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Can arrest but no conviction effect my naturalisation
Posted: Tue Jan 18, 2011 3:59 pm
by Kingdomm
hey everyone, I was once arrested in my business premises for possessing counterfeit goods. But later Trading Standards drop all the actions against me because they found that goods were supplied without my knowledge. However, I appeared in court as a director of the company and Magistrates' court decided that the company should pay £2000 for legal expenses and costs such as enforcement team visit, destroying those goods.
I would like the know, how on the application form I should state all of these for instance, I got arrested for possession of counterfeit goods but not charged/ convicted or appeared in court for intentionally possessing them. I also want to find out how appearing at the court as a director of the company can affect my application. As far as I know when the company is limited company and director has limited liability.
Please help...
PS: I also had a recent CRB check which illustrated no conviction and caution.
Posted: Tue Jan 18, 2011 5:34 pm
by johnsienk
<original post deleted>
Thanks
Posted: Tue Jan 18, 2011 8:28 pm
by Kingdomm
johnsienk wrote:
personally I would not expect it to cause a problem should you mention it on your application.
hey, first of all thank you for granting me British citizenship...
But I am
not looking for someone's personal judgement...
I need a precise answer, like how the law implies to my situation...
I think I need to explain my situation with different context...
If the company you are director of received fine because it breached health and safety act; for instance you did not provide protective clothes to your employees or had no fire extinguishers in the premises...
then do 5 year spent time apply because of this fine ??
Posted: Wed Jan 19, 2011 6:03 am
by MPH80
I need a precise answer, like how the law implies to my situation...
Then go see a lawyer - we can only offer opinions.
Posted: Wed Jan 19, 2011 2:44 pm
by Kingdomm
MPH80 wrote:I need a precise answer, like how the law implies to my situation...
Then go see a lawyer - we can only offer opinions.
Thanks for your advise, I have never thought of that before...!
Posted: Wed Jan 19, 2011 5:57 pm
by cobra
If you were not charge for the offence then i don`t think it going to affect your citizenship, because you don`t have any criminal record.
Posted: Wed Jan 19, 2011 7:07 pm
by ChetanOjha
Logically, it the director of the company who was help responsible for breaching health and safety law and not you personally.
I think it should not affect your citizenship. Again no precise answer...
Posted: Thu Jan 20, 2011 1:49 am
by ukpl
chetanojha wrote:Logically, it the director of the company who was help responsible for breaching health and safety law and not you personally.
director's limited liability is limited to financial matters only
director is fully responsible as a physical person for conduct of his company
for instance, director can be prosecuted and jailed for company's criminal activities
one can't hide behind limited liability in such context
just imagine, all criminals could register ltd company and then commit crimes and avoid punishment?
still, it is not the answer for the OP's question
OP has been arrested but then subsequently not charged and has clear recent CRB, so where is a problem?
no conviction means clear record, but if OP wants to be sure then he can ask the relevant court for his status and armoured with printed court sentence seek confirmation from good immigration lawyer