Impact of arrest and visa refusal on UK work visa

Hi. Hope you are doing well. I am a foreign national currently working full-time in the UK under Skilled Worker Visa and am looking to extend it in Sep 2023 for another 3 years before I can quality for ILR. I have two things in mind that I believe might put my UK Skilled Worker Visa extension and even the ILR&naturalisation applications in danger and I would very much appreciate it if anyone could offer some relevant insights or experiences on it.

1. I was arrested without further action (AWFA) by the police on domestic violence (it is a completely false accusation) and I have checked ACRO and confirmed my records on this are there; I was arrested one night and then released the next day due to insufficient evidence. I requested ACRO record deletion but the police came back to me saying no proof does not mean it did not happen and thus my police record on this incident was not deleted although all of my biometric information and detention photo have been deleted. On this case there has been NO trial, hearing, conviction, reprimands, warning, cautions or any other form of penalty. Just an AWFA police record.

2. I recently remembered a fact that I was refused Schengen visa back in 2016 because of insufficient documents and that the documents provided did not satisfy the visa application requirements. I have long lost the visa refusal letter and there is no sign of such visa refusal on my passports (I was using my old passport back then and I’ve got a new passport since last year as the old one expired). This looked so trivial to me that I completely forgot it afterwards and when I applied for UK Student Visa in 2019 and UK Skilled Worker Visa in 2020 on the question ‘have you ever been refused a visa for the UK or any other country’ I put ‘no’ but both visas got granted.

Previously I consulted two immigration solicitors in the UK on the first matter and they both were really sure just this AWFA would not jeopardise my Skilled Worker Visa extension in the near future and the ILR/naturalisation applications in the further future. They also suggest that I feel free to disclose it in the Skilled Worker Visa extension and it will do no harm and that I will HAVE TO disclose it when applying for ILR&naturalisation because these required much more rigorous inspection.

So it seems that the first matter is not particularly a big problem but the second one is what is haunting me now.

I am fully aware that I must be honest in the visa/ILR/naturalisation applications, but here are my concerns:

1) If I put ‘yes’ on the visa refusal history question in the Skilled Worker Visa extension application and ILR&naturalisation applications, there would be a clear conflict between my future applications and previous applications where I put ‘no’s on it. Would this cause any problem?
2) Like would UKVI deem that I deceived them or intentionally provided misleading information in previous visa applications? If so would that affect my future visa/ILR/naturalisation applications or even my current Skilled Worker Visa?
3) Even if one single AWFA would not jeopardise my Skilled Worker Visa&ILR&naturalisation, what about AWFA+conflicts on this visa refusal question?
4. How would I minimise the likelihood of my Skilled Worker Visa&ILR&naturalisation getting refused under this circumstance?

Sorry for presenting such a lengthy post but I would be very much thankful if insights, ideas and experiences were shared and discussed!

Hi. Hope you are doing well. I am a foreign national currently working full-time in the UK under Skilled Worker Visa and am looking to extend it in Sep 2023 for another 3 years before I can quality for ILR. I have two things in mind that I believe might put my UK Skilled Worker Visa extension and even the ILR&naturalisation applications in danger and I would very much appreciate it if anyone could offer some relevant insights or experiences on it.

1. I was arrested without further action (AWFA) by the police on domestic violence (it is a completely false accusation) and I have checked ACRO and confirmed my records on this are there; I was arrested one night and then released the next day due to insufficient evidence. I requested ACRO record deletion but the police came back to me saying no proof does not mean it did not happen and thus my police record on this incident was not deleted although all of my biometric information and detention photo have been deleted. On this case there has been NO trial, hearing, conviction, reprimands, warning, cautions or any other form of penalty. Just an AWFA police record.

2. I recently remembered a fact that I was refused Schengen visa back in 2016 because of insufficient documents and that the documents provided did not satisfy the visa application requirements. I have long lost the visa refusal letter and there is no sign of such visa refusal on my passports (I was using my old passport back then and I’ve got a new passport since last year as the old one expired). This looked so trivial to me that I completely forgot it afterwards and when I applied for UK Student Visa in 2019 and UK Skilled Worker Visa in 2020 on the question ‘have you ever been refused a visa for the UK or any other country’ I put ‘no’ but both visas got granted.

