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Evidence of immigration status of ILR Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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lemonsing
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China

Quries related to the Caution section of the form

Post by lemonsing » Thu Aug 10, 2023 10:08 am

Hello everyone,

I am applying for the ILR through the five years skilled worker route. A section related to the crime records asks whether you have any warnings, cautions, etc.

1. The problem was when I returned to the UK in July(Last month) from a vacation. I was found at the UK border that there was meat and eggs in my suitcase. The meat and eggs were confiscated. And they gave me a notice which recorded my passport number, and I signed it. I didn't get any fines as it was the first time.

I'm a bit confused about whether the notice from UK Border is a formal warning. Should I declare it in my application form?

2. Another thing was two years ago. I got a mail saying I was caught for exceeding speeding. It asked me to attend a class, and I did. Should I declare it in the form?

Thank you very much.

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Ticktack
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Re: Quries related to the Caution section of the form

Post by Ticktack » Thu Aug 10, 2023 10:21 am

lemonsing wrote:
Thu Aug 10, 2023 10:08 am
Hello everyone,

I am applying for the ILR through the five years skilled worker route. A section related to the crime records asks whether you have any warnings, cautionsKeywords, etc.

1. The problem was when I returned to the UK in July(Last month) from a vacation. I was found at the UK border that there was meat and eggs in my suitcase. The meat and eggs were confiscated. And they gave me a notice which recorded my passport number, and I signed it. I didn't get any fines as it was the first time.

I'm a bit confused about whether the notice from UK Border is a formal warning. Should I declare it in my application form?

2. Another thing was two years ago. I got a mail saying I was caught for exceeding speeding. It asked me to attend a class, and I did. Should I declare it in the form?

Thank you very much.
Declare them, they should have no effect on your application. Better safe than sorry.
No sin in failing, you just have to try and try again!

lemonsing
Newly Registered
Posts: 15
Joined: Mon Apr 23, 2018 11:34 am
China

Re: Quries related to the Caution section of the form

Post by lemonsing » Thu Aug 10, 2023 10:37 am

Thanks for your suggestion.

But from the “Grands for refusal - Criminality,” it's clear that simple cautions don't need to be declared.

Simple cautions are not covered by the exemption in Section 4 of the Rehabilitation of Offenders Act 1974. This means that simple cautions do not need to be declared and failure to do so is not in itself a basis for refusal. Even if an applicant does choose to declare spent cautions, you must not take these into account in your assessment of their criminal history. You can only consider unspent cautions for that purpose.

Do the "notice from the border", and "attend an exceeding speeding class" a simple caution?

Thanks.

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zimba
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Re: Quries related to the Caution section of the form

Post by zimba » Thu Aug 10, 2023 1:31 pm

No. None of the things you mentioned needs to be declared. You were not cautioned in any of those cases.

Those are not what a 'caution' is. You are often cautioned by the police for admitting a minor offence and when the police force chose not to send you to court to be prosecuted. If you were not formally given a caution by the police, then you were not 'cautioned'. It is very specific.

See: https://www.libertyhumanrights.org.uk/a ... e-caution/
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lemonsing
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Joined: Mon Apr 23, 2018 11:34 am
China

Re: Quries related to the Caution section of the form

Post by lemonsing » Thu Aug 10, 2023 4:06 pm

Thanks a lot for your suggestion and the explanation of "Caution"

lemonsing
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Joined: Mon Apr 23, 2018 11:34 am
China

Evidence of immigration status of ILR Application

Post by lemonsing » Mon Oct 23, 2023 1:49 pm

Hello,

I'm uploading the required supporting documents for my set(o) application. it asked for the following documents:
  • Evidence of my immigration status in the UK
    Current Biometric Residence Permit for myself
I am not sure about what evidence of immigration status is. as my original visa was 3 years in length, and then I renewed it for another 2 years. So I don't have a valid visa that shows my immigration status. but I got a new BRP that is valid till next month.

Could you please let me know if I can use my BRP as evidence of immigration status? or if I need to obtain another document?

Thanks,
Mei

meself2
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Re: Evidence of immigration status of ILR Application

Post by meself2 » Mon Oct 23, 2023 1:51 pm

Your BRP is your evidence.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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