Seeking Advice on ILR Eligibility Amidst Marital Issues

[slythrin77]

Hello everyone,

I'm eligible to apply for ILR in December 2023. However, I received a police simple caution in June 2023. As I've been browsing this forum and the wider internet, I've come across varying advice regarding my situation. Some say the application will be rejected if the caution is less than 3 years old, while others suggest that if it's a single, non-serious caution, it should suffice to just declare and explain it.

This discrepancy in advice is causing me a great deal of confusion. To provide some background: the caution arose from a disagreement with my partner. The police took me in, and I was given a simple caution, which I accepted without realizing the potential future ramifications.

Today, I came across an official document from the Home Office, which can be found https://assets.publishing.service.gov.u ... nality.pdf.

On page 21, it states:
"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, these must not be taken into account in assessing their criminal history. Only unspent cautions can be considered for this purpose."

Given this information, should I declare my caution? What might be the potential consequences, especially considering the high cost (around £3000) if my ILR is rejected? Would it be better to not declare it, relying on the stipulation mentioned above to avoid being accused of deception? Or, as a safer alternative, should I apply for another 2.5-year family visa and declare my caution?

Any advice would be greatly appreciated.

[zimba]

There is no issue at all. A simple caution is spent immediately when you receive it. Only conditional cautions will need time to be considered spent. As you noted, the guide tells you a simple caution will not be even considered for the purpose of criminality:

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.

Even in the case of unspent conditional cautions, the refusal will be discretionary

[slythrin77]

I am in need of some insights and advice regarding my current situation. I arrived in the UK on a spouse visa on 15th December 2018 and am currently on my second extension, which is valid until March 2024. This means I have been in the UK for nearly five years, making me potentially eligible for Indefinite Leave to Remain (ILR).

However, my marital situation is complicated. My partner and I are experiencing significant issues, and it seems we are heading towards a divorce. We have not been communicating, and we have a one-year-old child together. I am aware that I can apply for a visa as the parent of a British child, but I am hesitant about this route due to the financial burden of the International Health Surcharge (IHS) and visa fees for another five years.

Given my circumstances, I am seeking advice on whether I can still apply for ILR despite the marital discord. Are there any potential issues or obstacles I should be aware of in this process? What would be the best course of action in my situation?

Any guidance or experiences shared would be greatly appreciated.

Thank you in advance.

[Casa]

I am in need of some insights and advice regarding my current situation. I arrived in the UK on a spouse visa on 15th December 2018 and am currently on my second extension, which is valid until March 2024. This means I have been in the UK for nearly five years, making me potentially eligible for Indefinite Leave to Remain (ILR).

However, my marital situation is complicated. My partner and I are experiencing significant issues, and it seems we are heading towards a divorce. We have not been communicating, and we have a one-year-old child together. I am aware that I can apply for a visa as the parent of a British child, but I am hesitant about this route due to the financial burden of the International Health Surcharge (IHS) and visa fees for another five years.

Given my circumstances, I am seeking advice on whether I can still apply for ILR despite the marital discord. Are there any potential issues or obstacles I should be aware of in this process? What would be the best course of action in my situation?

Any guidance or experiences shared would be greatly appreciated.

Thank you in advance.

In order to qualify for ILR under the spouse settlement route. your husband will have to support your application. Without this, your application would be refused.

[Ticktack]

Husband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.

So if you have those, you really don't need him as you're technically married, just having issues like everyone else.

[bookerw100]

Husband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.

So if you have those, you really don't need him as you're technically married, just having issues like everyone else.

spouse does need to sign the declaration though.

[Ticktack]

Husband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.

So if you have those, you really don't need him as you're technically married, just having issues like everyone else.

spouse does need to sign the declaration though.

There's no declaration form generated for ILR SET (M)!

[Ticktack]

I believe the concept is that you've finished your probation period. You no longer need your spouse's permission to settle in the UK.

Do your time, get the reward.

[bookerw100]

Husband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.

So if you have those, you really don't need him as you're technically married, just having issues like everyone else.

spouse does need to sign the declaration though.

There's no declaration form generated for ILR SET (M)!

https://visas-immigration.service.gov.u ... ration.pdf

This is the one, applicant's spouse needs to sign as part of SET(M)

[Ticktack]

Husband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.

So if you have those, you really don't need him as you're technically married, just having issues like everyone else.

spouse does need to sign the declaration though.

There's no declaration form generated for ILR SET (M)!

https://visas-immigration.service.gov.u ... ration.pdf

This is the one, applicant's spouse needs to sign as part of SET(M)

You're correct, that one gets generated. So technically unavoidable.