Previous Unsuccessful application not disclosed caution

[maworona]

Hello all.

I have my ILR in march 2011. I applied for naturalisation December 2014, received my document back with application refusal June 2015. reason for refusal police caution that I did not mentioned on my application.

To throw a light on the caution, went out in march 2013 on my way back got in to argument with the security's officers no fighting; police was called and I was taken to charring cross police station and was release in the morning about 10am.

the officer asked me to sign and he will let me go as their was no harm done, due to me rushing and my first encounter with the police I sign and I was released and I run home.

I honestly did not recall of this caution and did not state it on my application hence my application was refused.

I was given the reconsideration which I did through a solicitor at a cost of £450 and end up with the same result refusal; due to the previous caseworker decision was in accordance with the rules.

Also on my refusal letter I was advised that any application I made for naturalisation in the next 10 years this will be taken to account and might lead to a refusal.

solicitor advised me to push for a judicial review, unfortunately my solicitor wasn't competent enough missing the time frame and hence I drop the judicial review to not incurred further cost if my review failed

that caution is the only encounter I have with the police and nothing after that (thank God not even an arrest or stop by the police)

I have being advised that having one caution after two years one can apply through a solicitor to get the caution taken off one criminal record. however this seems expensive though am thinking to get that done as I wasn't fully aware of the caution (not advised clearly what I was signing for)

I have call home office few time explaining the situation. I have being advised by some that I can make a fresh application and explain the situation and depending on the caseworker I might be successful while some are saying I have to wait for the 10 years to go past.

please give your advised as am looking to possibly make a fresh application.

[maworona]

Hello all.

I have my ILR in march 2011. I applied for naturalisation December 2014, received my document back with application refusal June 2015. reason for refusal police caution that I did not mentioned on my application.

To throw a light on the caution, went out in march 2013 on my way back got in to argument with the security's officers no fighting; police was called and I was taken to charring cross police station and was release in the morning about 10am.

the officer asked me to sign and he will let me go as their was no harm done, due to me rushing and my first encounter with the police I sign and I was released and I run home.

I honestly did not recall of this caution and did not state it on my application hence my application was refused.

I was given the reconsideration which I did through a solicitor at a cost of £450 and end up with the same result refusal; due to the previous caseworker decision was in accordance with the rules.

Also on my refusal letter I was advised that any application I made for naturalisation in the next 10 years this will be taken to account and might lead to a refusal.

solicitor advised me to push for a judicial review, unfortunately my solicitor wasn't competent enough missing the time frame and hence I drop the judicial review to not incurred further cost if my review failed

that caution is the only encounter I have with the police and nothing after that (thank God not even an arrest or stop by the police)

I have being advised that having one caution after two years one can apply through a solicitor to get the caution taken off one criminal record. however this seems expensive though am thinking to get that done as I wasn't fully aware of the caution (not advised clearly what I was signing for)

I have call home office few time explaining the situation. I have being advised by some that I can make a fresh application and explain the situation and depending on the caseworker I might be successful while some are saying I have to wait for the 10 years to go past.

please give your advised as am looking to possibly make a fresh application.

[Josh29]

You can't hide facts when applying for visa or naturalisation, specially when arrested by Police. When the Police let you go in the morning, surely they might have told you about the caution.

Better to wait for 10 years and reapply.

[maworona]

I have spoken to HO helpline and I have being advised ; as the caution was my only and nothing have happen prior to that and after the event.

I can apply fresh again and explain the circumstance

The caution was in March 2013 4 years gone past and the refusal was in June 2015 so two years had gone pass as well

Pls will appreciate respond if anyone have being in such situations

[zidane]

You are alright to apply again. My friend had a caution for which he was advised to wait three years after which it wont affect his application. BUT he was advised by the Jcap Ncs to mention it. I suppose you should mention both your refusal and the caution and the years accordingly and you should be ok...

[maworona]

Thanks that give a bit of hope.

Anyone with such experience as mine above please help.

[maworona]

Thanks that give a bit of hope.

Anyone with such experience as mine above please help.

[maworona]

Hello,

just found the below from an update in july 2017. do i stand a chance to re-apply.

hard a simple caution in 2013 did not declare it on my application and was refused

no involvement with the police before that and after that.

was asked to sign and will be let off


8.3 Failure to Disclose Convictions
Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.
In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds unless the failure to disclose was unintentional and concerned a one-off non-custodial sentence or out of court disposal

[maworona]

Hello All,

should I go on exceptional grounds for my re-application. this caution was just an argument so it was noted for public disorder. costing me a fortune.

Section 10: Exceptional Grants
There may be exceptional cases where a person will be granted citizenship even where they ordinarily would fall to be refused.
Exceptions will generally fall into one of the following categories:
a. the person’s conviction is for an offence which is not recognised in the UK and
there is no comparable offence. See section 2.4 - Non-UK Convictions; or
b. the person has one single non-custodial sentence, it occurred within the first 2 years of the 3 (i.e. the person has had no offences within the last 12 months), there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate.
All proposals to grant exceptionally must be approved by the Chief Caseworker.
Any proposal to grant a person who has a sentence of 4 years or more imprisonment must be approved by Ministers before the decision is implemented

[maworona]

You can't hide facts when applying for visa or naturalisation, specially when arrested by Police. When the Police let you go in the morning, surely they might have told you about the caution.

Better to wait for 10 years and reapply.

My caution is only one simple caution for argument; I did confirm to UKBA of the caution was a mistake to not mentioned the caution.

I will be applying by June 2018

I have no contact with the police before and after my caution in 2013

[maworona]

You can't hide facts when applying for visa or naturalisation, specially when arrested by Police. When the Police let you go in the morning, surely they might have told you about the caution.

Better to wait for 10 years and reapply.

Hi everyone,

my caution was my first encounter with the police with no knowledge what it was.

I have only one simple caution for altercation. I was refused June 2015

I am thinking to place a new application again for naturalisation.

please share your experience.