hold on the system about you. its cost £15

[waiz89k]

Hi there

I have received a PNC report and it only has one record and it says that I was arrested in 2011 for common assault but NFA'd, so no criminal convictions, no warnings or no cautions at all. Just an arrest and No Further Action.

Does it need to be disclosed?

[tinuola77]

Hi

I will advice u to disclose everything that need to do with police/arrest because if HO find out on ur record they can use that against u, as you known there is no right of appeal so "prevention is better than cure" is better to declear it so that u can be on a safer side. That is my little advise for u. HO doesn't take little thing into consideration any more.

[zeusmagnanimous]

Hi there

I have received a PNC report and it only has one record and it says that I was arrested in 2011 for common assault but NFA'd, so no criminal convictions, no warnings or no cautions at all. Just an arrest and No Further Action.

Does it need to be disclosed?

No there is no need to disclose it.

[zeusmagnanimous]

Hi

I will advice u to disclose everything that need to do with police/arrest because if HO find out on ur record they can use that against u, as you known there is no right of appeal so "prevention is better than cure" is better to declear it so that u can be on a safer side. That is my little advise for u. HO doesn't take little thing into consideration any more.

IMHO ..... absolutely unnecessary and basically asking for trouble.

[waiz89k]

So U guys think that i wont disclose it as it can cause unnecessary trouble. I think so too as on "form AN" there no question asked that have u ever been arrested? but what is ur take on the question 3.18 on form AN.

3.18 Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?


I personaly think that I have never been engaged in any activity which indicate that I may not be of good character as it was an arrest in result of misunderstanding and that is why the outcome was NFA'd. So i should not declare it.

What do u say on that?

[waiz89k]

bump bump

[waiz89k]

So U guys think that i wont disclose it as it can cause unnecessary trouble. I think so too as on "form AN" there no question asked that have u ever been arrested? but what is ur take on the question 3.18 on form AN.

3.18 Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?


I personaly think that I have never been engaged in any activity which indicates that I may not be of good character as it was an arrest in result of misunderstanding and that is why the outcome was NFA'd. So i should not declare it.

What do u say on that?

[milan69]

Have you Been arrested?
Have you been convicted?

[waiz89k]

sorry by mistake I have started a new thread by u can go to the link below (old thread) and u will get to know my situation.

http://www.immigrationboards.com/britis ... t#p1146057

Have you Been arrested?
Have you been convicted?

yes I have been arrested in the result of misunderstanding and then released without any charge.

no conviction, no charges, no warnings, no cautions at all

[milan69]

If you were arrested by mistake and there were no charges, no convictions or warnings then I think you are fine.

[Amber]

A police warning will be considered in line with a non-custodial sentence for an out of court disposal. If no warnings or other out of court disposals then shouldn't be an issue. Unless you have a pending prosecution.