Arrested after UK visa application
I was arrested and charged with petty larceny (shoplifting) recently after filing a visa application a month ago. My application is still pending decision. My biometrics was taken in US a month ago.
In my application, I checked "No" to all questions related to criminal history.
Should I contact UK Immigration regarding this recent arrest now? Or should I wait for a decision? Should my application be refused, what is my best route to appeal/reapply?
I am currently working with a criminal lawyer to have the charge dismissed.
--- UPDATE---
I believe that one of the visa application question is "Have you ever had an arrest and charge for which you are currently on or awaiting trial?" and I answered "no" but my criminal lawyer said the correct answer is "Yes".
Should I contact the visa application center about the arrest? I have not talked with a immigration lawyer yet.
Best Answer
In the application process they ask a variety of questions about criminal convictions, cautions, speeding offences, civil penalties, immigration convictions and bankruptcy type proceedings. Presumably, you ticked “no” as that was correct at the time of application. This also includes “spent” convictions (assuming that has meaning in your jurisdiction), so old convictions that no-longer appear on a criminal record must be reported. It does NOT mention “pending” or alleged offences.
There is then, at the end of the process the following declaration.
By sending this application, you confirm that to the best of your knowledge and belief the following is correct: • the information relating to your application • your supporting documents Also, the application will be processed according to the privacy policy and terms and conditions. If false information is given, your application will be refused and you may be banned from the UK and prosecuted.
The problem is the “terms and conditions” that you must accept. If you read those they say:
You must contact your visa application centre if any of the information in your application changes.
Whilst an alleged offence does not result in a change of answer, should you accept a formal caution/warning/probation or (worse!) be convicted, that is a matter which is notifiable.
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Can criminal record affect my immigration status UK?
You must disclose your full criminal record when applying for British citizenship if you are applying from England, Wales or Scotland. If you have been convicted of an offence and were sentenced to exactly four years' imprisonment or longer, your application is likely to be refused.Can you enter UK with a criminal record?
Applicants for entry clearance and those applying to remain in this country are checked for UK criminal convictions. Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.Can you get a visa with a criminal record?
In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States. The Rehabilitation of Offenders Act does not apply to United States visa law.What happens if an international student commits a crime UK?
For any person that commits a crime in the country that does not have diplomatic immunity, he or she can face an arrest, arraignment and possible imprisonment as punishment for crimes convicted of no matter if a citizen or not. These include fines, time in a local jail or a state or federal prison.UK STUDENT VISA SCAMMERS ARRESTED |UK VISA|UK IMMIGRATION|UKVI|UKBA|2019 HD
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