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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, iam going to apply for settlement in uk in july but iam

Resolved Question:

Hi, iam going to apply for settlement in uk in july i have tier 2 visa, but iam bit worried because me and my husband had some problem with eachother in 2010 and i complain against him,i told police that he slapped and kicked me,so police came and taken him after 2 hours he came back and he denied everything. it was just short time fight we are fine now living happily ,iam worried if we will get settlement or not? plz help

Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Was he convicted of anything?
Was he cautioned by the police?
Did you drop the charges?

Kind regards
Customer: replied 3 years ago.

i don,t think so, but iam not sure,my husband was not good in english that time so didn't understant what police told him.what can we do now?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Firstly I would suggest that you call up your local police station and confirm if there was any caution that was issued to your husband in respect of the previous incident with you.

This is because the home office guidance states that they will refuse an applicant who is applying for indefinite leave to remain on or after 13 December 2012, if they:

• have been convicted of an offence and sentenced to imprisonment for at least four years

• were convicted of an offence and sentenced to imprisonment for at least 12 months but less than four years, and 15 years has not passed since the end of the sentence

• were convicted of an offence and sentenced to imprisonment for less than 12 months, and seven years has not passed since the end of the sentence

• have, within the 24 months preceding the date of the application, been
convicted of or admitted to an offence and received a non-custodial sentence or other out of court disposal recorded on their criminal record. ( This may be relevant)

The fact is that although the application may not be refused simply because he may have been cautioned( as more than 24 months have passed since the incident), the home office will ask you to disclose if he has been cautioned, warned by the police etc so I would suggest that you confirm this from the police, you do not want to withhold any information from the home office because this can have a negative effect on the application, as they can check the database and find out information on applicant's and they believe you withheld information from them they could refuse your application.

You should therefore obtain the information from the police and then apply for settlement to ensure the application is processed smoothly.

I hope this answers your question. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

if he was cautioned by police then ,his and my both applications will be refused?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

No his application wont be refused if he is cautioned but they can refuse it if he doesnt disclose that he was cautioned by the police in the application form.

If he was cautioned then the home office will still accept this application as the cautioned was more than 24 months ago. All you need to do is ensure that you find out if he was cautioned or not and if he was cautioned just include this in the application form, because they will ask for it.

If he was cautioned then they may issue you the visa and delay his application.

I hope this answers your question, if so kindly rate my answer positively so i can get credited for my time.

Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

i spoke with local police station they said,his record is there because he stayed there for couple of hours but nothing else happen. thanks very much for your help.

Expert:  UK_Lawyer replied 3 years ago.
Its a pleasure.

That is excellent news.

Good luck.

Kind regards
UK_Lawyer and other Law Specialists are ready to help you