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Is getting arrested - affecting the ILR

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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Mansi
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Joined: Wed Nov 05, 2008 11:34 am

Is getting arrested - affecting the ILR

Post by Mansi » Mon Jan 07, 2013 12:49 pm

Hi All,
I have had a tough time finding the information on this scenario since my husband has been mistakenly arrested but was released without no further action.

He was walking through a fields to take pictures and roamed into a derelict property. There was no breaking, forced entry or any sort of activity to vandalism. It was an old house with broken door and property trashed. Someone called the Police and he was arrested.

After all the checks, verification - he was released with no further action.
His ILR is due in May so would this harm him. He has had no convictions or any kind of police intervention ever in the past. He is terribly shocked and taking the stress seriously that it will impact his case. He is on an TIER1 - independent visa while I am on his dependent visa.

Please suggest, share and advice us if getting arrested (No charges) is a base for refusal ?

Appreciate your response and will be happy to offer comfort to my husband.

kind Regards
Mansi

alanwong
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Posts: 248
Joined: Thu Dec 27, 2012 1:41 pm

Re: Is getting arrested - affecting the ILR

Post by alanwong » Mon Jan 07, 2013 12:56 pm

I think your husband is perfectly fine.

Mansi
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Joined: Wed Nov 05, 2008 11:34 am

Re: Is getting arrested - affecting the ILR

Post by Mansi » Mon Jan 07, 2013 1:01 pm

alanwong wrote:I think your husband is perfectly fine.
Appreciate your reply dear Alan. I will hope to make him feel fine.
Does it goes on the paper anywhere on the form that he has to state that he was arrested in the past ?

He is so terribly stressed that it will take a lot of time to get this thing out of head.

Many thanks
Mansi

kiranchinnu
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Posts: 364
Joined: Thu Jan 14, 2010 2:47 pm

Re: Is getting arrested - affecting the ILR

Post by kiranchinnu » Mon Jan 07, 2013 1:02 pm

Mansi wrote:Hi All,
I have had a tough time finding the information on this scenario since my husband has been mistakenly arrested but was released without no further action.

He was walking through a fields to take pictures and roamed into a derelict property. There was no breaking, forced entry or any sort of activity to vandalism. It was an old house with broken door and property trashed. Someone called the Police and he was arrested.

After all the checks, verification - he was released with no further action.
His ILR is due in May so would this harm him. He has had no convictions or any kind of police intervention ever in the past. He is terribly shocked and taking the stress seriously that it will impact his case. He is on an TIER1 - independent visa while I am on his dependent visa.

Please suggest, share and advice us if getting arrested (No charges) is a base for refusal ?

Appreciate your response and will be happy to offer comfort to my husband.

kind Regards
Mansi
he will be fine , for peace of mind do a CRB check. Did police give any kind of explanatory letter ?
Information provided is general guidance and does not constitute legal advice.

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Casa
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Post by Casa » Mon Jan 07, 2013 2:00 pm

It won't affect his application as he hasn't been charged with an offence.

Mansi
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Re: Is getting arrested - affecting the ILR

Post by Mansi » Mon Jan 07, 2013 2:05 pm

kiranchinnu wrote:
he will be fine , for peace of mind do a CRB check. Did police give any kind of explanatory letter ?[/quote]

No, he was not given anything as the police told him there is no action. Although when asked for Criminal record - they told him that there will be no information available to anyone even including the employers since there was no offence.

Do you still reckon CRB is needed. He was only verbally told that "No Action" has been taken but his records will be in Police for sometime which is bothering him a lot. Never ever been arrested so it has left him with lot of stress being in that atmosphere.
Last edited by Mansi on Mon Jan 07, 2013 2:09 pm, edited 1 time in total.

Mansi
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Post by Mansi » Mon Jan 07, 2013 2:07 pm

Casa wrote:It won't affect his application as he hasn't been charged with an offence.


Dear Casa,

Appreciate your words and affirmation - I would be putting in all my faith together to help him calm down.

Cheers
Mansi

wpilr_nov12
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Post by wpilr_nov12 » Mon Jan 07, 2013 2:08 pm

Do a CRB check, at least for the peace of his mind. Doesn't cost much. You still have sufficient time to get it done.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

innocentdevil
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Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Mon Jan 07, 2013 2:20 pm

i had a friend who was in exact similar situation as yours. He got his ILR on 20th of Dec 2012

kiranchinnu
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Posts: 364
Joined: Thu Jan 14, 2010 2:47 pm

Re: Is getting arrested - affecting the ILR

Post by kiranchinnu » Mon Jan 07, 2013 2:26 pm

Mansi wrote:
kiranchinnu wrote:
he will be fine , for peace of mind do a CRB check. Did police give any kind of explanatory letter ?
No, he was not given anything as the police told him there is no action. Although when asked for Criminal record - they told him that there will be no information available to anyone even including the employers since there was no offence.

Do you still reckon CRB is needed. He was only verbally told that "No Action" has been taken but his records will be in Police for sometime which is bothering him a lot. Never ever been arrested so it has left him with lot of stress being in that atmosphere.[/quote]

Not needed , you can go ahead and apply to calm your husband and yourself. Worth spending money .
Information provided is general guidance and does not constitute legal advice.

londener
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Re: Is getting arrested - affecting the ILR

Post by londener » Sat Jan 12, 2013 1:29 am

kiranchinnu wrote:
Mansi wrote:
kiranchinnu wrote:
he will be fine , for peace of mind do a CRB check. Did police give any kind of explanatory letter ?
No, he was not given anything as the police told him there is no action. Although when asked for Criminal record - they told him that there will be no information available to anyone even including the employers since there was no offence.

