Simple Caution just before applying for ECAA Indefinite Visa

[Nhr]

Hi Everyone,

I have ECAA Turkish Ankara Agreement visa since May 2011. I am a self-employed.
I was going to apply for my indefinite visa this year May after completed my 4 years here but unfortunately I had an argument with my bf and I called the Police and they gave both of us Simple Caution. They said it's nothing important but when I searched about it, I noticed It is. I talked to many lawyers. Some of them said its not that important if we declare it and explain it but some others said they might refuse my visa or I have to wait 2 years to clear it.

Now, I am really upset and confused. Is all my work and effort going to ruin just because, we had an argument with my bf? I know we shouldn't had that but sometimes it happens. I got simple caution Feb 2015 and I should apply for my indefinite May 2015.

Do you think if they may refuse it, extend it or accept the explanation?

Thank you

[askhan]

Hi Nhr,

I am afraid, you have to extend or wait on the same visa till Feb 2017, The ILR application will be rejected straightaway.
The Caution spend time is 24 months from the issue date.

https://www.whatdotheyknow.com/request/ ... ice_cautio

I am sorry to give you this news.

Thanks
AK

[Nhr]

Hi Nhr,

I am afraid, you have to extend or wait on the same visa till Feb 2017, The ILR application will be rejected straightaway.
The Caution spend time is 24 months from the issue date.

https://www.whatdotheyknow.com/request/ ... ice_cautio

I am sorry to give you this news.

Thanks
AK

Hi AK,

Thank you for your answer. Yeah I read this before:( but I am just wondering If they treat every simple caution in the same way or they sometimes use initiative because It was just an argument between I and my bf. I didn't steal anything or destroy anything. I know it shouldn't had happened but this is really harsh. I feel like a criminal

I am wondering if there is anyone got their visa in the same or similar situation? Please someone say yes

Thanks AK

[askhan]

I can understand your situation, but unfortunately this is how it is. I wish I could say its isnt an issue.
They are now very strict and won't let any stone unturned.
what you can do if want to be 100% sure get your Enhanced CRB report and if the caution is there then you know the answer or if its not there then you lucky.

[montysingh]

Hi Nhr,

I am afraid, you have to extend or wait on the same visa till Feb 2017, The ILR application will be rejected straightaway.
The Caution spend time is 24 months from the issue date.

https://www.whatdotheyknow.com/request/ ... ice_cautio

I am sorry to give you this news.

Thanks
AK

Hi AK,

Thank you for your answer. Yeah I read this before:( but I am just wondering If they treat every simple caution in the same way or they sometimes use initiative because It was just an argument between I and my bf. I didn't steal anything or destroy anything. I know it shouldn't had happened but this is really harsh. I feel like a criminal

I am wondering if there is anyone got their visa in the same or similar situation? Please someone say yes

Thanks AK

Hi NHR

Just apply for a PNC certificate for about £12 and it will take a month to arrive. if there is no mention of this caution you are absolutely fine for ILR. but if it is mentioned in the PNC then you will have to wait for 24 months from the date of caution.
here is the link https://www.acro.police.uk/subject_access.aspx

you can even apply online,

[Nhr]

Yeah actually its a good idea . I will do that. I am almost sure I have a criminal record because I signed the caution but It worth to check it out. Thanks both of you for your help.

[Nhr]

Hi again,

I am a little bit confused now.
Do I need to do CRB or PNC check?
Also I talked to police and they say there is no CRB check anymore It is DBS now!
Which one is the right one to find out about my simple caution ?

Thank you

[askhan]

Hi Dear,

The police is right the CRB is now changed to DBS, and indeed you cant apply for it as some one else (employer or a company) can do on your behalf.

So please go for PNC which is more easy to get and cheaper than DBS.
Thanks
A

[Nhr]

Hi Dear,

The police is right the CRB is now changed to DBS, and indeed you cant apply for it as some one else (employer or a company) can do on your behalf.

So please go for PNC which is more easy to get and cheaper than DBS.
Thanks
A

Hi Askhan,

Thank you.

[montysingh]

Hi Dear,

The police is right the CRB is now changed to DBS, and indeed you cant apply for it as some one else (employer or a company) can do on your behalf.

So please go for PNC which is more easy to get and cheaper than DBS.
Thanks
A

Hi Askhan,

Thank you.

Hi nhr

just click on my link and apply online for a SAR report and it costs only £10 and comes lot quicker than DBS

[Nhr]

I will do. Thanks.

[Nhr]

Hi Everyone,

I have one more question about my case please.
I don't know if everyone knows about ECAA Ankara Agreement but I want to explain it shortly, so you can understand my situation better.
This is a Business Person visa and they usually give 1 year visa first and they give another 3 years if your business is successful.After 4 years you are eligible to apply for Indefinite leave to remain.

In my case they gave me 3 years first and we applied for 1 year extension to complete it to 4 years but they gave me another 3 years visa(3+3-So I have visa until May 2017.) We wrote home office about it and they said I can apply for my indefinite visa after I complete my 4 years.

As I mentioned in my previous email. Unfortunately, I got Simple Caution in February because of an argument with my bf. I was planning to apply for my ILR in May.

I talked to many lawyers, some said I can apply with an explanation letter and try to get ILR. Some others said I can't apply because of 24 months period. Some said try to apply in May, if they refuse it you already have visa until 2017 anyways.

Now my question is, If I try to do last option and If they refuse my ILR, I can still continue on my existing visa or they might cancel it too?

Any idea?

