Note: A previous version of this page referred to a legal requirement that individuals who have been arrested provide their nationality (and documents evidencing their nationality). However, at time of writing (24 August 2020), these legal provisions have not yet come into force (sections 159 and 160 of the Policing and Crime act 2017).
General advice for non-UK nationals with current or future plans to rmain in the UK is that being arrested has serious implications that are likely to impact any current or future application to the Home Office.
If you have concerns about your current immigration status, or any planned future applications to the Home Office, you need to seriously consider whether getting arrested is the right option for you.
Each case is unique and there is no uniform answer on how arrest will affect your immigration status. However, there are some things that you need to be thinking about when considering the implications of arrest:
- Your current immigration status and the possible implications of being arrested, i.e. can arrest change your immigration status?
- Any future planned applications to the Home Office for further leave/settlement (are you planning on making an application to the home office in the future?)
- Do you see a future in the UK whether medium or long term? Would you be able to deal with the impacts or problems arising from the Home Office such as loss of permission to work/access to welfare? (In certain circumstances the Home Office may remove your right to work or access to welfare while your application is being considered. Are you able to take care of yourself and deal with these issues?)
If you have specific concerns about your current status or regarding any planned future applications to the Home Office, the most important thing you can do is seek professional legal advice.
For more detailed information from a leading immigration solicitor read here:
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