Do you still reckon CRB is needed. He was only verbally told that "No Action" has been taken but his records will be in Police for sometime which is bothering him a lot. Never ever been arrested so it has left him with lot of stress being in that atmosphere.
Not needed , you can go ahead and apply to calm your husband and yourself. Worth spending money .[/quote]


A CRB is a your previouse lifetime record so wont available on verbal request.It is not because of your present arrest .So if you are clear before this case you should not be worried at all.
There is no caution or fine means just an investigation,it can be carried out to anyone suspected or a report,request made by someone.
I suggest to take it simple but would advise to get a CRB check for the piece of mind.
Londener
believe in yourself !!!

megapanicking
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Joined: Thu Mar 21, 2013 10:38 pm

me too

Post by megapanicking » Thu Mar 21, 2013 10:40 pm

Guys, I am in same situation and I am panicking because of this!
I am also tier 1 going to ILR.
This is my story: as soon as i moved here I rent a room on a sharing flat with a nigerian girl...I decided to leave and she did not want me to leave...anyway, the day i said I was leaving she decided to ask me to leave day after treathing she would not return my deposit of £400 but at that stage I had enough and left anyway while she was not at the house (just to avoid any argument) the crazy lady starting to text me like crazy and threat me to call the police saying I had stolen her belogings summing in total £400 ..how convinient...I ignored and later that day i had the police chasing me over the phone and they left voicemail as i was not aswering any phone call (I was flying and going home for xmas)... I could not believe in such a nightmare... well 1 month later when i returned I just wanted things clarified and I decided to contact the police officer. He contacted her and she drop the charges and sent me a text apologizing however a month later the police officer called me saying he could not close the case unless I go there just to have my statement I genuinely believed and went there...for my surprised he said he had to "arrest" me (although I never felt like arrested) but we went into all finger print etc...
well to make a long story short he told me the same:

"no action,no criminal records, no information available to anyone even including the employers since there was no offence"

I work for government and they have done CRB on me and sent me results which is also clean...

but I am panicking because of the biometric... as I will need to do...will they cross my biometrics with police? will they find my case and then maybe refuse...
Gosh this has been my worst nightmare..even DNA I had to because of the idiot girl that decided to made up the thing just to not pay me back my deposit which at the end she had literally stolen I could not do anything!!!Please a y advice...
My understanding is that I have no conviction or such..so I wont have any issues but do anyone knows about this biometrics?

shahid2000
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Posts: 293
Joined: Tue Sep 11, 2012 2:20 pm

Re: me too

Post by shahid2000 » Fri Mar 22, 2013 10:12 am

megapanicking wrote:Guys, I am in same situation and I am panicking because of this!
I am also tier 1 going to ILR.
This is my story: as soon as i moved here I rent a room on a sharing flat with a nigerian girl...I decided to leave and she did not want me to leave...anyway, the day i said I was leaving she decided to ask me to leave day after treathing she would not return my deposit of £400 but at that stage I had enough and left anyway while she was not at the house (just to avoid any argument) the crazy lady starting to text me like crazy and threat me to call the police saying I had stolen her belogings summing in total £400 ..how convinient...I ignored and later that day i had the police chasing me over the phone and they left voicemail as i was not aswering any phone call (I was flying and going home for xmas)... I could not believe in such a nightmare... well 1 month later when i returned I just wanted things clarified and I decided to contact the police officer. He contacted her and she drop the charges and sent me a text apologizing however a month later the police officer called me saying he could not close the case unless I go there just to have my statement I genuinely believed and went there...for my surprised he said he had to "arrest" me (although I never felt like arrested) but we went into all finger print etc...
well to make a long story short he told me the same:

"no action,no criminal records, no information available to anyone even including the employers since there was no offence"

I work for government and they have done CRB on me and sent me results which is also clean...

but I am panicking because of the biometric... as I will need to do...will they cross my biometrics with police? will they find my case and then maybe refuse...
Gosh this has been my worst nightmare..even DNA I had to because of the idiot girl that decided to made up the thing just to not pay me back my deposit which at the end she had literally stolen I could not do anything!!!Please a y advice...
My understanding is that I have no conviction or such..so I wont have any issues but do anyone knows about this biometrics?
Dont worry mate as long as you were not charged and convicted you have nothing to worry about. Get a CRB report for your peace of mind and if its clean then you have nothing to worry about.
Good Luck.
Last edited by shahid2000 on Tue Apr 09, 2013 3:59 pm, edited 1 time in total.

Smam
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Location: London

Post by Smam » Fri Mar 22, 2013 9:39 pm

Hi,

Don't worry guys I got my ILR nearly 9 months ago I had gone through similar situation my self as well.

Good luck to every one who're applying for their ILR.

megapanicking
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Joined: Thu Mar 21, 2013 10:38 pm

Post by megapanicking » Sun Mar 24, 2013 1:19 am

Thank you guys....feel more relieved now ;)

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