Thank you

[askhan]

My suggestion DO NOT apply for ILR until you get your PCN report.

Also, if your leave is expiring in 2017, and if you apply for ILR and get refused IT WILL NOT effect your status.

Thanks
A

[Nhr]

Hi Askhan,

I applied for PNC report and waiting for result but if refusal will not affect my current visa, probably I will try to apply for ILR first with an explanation letter from me and from my bf. Also, I will get a few character letters from people who I worked before and who knows me for a long time. I hope it will help.
I should get my PNC report before my application.

Thank you very much.

[montysingh]

Hi Askhan,

I applied for PNC report and waiting for result but if refusal will not affect my current visa, probably I will try to apply for ILR first with an explanation letter from me and from my bf. Also, I will get a few character letters from people who I worked before and who knows me for a long time. I hope it will help.
I should get my PNC report before my application.

Thank you very much.

Hi Mate

The only thing you need to look at if applying before PCN report comes back is that you will loose lot of money if your ILR is refused. Your ILR will be refused if the PCN contains the caution info.
So unless the money is not a concern then you should apply for ILR now.

[Nhr]

Hi Monty,

Thanks for your answer. To be honest, I am almost sure I have the record but I just want to double check.
I don't know if there is any chance not to have it in your PNC report when you got the caution and signed it?!

For this visa type we do not have to pay for application but I am paying for solicitor almost double price just because of this issue.
My only concern is if they refuse my ILR they have any right to do cancel my current visa or it will effect my future indefinite visa application.

As Askhan said, it normally shouldn't effect my current visa but sometimes rules might be different for different type of visas.
That's what I am trying to find out from solicitors now, If not I will definitely go for ILR.

I read a few similar situation on forum, they applied for indefinite but nobody let us know about the result. It would be more helpful if people share the results with us as well please. Thanks

[montysingh]

Hi Monty,

Thanks for your answer. To be honest, I am almost sure I have the record but I just want to double check.
I don't know if there is any chance not to have it in your PNC report when you got the caution and signed it?!

For this visa type we do not have to pay for application but I am paying for solicitor almost double price just because of this issue.
My only concern is if they refuse my ILR they have any right to do cancel my current visa or it will effect my future indefinite visa application.

As Askhan said, it normally shouldn't effect my current visa but sometimes rules might be different for different type of visas.
That's what I am trying to find out from solicitors now, If not I will definitely go for ILR.

I read a few similar situation on forum, they applied for indefinite but nobody let us know about the result. It would be more helpful if people share the results with us as well please. Thanks

Hi Mate
I have read upon the ECAA visa details but unfortunately for ILR it doesn't matter which visa you have currently got but you shouldn't have a conviction before 24 months, If i was you and all the paperwork is in correct format and accurate. I will just take the risk and apply for ILR myself without the solicitor. I have been in the UK since last 11 years and filled several application forms for various visas and never used a solicitor once. In your case you have got nothing to loose even if they refuse your ILR. I am 900% confident they cannot cancel your current visa on basis of this caution, as i have read about ECAA and it doesn't mention anything about the cancellations of visa due to conviction in the guidance. so take the chance and apply yourself, you might just get lucky

[Nhr]

Hi Monty,

Yeah you are right. Thanks for reading ECAA and letting me know.

Thank you

NHR

[Nhr]

Hi Monty,

Do you mind sending me the link you got the information about ECAA?
I have a few guidance but not sure if it is the same one you have.
I think I will apply by myself as you said there is nothing to lose. I am a little worried to make mistakes but I read people's experiences here and getting some ideas. So I really start thinking to do it by myself.

Thank you

[vinny]

Does ECAA lead to ILR?

[montysingh]

Does ECAA lead to ILR?

Hello NHR

are you on turkish worker visa or turkish businessperson visa

i am pretty sure because you are self employed, you must be on turkish businessperson visa? is it correct.

because as mentioned by vinny turkish worker visa does not lead to ILR

[Nhr]

Hi Vinny,

Yes, If you complete your 4 years with ECAA visa, you are eligible to apply for ILR.

[Nhr]

Hi Monty,

I am on ECAA Business person visa so I am eligible to apply for ILR after 4 years.
Yeah ECAA Worker visa is not.

Thanks

[Nhr]

Hi Everyone,

So, I applied for my Indefinite visa on 22 June 2015. There is still no reply from HO in any way!!
My solicitor sent them letter on 25 Jan 2016 because my grandparents died but they even didnt reply to that, then we called HO on 25 Feb 2016 and as usual they didnt say anything and only told my solicitor to fax them the letter which he sent in Jan.

I am calling them by myself but they keep only telling me to wait. I am waiting for almost 9 months and I really had enough. So much stress, I cant concentrate anything, I couldnt go to funerals and lots more.

They dont refuse it obviously because they could do it easily in 1 month but they dont send my visa too and they dont give us any information about it, which is ridiculous.

Anyone can guess whats going on?

One of my friends told me that he had to wait for his passport around 7 months last year and talked to his local MP about it and he got his passport back after 1 week. I am planning to do this, I dont know if its a good idea or bad but i dont have any other choice.

Can anyone suggest anything please?

Thanks

[Nhr]

Dear All,

My Simple Caution time will be over after 24 February 2017. I am going to apply for Indefinite.
I am wondering if i can apply one month before my caution time or i have to apply after 24 February.
My visa type is ECAA Ankara agreement and I have to apply by post.
Home office usually sends our results between 3 to 6 months so i was thinking maybe i can save at least one month if its possible.

Any idea?

Thank you so much.

Nhr