Arrested/Charged - ILR query- Plz help!!!

[wrongrite]

Hello all,

I am looking for advice so please help me if you can. I will appreciate it very very much.

In 2005 I was arrested and charged for shoplifting by Police and then released- all on same day in about 1 hours time. Magistrate sent me letter saying he decided not to prosecute me. I did not require to pay any Police or Court fine. The shop asked for prevetative loss fine of 150 which I paid straight away. In hindsight I was scared and did what I was told. Part of the confusion was the store was on multiple story, they assumed I was shoplifting when I was merely moving from one level to another and could pay at final check-out. Anyhow this is what happened.

Now I am applying for ILR in 4 weeks WP + tier 1 g. I was student in UK since 2003, so I was still student in 2005 when this happened.

I am hugely worried about the effect of all this.

My query is:

1. Do I have to disclose this info on ILR form?

2. Am I correct in assuming this is spent offence? as I understand after reading several threads here and also the crminality threashold sticky put by sushmedta - very helpful.

3. I had enhanced CRB check( 3 years ago) which showed no convictions/reprimands etc so I am not sure what my above offence comes under. It is not an FPN either.

4. Polic took fingerprints- is this going to show up on Biometric security check, if it does what is going to happen?

Hoping for all help.

[linkers]

I don’t think so you will have any problem. You don’t need to disclose it as it’s more than 5 years ago.

[Snaaz82]

If the police took fingerprints.... these may show up.

I suggest doing an in-person application at the PEO and not doing the postal route when your time comes.

Then you can explain everything on the day to the case worker.

The fact that you were not prosecuted is a very positive thing as all crimes proved are prosecuted so clearly there was something not entirely correct about your arrest.

I think you'll be fine.... and again its not in the last 5 years so that again makes your case stronger.

[Smam]

Hi

Just to give you a little bit of more comfort one of my friend got arrested 3 times last year as he was working as a Qualified Accountant for some Finance company and they done some fraud the police arrested him to make some investigations 3 times and released him on bail. He was not allowed to leave the country but later on luckily last Dec 2011 he got cleared as nothing was against him and on the 26th Mar 2012 he got his ILR approved at Croydon not a single question is being asked from him and never ever mentioned that in the Set O form as it was never ever req to be mentioned at the first place. He's on T1 G status.

So the summary is you should be fine with your case. Police took his finger prints all the time when he got arrested but this hasn't affected any thing for him even in the biometrics at all as well that's what he explained to me.

Please do kindly share your PEO experience on the forum.

Good luck for your ILR.

[wrongrite]

Hi Everyone,

Thank you kindly for all the responses. I feel lot reassured now.
I have written email to UKBA asking for specific advice. I will let you know what they say. And I will keep thread updated with info.
Any other suggestions please write here, anyother experiences any one has had, please share.

[Patagonian]

In 2005 I was arrested and charged for shoplifting by Police and then released- all on same day in about 1 hours time. Magistrate sent me letter saying he decided not to prosecute me. I did not require to pay any Police or Court fine. The shop asked for prevetative loss fine of 150 which I paid straight away. In hindsight I was scared and did what I was told. Part of the confusion was the store was on multiple story, they assumed I was shoplifting when I was merely moving from one level to another and could pay at final check-out. Anyhow this is what happened.

It's difficult to know exactly what happened here without further details. If you were not convicted of any offence or cautioned (after an admission of guilt) then I don't understand the fine of £150.

In any event, if nothing showed up on your CRB check then you should be fine.

The fact that you were not prosecuted is a very positive thing as all crimes proved are prosecuted so clearly there was something not entirely correct about your arrest.

Complete and utter nonsense

[Snaaz82]

The fact that you were not prosecuted is a very positive thing as all crimes proved are prosecuted so clearly there was something not entirely correct about your arrest.

Complete and utter nonsense [/quote]

Patagonian there is no need to be rude. I happen to have a solid background in law so I do know what I'm talking about.

If you can't be helpful please don't go around rolling your eyes at other people's opinion - keep it to yourself.

[Patagonian]

Patagonian there is no need to be rude. I happen to have a solid background in law so I do know what I'm talking about.

If you can't be helpful please don't go around rolling your eyes at other people's opinion - keep it to yourself.

