Updating Visa for change in employment | outstanding criminal procceddings

[ak199047]

Hello,

I'm from India and I work in IT sector, my employer has sponsored my skilled worker visa. Recently I have gotten an offer from another company for which I would need to apply for change in employment visa application.

Some time last year when I was already in UK, some police complaints were filed by a close relative with personal vendata in my home country. Once I was made aware of them, I have followed the law and decided to fight them. I was granted anticipatory bail and I was never arrested. I assisted in investigation, now court trials have begun, bail is posted with permission to attend the procceddings through video conferences.

My current employer is also aware of these proceedings and I keep them updated and I've also declared this on background screening forms for which I'm awaiting sign off from the new employer.

In parallel, I've been also asked to fill up the skilled worker visa application for change in employment. I came across following questions on visa application,

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

Initially I thought this should be answered "no" since there was not an arrest.
Now I am inclined towards answering yes to avoid any complications, but then it expects me to provide following details, I need help answering these questions regarding arrest and charge.

Why were you arrested and charged?
Give more detail including arrest date, charge date and any court dates

What is the correct way to answer these questions, I am innocent but I've to wait for trials to finish. I've court hearing dates which I will provide, but
1) There was no arrest but there is bail, so what should I mention here
2) What documentation is expected in such cases ?
3) How this would impact HO's decision ?

Appreciate the help in advance.

[Hampshire]

Ask your current lawyer to help answer those questions. They will be able to tell you whether it would be classified as an arrest.

documentation - dont know


HO will take some time to take a decision depending on how serious the charge is. Does the bail conditions allow you to travel overseas? I would suggest to continue with your present SW visa and not change employer. For sure, dont withhold this information. If later on HO, finds out , it will have consequences on all future applications.

Good luck!

[ak199047]

Ask your current lawyer to help answer those questions. They will be able to tell you whether it would be classified as an arrest.

documentation - dont know


HO will take some time to take a decision depending on how serious the charge is. Does the bail conditions allow you to travel overseas? I would suggest to continue with your present SW visa and not change employer. For sure, dont withhold this information. If later on HO, finds out , it will have consequences on all future applications.

Good luck!

Thank you @Hampshire for the reply.
I'm at the difficult stage already, even if I continue with current employer I would have to apply for visa extension soon.

Since proceedings were started after I came to UK, India trial court has acknowledged that I'm already abroad and had permissioned me to assist the police inquiries and now court proceddings through VC. There is no condition related to travel.

My lawyer is with view that we should state that there was no arrest but mention charges & bail and other details.

I'm worried about documentation if any required as it will just delay the decision.