Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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rony114
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by rony114 » Wed May 03, 2017 11:46 am
Hi Moderators,
I am charged with domestic assault and the case is in court. If I get convicted, does that mean that I can not renew my Tier 2 General visa which is due for extension in early 2019.
In best case if I am able to renew in 2019, will it still be causing issues in ILR.
Currently the case is in court and in couple of months I will come to know the outcome of that.
Thanks
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rubyracer2
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by rubyracer2 » Wed May 03, 2017 8:38 pm
If the conviction leads to imprisonment it will lead to automatic refusal for a number of years (dependent on the duration of imprisonment).
Even if it doesn't lead to an imprisonment, the case officer can refuse the application (conducive to public good)
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rony114
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by rony114 » Wed May 03, 2017 9:30 pm
rubyracer2 wrote:If the conviction leads to imprisonment it will lead to automatic refusal for a number of years (dependent on the duration of imprisonment).
Even if it doesn't lead to an imprisonment, the case officer can refuse the application (conducive to public good)
What happens if I get an absolute discharge?
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Djsuccess
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by Djsuccess » Thu May 04, 2017 6:02 am
rony114 wrote:rubyracer2 wrote:If the conviction leads to imprisonment it will lead to automatic refusal for a number of years (dependent on the duration of imprisonment).
Even if it doesn't lead to an imprisonment, the case officer can refuse the application (conducive to public good)
What happens if I get an absolute discharge?
Whatever may be the outcome of the assault charge, you have to declare it in your visa applications and at that point the case worker will assess your application based on available information to determine if the application will be refused or not.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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rubyracer2
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by rubyracer2 » Thu May 04, 2017 9:26 pm
rony114 wrote:rubyracer2 wrote:If the conviction leads to imprisonment it will lead to automatic refusal for a number of years (dependent on the duration of imprisonment).
Even if it doesn't lead to an imprisonment, the case officer can refuse the application (conducive to public good)
What happens if I get an absolute discharge?
It is not an automatic refusal but you have to declare it and it's up to the case worker's discretion whether to grant the extension or not.
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rony114
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by rony114 » Thu Jun 15, 2017 2:18 pm
Hello,
I have some update here. My case was heard by a judge and I was found not guilty. Will it still affect my visa extension chances?
Thanks
rubyracer2 wrote:rony114 wrote:rubyracer2 wrote:If the conviction leads to imprisonment it will lead to automatic refusal for a number of years (dependent on the duration of imprisonment).
Even if it doesn't lead to an imprisonment, the case officer can refuse the application (conducive to public good)
What happens if I get an absolute discharge?
It is not an automatic refusal but you have to declare it and it's up to the case worker's discretion whether to grant the extension or not.
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rony114
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by rony114 » Fri Jun 16, 2017 12:27 pm
May someone please answer this question?
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Djsuccess
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by Djsuccess » Fri Jun 16, 2017 1:27 pm
Good that you were not found guilty. You will however still need to declare it in your application form and explain that you were not found guilty.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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rony114
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by rony114 » Fri Jun 16, 2017 3:19 pm
If I declare that truthfully is there anything to worry about?
Djsuccess wrote:Good that you were not found guilty. You will however still need to declare it in your application form and explain that you were not found guilty.
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VirtualWaver
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by VirtualWaver » Thu Jun 22, 2017 8:04 am
rony114 wrote:If I declare that truthfully is there anything to worry about?
Djsuccess wrote:Good that you were not found guilty. You will however still need to declare it in your application form and explain that you were not found guilty.
Logically, there should be no problem as if court says you're not guilty then you are not a criminal regardless the fact that you have been charged. But I think it will be better to speak with a barrister before applying to make sure you are on safe side. And you might need to submit court decision with your application to proof that. I believe you should declare this as they will find this out and you might have problems if you do not declare it.