I have a solid background in criminal law. "All crimes proved are prosecuted" - really? Where there is sufficient evidence to charge, there are numerous case disposal options available which don't involve a prosecution including the option of not proceeding with the matter.

Furthermore, telling the OP that there was "clearly" something wrong with his arrest based on the information given is not helpful at all. The rolling eyes were not in response to your opinion but the completely false statement you put forward as a fact

[khalidmirza]

@Snaaz82 and Patagonian
My request please. Here we give advice, experiences,quote rules, honest suggestions, comforting those who are in agony.
Please no comparison of degrees, specialities, or personal arguments. Please put forward difference of opinion in soft and friendly words. Just a request

[avjones]

The fact that you were not prosecuted is a very positive thing as all crimes proved are prosecuted so clearly there was something not entirely correct about your arrest.

Complete and utter nonsense

Patagonian there is no need to be rude. I happen to have a solid background in law so I do know what I'm talking about.

If you can't be helpful please don't go around rolling your eyes at other people's opinion - keep it to yourself.[/quote]

Your comment was extremely silly, and you don't know what you're talking about.

There are two fundamental tests in relation to any prosecution. One is the merits test, "can we prove it?". The second, just as important, "is it in the public interest to prosecute?"

Have a quick read of hte Code for Crown Prosecutors.

[wrongrite]

Just an update here friends, UKBA email me response as below:

When applying for settlement, you must not withhold any information regarding a criminal offence. Our assessment will decide whether or not this will affect our decision. We conduct our own security checks and if it is found that you have not made an honest declaration, you application will fall for refusal.

Security checks are conducted on all applicants submitting biometrics, and again if a criminal offence has been committed, this will be picked up in this process.

Please see the UKBA website UK Border Agency | Good character requirement


Okay given above email, they are asking all applicants to disclose ANY sort of offence/charge, otherwise application may be rejected.

So if a conviction is spent and fine does not need to be disclosed, then all else has to put under the Good Character Requirement. This is really two edge sword. I mean my situation above - I am not a bad character- still I am not supposed to judge myself!!!

SMAM - thank you kindly for your reassuring response about your friends case, you said he did not disclose anything as it was not needed. Are you going to disclose your situation when you apply- sorry if this sounds personal. I just think if some information does not need to be disclosed then writing it in application can cause problems rather than simplify process of application.

Any comments anyone please?

[innocentdevil]

the charge was in 2005 and I am kind of sure that it would have been spent by now anyway so i dont think there is anything to worry about. as you have also done CRB check and it has come clear then seriously don't lose your sleep over it.

homeoffice cannot do any special checks other than one found on enhanced crb check which includes pnc, courts, ccjs etc

[Smam]

Hi

Well to be honest with you mate I had a detail discussion with one of the lawyers and he told me that I dont have to disclose any thing as my case is a bit similar to my friends case we just got arrested but never ever paid any fines or charged or convicted of any thing at all. Though for my own peace of mind I'll definitely apply for my Standard CRB check very soon and I'll wait and see what that check will disclose to me about my self so I cant say any thing at the moment with any surity. That's good that you've your CRB check done and I am glad that it comes out clear. Lets see what will come out for my self.

My Lawyer told me that in my case it was just the matter that the police has arrested me doing their job and later on they released me as they haven't got any evidence to charge me I know it sounds really horrifying for my self to be honest with you mate. He explained to me that police arrest didn't always results in an offense some times police do that to quickly get the control over the situation and then I asked him that why they've got my names and the things like that in their record, he further explained to me that its not a problem at all what so ever lets see I am hoping for the best.

SMAM - thank you kindly for your reassuring response about your friends case, you said he did not disclose anything as it was not needed. Are you going to disclose your situation when you apply- sorry if this sounds personal. I just think if some information does not need to be disclosed then writing it in application can cause problems rather than simplify process of application

.

I dont mind sharing any info on this forum I mean declaring it up to some extent with out being going too much in to details so I dont mind it at all as its not personal. I believe that's why this forum is here for to share our experiences and ask any thing which we found confusing for our selfs to bo disclosed or not to be disclosed in our application forms for the ILR.

And yes that's quite true that my friend got his ILR on the 26th March 2012 at Croydon PEO he also have soo many sleepless nights for his past year incidents so I believe that its natural I think.

You're more than welcome to discuss any thing more on this forum or sending me a PM.

Good luck for your ILR.