SET (LR) - ALLEGATION

[rmkirfan]

Dear Guys,

This forum found me as best door for excellent advices.

My First visa granted on 18/08/03 and entry clearance on 06/09/03. I m eligible to apply from 20/08/13(28 days before visa grant) and I will be ready to apply LR in later this month.

Unfortunately my partner complained against me yesterday and I'm on assault allegation and court charge on 24/09/13 (3 weeks time).
If the court proves my allegation and get warning or fine.
Does this effect ILR?

Police said this is lowest level of allegation should not effect any visa,but some said if it proves and could be criminal charge and can effect ILR under general grounds.This is first police complaint against me in 10 years.

I was thinking, Can I apply with period from 30/09/03 to 30/09/13 in early oct ?

Please guys please help... im in deep trouble.



Many Thanks in Advance
Irfan

[Amber]

If you are convicted or recieve a police caution, you should expect a refusal for at least 24 months.

[rmkirfan]

If you are convicted or recieve a police caution, you should expect a refusal for at least 24 months.

Hi Amber,

Many thanks for your reply..

Can you please help me with link for the above?
Is it worth applying now or shall I have to wait for 24 months?
I have court hearing on 24/09/13. Does it helps me if I apply before court date?
or if she takes her complaint back does it helps me?

Please help?

[Amber]

The impending prosecution is an issue it'll be on the PNC and the ukba will more than likely wait until you have a court decision. Though, hindsight is a great thing an assault charge at the end of your period wasn't the wisest of moves. It may now be deemed as a material fact that needs declaring, get a good criminal law solicitor to defend you. When does your current leave expire?

See immigration rule 322(1C)(iv)

[rmkirfan]

The impending prosecution is an issue it'll be on the PNC and the ukba will more than likely wait until you have a court decision. Though, hindsight is a great thing an assault charge at the end of your period wasn't the wisest of moves. It may now be deemed as a material fact that needs declaring, get a good criminal law solicitor to defend you. When does your current leave expire?

See immigration rule 322(1C)(iv)

Hi Amber,

Many Thanks for reply.

Current leave till Jun 2016 (Tier1).But I finished 10 years stay just now.

I was wondering about below options.

1)As you said, I have to declare in application.If I declare, Does application considered?
2)I got criminal solicitor who is assigned by police. and they were saying this is lowest level offence and should not effect any visa.
3)Is it worth keep postpone my court date which is on 24/09/13.(Im not sure i can do this).But u said HO wont wait for court decision.

Any Ideas much appreciated. Please Advice

[Amber]

Unless your solicitor is also an immigration specialist I would treat what S(he) said with caution. The Home Office will wait until you have a decision regarding your trial. Remember a set(lr) decision will usually take 6+ months so by the time they look at your biometrics you may have a conviction. If you've got valid leave till 2016, you'll be ok to wait the 24 months if you're convicted.

[rmkirfan]

Unless your solicitor is also an immigration specialist I would treat what S(he) said with caution. The Home Office will wait until you have a decision regarding your trial. Remember a set(lr) decision will usually take 6+ months so by the time they look at your biometrics you may have a conviction. If you've got valid leave till 2016, you'll be ok to wait the 24 months if you're convicted.

Many thanks for Reply Amber..

If my partner withdraw case, Does this still effect ILR to apply now?

Please Advice.

[Amber]

If the case is dropped with no further action then it shouldn't.

[rmkirfan]

If the case is dropped with no further action then it shouldn't.

Many Thanks Amber.

How do you mean?

It sounds like I have to attend the court on 24 Sep. Police not accepting her withdrawal at the moment.

So If she refuse to be witness on court day, If there is no further action,
Is that case will be dropped?

Please Advice??

[Amber]

Your criminal law solicitor can advise your further regarding your court case.

[rmkirfan]

Your criminal law solicitor can advise your further regarding your court case.

Cheers Amber,

she is trying to withdraw at Magistrate hearing, if not

If Magistrate court(initial hearing) gives warning, Does still effects ILR/ recorded for 24 months?

Please Advice.

[Amber]

Reprimands and warnings are not sentences passed by the court. If you receive a non-custodial sentence at court it will be a mandatory ILR refusal for 24 months.

[rmkirfan]

Your criminal law solicitor can advise your further regarding your court case.

Cheers Amber,

she is trying to withdraw at Magistrate hearing, if not

If Magistrate court(initial hearing) gives warning, Does still effects ILR/ recorded for 24 months?

Please Advice.

Hi Amber,

Your advices are much appreciated and priceless.

I had Magistrate court trial today and Plead no guilty.

Though they got written withdraw statement ,Unfortunately they still proceeded to next trial dated Nov 20,And also she is not willing for witnessing on next stage as well.

Rest all ready to apply SET(LR) , Do you think its wise to apply now with out declaring conviction, as there will be no witness and lead to case dismissal Inshallah
I m trying to save these two months.

Please Advice.

[Amber]

You should inform them of the pending prosecution. If you're found not guilty then just write back with proof of such. It'll likely all be over by the time the Home Office look at your case.

[vinny]

If SET(LR) is not possible due to criminality, then consider extending on FLR(LR).

[Amber]

Or if you have a SET(LR) application in and you're found guilty then perhaps vary the SET(LR) to FLR(LR) before they 'find out'.

[rmkirfan]

Or if you have a SET(LR) application in and you're found guilty then perhaps vary the SET(LR) to FLR(LR) before they 'find out'.

Many Thanks Amber,

SET(LR) is due to apply now and current visa expires in Jun2016. I was wondering to apply now to save 2 months. But I think I should wait for court outcome and then apply with out any criminal record to ensure application in smooth process.

Many Thanks,
Irfan.

[rmkirfan]

Or if you have a SET(LR) application in and you're found guilty then perhaps vary the SET(LR) to FLR(LR) before they 'find out'.

Many Thanks Amber,

SET(LR) is due to apply now and current visa expires in Jun2016. I was wondering to apply now to save 2 months. But I think I should wait for court outcome and then apply with out any criminal record to ensure application in smooth process.

Many Thanks,
Irfan.

Hi Amber,

What do you think my best option.

My current visa valid till Jun2016, And Im ready to apply SET(LR) Now. But I have court hearing(20 Nov) on assault allegation and hoping case wthdrawl.

1) Is it worth applying now with Pending prosecution to save time? or
2)Is it wise to apply after court conclusion with out charge declaration?

Hope I dont have to declare above charge if the court dismiss the case, is'nt?

Please Advice.

Many Thanks,
Irfan.

[rmkirfan]

Or if you have a SET(LR) application in and you're found guilty then perhaps vary the SET(LR) to FLR(LR) before they 'find out'.

.

Hi Amber/Vinny

Many Thanks for your response.

Im hoping to case withdrawl. If not

My Tier 1 valid till Jun 2016. Im still waiting for court trial (20/11/13) with out applying SET(LR) irrespective im eligible from sep 2013.

If I get any conviction, Can I still apply for FLR(LR) and then go for citizenship in an year? Bit confused Please Advice.

Many Thanks,
Irfan.

[Amber]

In order to naturalise as British you must have ILR/PR. You may be able to extend if you have a general grounds for refusal.

[rmkirfan]

In order to naturalise as British you must have ILR/PR. You may be able to extend if you have a general grounds for refusal.

Hi ,

Finally my Assault case is dismissed with no conviction. Solicitor said there will be log as arrested, but no conviction.
Im almost ready to apply SET(LR),Do I need to disclose about case on my application? Please Advice.

[Amber]

No, I wouldn't think so.