Would an arrest/investigation prevent me from changing my employment visa?

[squarewave]

I was arrested for carrying a small pocket knife and a couple days worth of prescription medication (necessary, with the proper documentation, from my doctor in Hong Kong). No, I wasn't doing anything idiotic. It was extremely bad luck.

I've been here nearly long enough to apply for permanent residency. I was about to apply for a change of visa to switch jobs for the first time since coming here. However, I understand that the process is not simply changing names on a form, but getting a new visa. If I apply now, will they deny the application because of the pending investigation? Will they even know? (I haven't been charged with a crime.)

[shri]

I would not worry too much about it. I do think you need to be charged and convicted for it to appear on any record - or turn into a problem.

(And worrying about it will not help either... just put the application in and then wait for it to become a problem, rather than create a problem when none might exist)

[emx]

Do you plan to work for a bank?

[squarewave]

Do you plan to work for a bank?

No bank. The employer won't mind. They'll just tease me for not having common sense. I'm only thinking about immigration, and whether I would be better off waiting for the case to reach its conclusion (especially if it involves the case being dismissed).

I do know that if the immigration department decides you're a bad apple, they will unofficially blacklist you. It happened to a former colleague of mine. It's a situation to be strongly avoided.

[shri]

Surely your former colleague was not rejected because of an arrest - without a conviction of sorts?

[civil_servant]

If I apply now, will they deny the application because of the pending investigation?

No.

[squarewave]

Surely your former colleague was not rejected because of an arrest - without a conviction of sorts?

No, his case was a dispute specifically related to immigration. Still, it was without what I would consider "due process". He never stood much of a chance, because unlike in the real justice system, he was in a position of having to prove his innocence of the immigration problem, which is generally not possible. Then nobody told him he'd been blacklisted. They just denied every application. Someone he met with some government connection unofficially told him he had to give up.

[MandM!]

If you have a pending criminal matter, then immigration will delay your visa renewal/change of employer. Any conviction needs to go to a board for approval. Delays about 6 months. This was the experience I had when a window of my flat fell to the ground. If your window hits public property then they must pursue it. It was a fine no more than J walking yet a long process.

Immigration did not inform my employer of the reason for delay either. Had my visa been near to expiry not sure what would have happened.

I would hire a lawyer. This can also cause issues (usually just a delay and written explanation) with professional licenses and their renewal.

[MandM!]

Your charge might not be considered criminal though. It's really a toss up, the police like to tell you it's ok and no big deal but it felt like a big deal.

[HK_Katherine]

I'm trying to figure out why carrying a pocket knife (something I carry on every hike) or prescription medication is illegal. What am i missing?