Fiancé visa – Arrest but no Conviction: will this be a pr

[IzzyA]

Hi everyone. I’ve read this forum with great interest and have managed to get most of my questions answered. However, there are two things we’re stuck on and would really appreciate any constructive feedback. My Fiancé is about to put in his online application – Settlement VAF4A (he’s been in Canada for a number of years, has Canadian Residence but an Indian passport; I’m a British Citizen living in England) and the questions that are concerning us are as follows:-

6.9 Do you have any criminal convictions in any country (including traffic offences)?

A number of years ago my Fiancé was arrested with another person for assault (I won’t go in to all the details, it is too complicated). Both parties went to court and he was given a conditional discharge due to extreme provocation, ordered to take an anger management course and was placed on probation for a year. He wasn’t actually CONVICTED of a crime, but it seems like this is just semantics because after recently paying Pardens Canada to get his record expunged, we’ve just discovered that although the Ottowa National Criminal Records Registry have confirmed that his records have been destroyed and that his name, fingerprints and dob could not be associated to any existing criminal record of conviction, the Toronto Police Services say that a record of arrest report pertaining to this incident will be retained. I’m reluctant for this arrest to be mentioned in his application, as technically he wasn’t convicted of anything. The problem is, WHO exactly will have access to his record of arrest, and will it go against him if the British authorities come across this when they do their usual checks on applicants? Before he had the record expunged he was refused entry to the United States at the Canadian border (even though he’d been allowed to enter on a number of previous occasions) and when he asked for an explanation he was told that they didn’t need to give him one, they just weren’t letting him in!!! We think this was either because of his arrest record or they didn’t like the look of his brown face …… Should we just come clean about his arrest in a covering letter accompanying his application, or simply say NO to the question about convictions?

4.11 Full name of Spouse/Partner (if single go to 4.16)

As he’s divorced, the guidance notes instruct him to put the name of his ex-wife here, but does he have to fill in his ex-wife’s details in questions 4.12/4.13/4.14/4.15? The guidance notes don’t make this clear. I’m assuming he does, especially as single people are instructed to go straight to question 4.16, which implies to me that all those preceding this have to be completed by divorced people. What if he doesn’t know where she’s living now; I assume he says NOT KNOWN??? Sorry to sound so dense, I can’t believe how terribly nervous you get filling in forms like this, all of your usual common sense goes out of the window. I’ve never been so stressed …..

Apologies for such a long post. Any help with these questions will be hugely appreciated. We don’t want to waste over 700 UK Pounds to pay an immigration specialist to do the paperwork for us if we can help it, hence trying to get all the information we need from this site!

Cheers

[IzzyA]

Oh dear. I can see many people have read this post, but there have been no replies.

Can someone please give me some feedback here, even if it's only to say we should pay to get legal advice about how to answer this question about convictions.

Many thanks

[batleykhan]

See your PM box