Skilled worker BRP extention - ongoing criminal investigation

[bergelzon]

2 years ago I was arrested after one person filed a report. Released he same day. Since then - no progress in my case, no criminal charges, but the case is pending formally, because police does not have any legal deadlines. The case is dead.

I was promoted and my company applied to my BRP extension.

The visa application contains the following:

At any time, have you ever had any of the following,
in the UK or in another country?
• criminal convictions
• driving offences
• outstanding criminal proceedings
• cautions or fixed penalty notices
• court judgements
• civil penalties for breaking UK immigration law

I put No there because position of our my legal team that I am innocent, ther were no actions against me since I was released, and arrest is not an outstanding criminal proceedings, which imply charges byt the CPS or a trial in the court.

Also this is different from the LTR application language, where arrest is mentioned explicitly

7.7 Have you or any dependants who are applying with you been arrested and charged in any
country with any criminal offence and are awaiting, or are currently on trial?

And even in this situation it is a combination of being arrested AND awaiting a trial, not just being arrested.

After several months my team got this notice:

Although we would normally decide your application within 5 working days from the date that your biometrics were enrolled, unfortunately this is not going to be possible in your case.
This is because your application raises exceptionally complex issues, and we require further time to consider your case thoroughly and reach a decision.

I assume my information appreaded during background checks in the PNC.

My only concern is that the HO can interpret my application as falsified and reject my application, but I did not falsify anything and this is the interpretation of my legal team. The HO did not raise any other questions.

Any thoughts on this? Appreciate specific links/examples.

[Hampshire]

All you have to do is wait for the decision of the home office. You have a legal team ready to look at it. There is no point in speculating what HO can do.

[Frontier Mole]

The Home Office is unlikely to progress your application until the outcome is known about your investigation.
Personally I believe you should have said Yes to the question.