Set(LR) Indefinite Leave to Remain w/ Police Caution

[dortega]

I realize there are

My family and I are able to apply for Indefinite Leave to Remain this month, and are doing so. Continuous presence, always applied for leave well in advance of it's running out. Apparently, my youngest son received a caution for cannabis in September of 2015 right before he went off to university. I have read 1.) that cautions and warnings are like convictions and that his receiving one is grounds for the Home Office to refuse his application. I have also read (internet) 2.) that 24 months is the magic number after which something like a simple caution is no longer grounds for refusal. However, I cannot find where either of these is spelled out in any Home Office guidance.

Could anyone point me in the right direction, or does anyone know what the rules precisely are regarding cautions/warnings and applications for ILR?

Thanks in advance

[CR001]

Do each of you in the family have 10 years residence?

[dortega]

We all have 10 years, or will in 18 day. The rest of us are no problem. What is of specific concern is my youngest son's caution 23 months ago. His leave to remain is not up until April 2018. I want to know, if there any written guidance on people receiving cautions/warnings relating to applying for ILR?

Sorry, I'm doing this on my phone, so it's a little wonky.

[zimba]

They are defined under Immigration Rules part 9: grounds for refusal. For ILR the conditions are defined under paragraph 322 (1C).
You can also find the modernised guide here: https://www.gov.uk/government/publicati ... -to-remain

Obviously a caution is an out of court disposal and the paragraph 322 (1C)(iv) says:

(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.

[dortega]

That is what I understood and why I held off on his applications; it happened 23 months ago. I've got a request in for his police record and about 8 months until his current Leave to Remain are up, so I'm holding off until I have all the facts. Thanks for your quick response, I tried responding yesterday but the IP for my phone using O2 data was blocked by the board