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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was charged with Section 4 harassment and am due to appear

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I was charged with Section 4 harassment and am due to appear in court later this month. Meanwhile in order to start work with my new employer I need to apply for a Tier 2 Visa(I already have a previous Tier 2 Visa but the CoS is from my old employer so I think I'm supposed to apply for a new visa altogether). I was wondering if having the trial pending will mean my visa application will be rejected, do UKBA check for pending trials as part of their background checks and if I do disclose this pending trial what are my chances with the visa application?
Hi

Thanks for your patience.

I am afraid that you will have to disclose the fact that you have been charged with an offence which is yet to have proceeded to trial.

If you are changing your sponsor then you will have to make a new application for a tier 2 visa. Please refer to the heading titled “When to use the change in circumstances form” and specifically the final sentence of that paragraph for confirmation on the following link:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/changeofcircumstances/

Therefore you will have to complete a new tier 2 application. Please refer to question F5 on the following application form:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2applicationform1.pdf
You will see that it asks the question “F5. Have you ever been charged or indicted in any country with an offence for which you have not yet been tried in court?”

You must answer honestly and give details of the offence in the box underneath. If you did not give details then ultimately the UKBA would almost certainly find out and then revoke your visa on the basis of deception.

You should state that you intend to defend the charge (if you do) and see how it plays out. This type of offence is quite wide-ranging in scale. You will still probably be okay but subject to the outcome of the trial.

If you are convicted and receive a considerable sentence then it’s possible that the UKBA may revoked your visa.

If the trial is soon then it’s also possible that the UKBA may delay determining your current application until the trial has occurred.

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Kind regards,


Tom
Customer: replied 4 years ago.

Hi


 


Is there a chance UKBA would refuse the application altogether instead of just holding till the trial concludes(it is by end of this month)? I can explain on the application form an overview of the charge with the allegations against me that constitute the charge (basically that I called an ex-partner 100 times a day and sent violent texts, many times from my phone), my defence(that I did not call/text her,I am giving my phone records to show this,that she sent me malicious messages for which police gave her harassment warning) and that the police officer and prosecuting counsel have both recommended to the CPS lawyer concerned to drop charges because there's some evidence of extortion on her part, she's not cooperating with the police in giving her phone records and because no one has witnessed the alleged texts and calls she received. Would that be sufficient?

Hi,

You should give those details, but if the matter is proceeding to trial then I would expect that the UKBA would delay until the trial has concluded or issue your visa and then revisit the visa if you are found guilty.

In the - fairly unlikely - event that they refused the visa on this basis alone then I would expect that once the trial has concluded and you are found not guilty then you would be successful in your application.

The more likely scenario is that they delay determination though.

Please remember to rate my answer.

Tom

Hi

 

You have given me a "poor" rating. This reflects very badly on me.

 

I appreciate that the answer may not be the one you wanted to hear but it is correct.

 

Your rating means that I do not get any credit for the time I have taken to answer your question.


I would be grateful if you would change the rating to "Okay" service or otherwise state how I can clarify the answer for you.

 


Tom

 

 

 

 

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