Previously I consulted two immigration solicitors in the UK on the first matter and they both were really sure just this AWFA would not jeopardise my Skilled Worker Visa extension in the near future and the ILR/naturalisation applications in the further future. They also suggest that I feel free to disclose it in the Skilled Worker Visa extension and it will do no harm and that I will HAVE TO disclose it when applying for ILR&naturalisation because these required much more rigorous inspection.

So it seems that the first matter is not particularly a big problem but the second one is what is haunting me now.

I am fully aware that I must be honest in the visa/ILR/naturalisation applications, but here are my concerns:

1) If I put ‘yes’ on the visa refusal history question in the Skilled Worker Visa extension application and ILR&naturalisation applications, there would be a clear conflict between my future applications and previous applications where I put ‘no’s on it. Would this cause any problem?
2) Like would UKVI deem that I deceived them or intentionally provided misleading information in previous visa applications? If so would that affect my future visa/ILR/naturalisation applications or even my current Skilled Worker Visa?
3) Even if one single AWFA would not jeopardise my Skilled Worker Visa&ILR&naturalisation, what about AWFA+conflicts on this visa refusal question?
4. How would I minimise the likelihood of my Skilled Worker Visa&ILR&naturalisation getting refused under this circumstance?

Sorry for presenting such a lengthy post but I would be very much thankful if insights, ideas and experiences were shared and discussed!

Welcome to the forum. 

I completely understand your concerns. My feeling is that you should disclose the visa refusal (and of course the arrest) at your next application and going forward. Just include a letter explaining as you have here and I don't think there will be a problem.

The fact is, you forgot, then you remembered. That sort of thing happens all the time and you won't be the first. I think the important thing is that you declare it as soon as you become aware of it. To do anything else could be seen as deception.

Although I realise the main point is the discrepancy, it does work in your favour that it was a refusal on a technicality rather than on your suitability.

As regards your other points. Explain as beautifully as you've done here, provide the relevant evidence and keep everything as simple, matter of fact and unambiguous as possible.

Thanks for welcoming me and offering me such useful and insightful information and ideas.

My biggest concern is that I know a discovered deception in the application can directly lead to visa refusal and so if I put 'yes' on the visa refusal history question and the caseworker found out I did not disclose the visa refusal history in the previous visa applications, would they think I intentionally deceived them (twice...) instead of believing that the two 'no's for the visa refusal history questions in the past two applications were simply unintentional mistakes.

Thanks.

Thanks for welcoming me and offering me such useful and insightful information and ideas.

My biggest concern is that I know a discovered deception in the application can directly lead to visa refusal and so if I put 'yes' on the visa refusal history question and the caseworker found out I did not disclose the visa refusal history in the previous visa applications, would they think I intentionally deceived them (twice...) instead of believing that the two 'no's for the visa refusal history questions in the past two applications were simply unintentional mistakes.

Thanks.

I understand. However if you don't disclose now, it would be deliberate whereas before it was accidental.
You've spoken to professionals on the other issue, I think it would be a good idea to consult with them again on this. 

Hi guys,

Thanks for your support and information on this. I put a 'no' in the crime history question in the Skilled Worker Visa application form but attached a letter explaining my Arrest Without Further Action. The visa was rejected and the reason was that Arrest Without Further Action record.

This is clearly not the perfect outcome I was expecting. I was wondering if there is anything I can do it to get the visa approved? Thanks.

Hi guys,

Thanks for your support and information on this. I put a 'no' in the crime history question in the Skilled Worker Visa application form but attached a letter explaining my Arrest Without Further Action. The visa was rejected and the reason was that Arrest Without Further Action record.

This is clearly not the perfect outcome I was expecting. I was wondering if there is anything I can do it to get the visa approved? Thanks.

I'm very sorry to hear that you were refused.  The absolute best thing you can do at this point is consult with an expert immigration firm. Usually this forum recommends medivisas in London.

You could also try https://www.immigrationboards.com as they are a much larger forum and have more experience with this sort of situation.

Any past history involving an arrest is always best going through a qualified, experienced immigration solicitor.  Especially with the consideration that it was not previously disclosed. Totally get that it was an oversight.  You likely just need a well written solicitor letter to attach to your new application that is concise in its expiation and explains why UKVI need not be concerned with approving your extension.

I hope your employer is assisting you and providing you with advice and expertise.