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charged in any country with a criminal offence

Posted: Mon Oct 21, 2013 8:46 pm
by spr001
HI all,

I will keep it short and in points:

Current state:
> Have been in UK for 5 years , will apply for ILR soon.
> SET(O) form section 7.5 states :
Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?
> I have a pending court case which has not yet been tried. Family issue.
> There is no charge sheet or police custody, just various forms of documentations between me and other party.
> I have never done anything wrong.
Question:
> Does a pending court case fall into "charged with a criminal offence" ?
> If yes nad I declare YES to the above question, will it affect my ILR application.
> Can someone direct me to relevant caseworker information ?

Any help on this will be highly appriciated.

Thanks in advance for your help.
I have modifed my query, if anyone need details please send me a private message.

Posted: Tue Oct 22, 2013 8:46 am
by Amber
A pending prosecution may mean the case will be held until a decision on your criminal case is decided.

Posted: Wed Oct 23, 2013 10:27 am
by sandeepk
it is a civil case and UKBA doesnt care about your marital disputes.

so dont worry about anything, it will be done

Posted: Wed Oct 23, 2013 10:59 am
by Amber
Are your sure the 'protection of women from domestic violence act, 2005' is not a criminal statute?

Posted: Thu Oct 24, 2013 6:44 am
by spr001
D4109125 wrote:A pending prosecution may mean the case will be held until a decision on your criminal case is decided.
Thanks, I checked with a solicitor. This is not a prosecution and hence does not stand under @charged with criminal offense@

Posted: Thu Oct 24, 2013 6:46 am
by spr001
D4109125 wrote:Are your sure the 'protection of women from domestic violence act, 2005' is not a criminal statute?
Thanks, there are different categories of the said act. The act has been widely misused, as in my case, but that's a different matter. Hence the govt has modefied the law to tune it as per the grievences and proof available. Apparently saying "Hello" loudly could also fall into women harrassment....

Posted: Thu Oct 24, 2013 6:48 am
by spr001
sandeepk wrote:it is a civil case and UKBA doesnt care about your marital disputes.

so dont worry about anything, it will be done
Thanks, I got it confirmed and this is not even a civil case, it falls under family court and in any stretch of imagination could fall under criminal case.