Hello
I am applying for ILR using same-day service in Jan 2017 after 5 years of working on Tier 2 General. In 2012, I had been given a simple caution due to domestic conflict.
Tier 2 extension: In 2014 when I applied for a Tier 2 extension, I declared this caution in my application's covering letter explaining the circumstances, but did not mention the caution within the Tier 2 application form itself as it only asked for any convictions at the time.
Now in the ILR application, I am declaring it within the SET(O) form as it asks specifically about any cautions/warnings received.
Although in 2014, they had retained my cover letter at the time of my Tier 2 application, I am worried that the Home Office might not have access to my cover letter or any paper records currently and might have not added it on their system as nothing was mentioned in the previous application, but all the information was in a covering letter that went in with the form.
(1) Is it best to attach the previous cover letter along with the ILR application to show I had declared the caution previously but they might not find it on the application form itself (as it asked for convictions only),
and give an explanation in the current cover letter? (I will be mentioning the caution within the ILR form.)
OR
(2) Is it best to do a subject access request for the records (it might take a few weeks/months) so that I know what they have recorded on my previous (Tier 2 extention) application. This way, I can shape my current covering letter appropriately? No guarantee here, as the records may come back with nothing on them, and I would have lost the time.
OR
(3) Don't mention anything regarding the previous tier 2 application, as I will have already declared the caution in the current ILR application.
Please help as my appointment is fast approaching in the next few days. Appreciate your response and guidance, and hope it is useful for others on the forum.
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