Impact of simple police caution on ILR

[deeboy]

Dear All,

I am due to apply for ILR in March 2015 based on the 5 year rule. I am currently on a tier 1 general migrant visa. I have a simple police caution for beating which happened in September 2014. I will like to know if this is a guaranteed refusal or not. My doubts/optimism are
1)There is no section on the form that simple police cautions can be declared unlike that of the naturalisation form.
2)I telephoned the UKBA and was advised that this may/maynot impact my application as long as i declare it in a cover letter.
3)Has there been any case of successful ILR granted with a police caution within 24 months

Thanks

Deeboy

[t123456789]

I believe it's mandatory refusal until at least 24 months since the caution was issued, so you will have to wait till September 2016. See 322 1C on page 7.

(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

[broken leg]

Hey Deeboy

I have the same situation, what have you found so far?

I would appreciate ur response

[panmetrix24]

Hi All,

I had applied for ILR in 2013 on a 5yrs WP basis (old system), I applied for ILR even though the caution I received was less then 24 months old (15 mnths), my application was successful & was granted the ILR the same day! (see the link below for detail)
[url]http://www.immigrationboards.com/indefi ... ml#p838800

However in my research I've found that the case workers use discretion. I know few other similar cases wherein the application wasn't successful. There is no guaranty, I took the risk with my application as I had no option, so its up to the individuals to decide to risk it or not.

Hope this help?

[achakrab22]

Hi panmetrix24,
Did you declare anywhere in your application that you had simple caution < 24 months.
Many thanks, I am in similar situation and my ILR is due in June 2015 whereas the simple caution was given in Aug 2014.

Thanks
Andy

[panmetrix24]

Hi Andy,

Yes I did write a brief story on my application (think it was in the empty page in "Character section"), I also wrote a separate letter addressed to the case worker & submitted along with my app, the case worker had a glanced at the letter but didn't bother keeping with the app. However if you are planning to apply, it is well worth taking it along with your application (just in case).

[achakrab22]

Thanks for the reply!
Andy