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Tier-2 (General) based ILR application: Arrested no conviction/caution/penalty

Posted: Mon May 21, 2018 10:54 pm
by absreading
Dear Expert,

I am a silent reader of this forum and I have found it extremely helpful. I have following concerns and would like your expert advise.

in May 2014 I was arrested for a drunk and disorder offence and was released without any charges/conviction/caution on the basis of 'not enough evidence found to prove realistics of offence'. I have Subject access data from NPC (national police computer) and it says NFA (no futher action).

In March 2015 I applied for Tier-2 visa extension where I declared No under section F ( Personal History (criminal convictions, war crimes, etc)) as there was no option to declare Arrest and I was not convicted.

I am due to apply for ILR (based on tier-2, 5 yrs stay) in June end 2018 and I am not sure what to declare under Section 7.3 and 7.7 of ILR SET (O) 4/2018 form?

Section 7.3: Have you, or any dependants who are applying with you, been subject to, or received, any other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar penalties in the UK or any other country?

should I say NO under section 7.3 as my police record says NFA (no further action) and do not mention this at all in my cover letter?

Section 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?

Should I say NO under section 7.7 since police recod say NFA (no further action) and I was not charged or cautioned, but I was arrested? how to answer this please?

Any other advise how to declare or not to declare about this arrest?

Please provide your advise. Many thanks in advance.

Regards

absreading

Re: Tier-2 (General) based ILR application: Arrested no conviction/caution/penalty

Posted: Tue May 22, 2018 12:16 am
by cyclina1
quite confident that you have no harm to declare this, they will know anyway as the UKVI can also search the database of police.

both section answer NO is fine. you are neither convicted nor charged. section 7.7 is arrested AND charged.

Re: Tier-2 (General) based ILR application: Arrested no conviction/caution/penalty

Posted: Tue May 22, 2018 7:22 am
by absreading
Hi cyclina1,

Thank you for your reply.

could you please comment on the effect of declaring it now but I did not declare during tier-2 visa extension in March/April 2015. Will UKVI consider this as Deception for previous application if I declare it now? The arrest happened in May 2014. Would UKVI have done police rcord check during tier-2 visa extension in 2015? but again there were no questions to answer for 'cuation/arrest and charged' in tier-2 application form in 2015, so I didnt declare it.

Look forward your suggestion.

Kind regards,

Urgent help--does PCN for parking affects ILR application?

Posted: Tue Jul 17, 2018 10:38 pm
by absreading
Hi all,
Could you please help me by advising if I need to declare PCN (Penalty Charge Notice) issued to me for parking more than the allowed time. It was issued in July 2017 and was paid next day. Do I need to declare this in ILR application form which is due in the end of July 2018.

Please help me, if I have to declare then which sub-section of Section 7 (personal history) of SET(O) 7/2018.

Many thanks in the advance.

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Tue Jul 17, 2018 11:03 pm
by zimba
PCNs have NO effect on the ILR

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Tue Jul 17, 2018 11:29 pm
by absreading
Thanks! Do I need to declare it in application form or in cover letter?

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Tue Jul 17, 2018 11:38 pm
by businessmen aces
No you don't unless you got a CCJ because of non payment of pcn

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Wed Jul 18, 2018 10:51 am
by zimba
absreading wrote:
Tue Jul 17, 2018 11:29 pm
Thanks! Do I need to declare it in application form or in cover letter?
No

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Wed Jul 18, 2018 4:33 pm
by absreading
OK, Many thanks for the suggestion.

In one case in May 2014 I was arrested for drunk and Disorder for which I was not charged as there was no enough evidence to prove the offence (as I had already paid the taxi fare). I was sick in taxi.

Do I need to declare this in application form or in a cover letter.

Please suggest.

Regards

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Thu Jul 19, 2018 1:35 am
by zimba
Please note that you need to declare ONLY the convictions :!: :!:

Re: Urgent help--does PCN for parking affects ILR application?

Posted: Fri Jul 20, 2018 3:03 pm
by absreading
Hi Zimba, thank you for your suggestions. So the answer is NO?

regards

ILR application decision letter wording

Posted: Tue Jul 24, 2018 4:21 pm
by absreading
Dear All,

Please give your advise, what does it mean?

I had my ILR application today (same day) and the decision letter sates following:

'I am returning the enclosed passport(s) and other documents which you provided in
support of your application. A Biometric Residence Permit (BRP) will be sent to you
under separate cover. You should receive your permit(s) within 7 working days.
However, if you do not receive the permit(s) within 10 working days of the date of this
letter, please use the service at www.qov.uk/brp.'

However, they said verbally that it is approved but no where in the letter it says that the application was successful and approved. It says above ' a BRP will be sent to you in another cover'.

Any advise what is this, Am I granted ILR?

Regards

Re: ILR application decision letter wording

Posted: Tue Jul 24, 2018 4:28 pm
by CR001
The letter from premium service does not state specifically that ILR is granted. Usually only states a BRP card will be sent. If ILR is granted, your BRP card will state this and they usually tell you verbally.

Re: ILR application decision letter wording

Posted: Tue Jul 24, 2018 4:45 pm
by absreading
Thank you for the reply. Any idea how quickly they do deliver the BRP?

Re: ILR application decision letter wording

Posted: Tue Jul 24, 2018 4:49 pm
by CR001
It usually takes between 7 and 10 working days, sometime sooner and sometimes a bit longer. It is delivered by DX Couriers.

Re: ILR application decision letter wording

Posted: Tue Jul 24, 2018 4:52 pm
by nasmc92
congratulations

how did you apply ?
Online or Paper form

Please can you share some time line and what documents did you submit

Re: ILR application decision letter wording

Posted: Tue Jul 24, 2018 5:56 pm
by docfever
absreading wrote:
Tue Jul 24, 2018 4:21 pm
Dear All,

Please give your advise, what does it mean?

I had my ILR application today (same day) and the decision letter sates following:

'I am returning the enclosed passport(s) and other documents which you provided in
support of your application. A Biometric Residence Permit (BRP) will be sent to you
under separate cover. You should receive your permit(s) within 7 working days.
However, if you do not receive the permit(s) within 10 working days of the date of this
letter, please use the service at www.qov.uk/brp.'

However, they said verbally that it is approved but no where in the letter it says that the application was successful and approved. It says above ' a BRP will be sent to you in another cover'.

Any advise what is this, Am I granted ILR?

Regards

You normally get 3 pages of letters. 1st page says what you have implied. The 2nd page clearly states ur ILR application is approved.

Also my BRP was delivered directly from home office post without DX. No signature was needed. Came in 48 hours.