Formal Caution affect on ILR and Naturalisation

[londonlad]

Hi All,

I can’t seem to find a comprehensive response on this particular query. I am married to a British citizen. Both of us got cautioned for handling stolen goods due to a friend who committed fraud and passed us the goods at discounted rate. We weren’t aware of it initially due to trust on our friend, and only found out after the police contacted us.
I will be applying for my ILR and naturalisation straight after that, providing that the rules don’t change, what are my chances for any of them? I have a good character otherwise. Both of us are also financially sound. The caution was issued about a 1.5 year ago.
I have been though the good character requirement but can’t seem to figure out what exactly is the affect of it.
Also, I am planning not to mention it on my form as I don’t want my referees to know about it as they know my other family members as well.

Many thanks in advance for any help you may provide,

[Backer]

When you say you were "cautioned" was that a formal caution by the police? Did you sign anything?

Reason I'm asking is that a caution is a form of admission of guilt and may go on your crimininal record. In that case, you will have to disclose it.

If you are not sure you can apply to the police for a disclosure form and see if it is on your record. Below is the link to the Met police but you can obtain it from other police forces depending where you live

http://www.met.police.uk/information/request_forms.htm

[londonlad]

Thank you for your kind response. I do believe it was a formal caution. Under the new laws, simple formal caution becomes spent immediately and therefore doesn’t need to be disclosed under Rehabilitation of Offenders Act 1974.

http://www.cjsonline.gov.uk/offender/cr ... offenders/

So, I don’t have to disclose them where it asks if I have had any conviction but not sure about the good character requirement.

[Backer]

The advice some people in the forum give about this (and also the HO if you call them) is to disclose any type of conviction as "hiding" might imply you are dishonest and of a bad character on these grounds. On the other hand, disclosing things which are not really relevant can create unnecessary problems.

My personal feeling is that if this is indeed recorded on your police disclosure (which you can check) then there is a risk the HO will see it as well and might question your integrity for not declaring it (although the guidance forms say otherwise). Since your caution is indeed spent there are no formal grounds to refuse you citizenhip if you're on the safe side declare it

[motor]

It could be nice to see any email responses on this from UKBA, anyone has any?
I know, that simple caution does not have to be disclosed for ILR application and it is not a conviction. Yes, it does go on PNC but it is not a part of criminal record as it is not a conviction.
I agree with Baker that disclosing something that is not supposed to be could really make things worst as this could contribute to delay in application and unnecessary checks.

We really need an official opinion here.

[R1]

The answer to this question is simple:

POLICE CAUTIONS DO NOT HAVE TO BE DISCLOSED FOR ILR NOR NATURALISATION.

I can guarantee this as one of my best friend is a solicitor and this has already come up on several other forums where immigration solicitors have themselves made it clear that you do not have to disclose a police caution.

So if you do have a police caution, either formal or informal you DO NOT have to disclose it and it will not affect your application whatsoever.

Thanks

[tom_hungston]

Hi mate,

If I was you I would request what is on the police record as someone said you can request the information from the police and see if its on the file. if its not on the file then bingo.

if its on the file then you need to get conformation from somewhere whether you need to disclose it or not.

hope this helps.

Kind Regards

Hi All,

I can’t seem to find a comprehensive response on this particular query. I am married to a British citizen. Both of us got cautioned for handling stolen goods due to a friend who committed fraud and passed us the goods at discounted rate. We weren’t aware of it initially due to trust on our friend, and only found out after the police contacted us.
I will be applying for my ILR and naturalisation straight after that, providing that the rules don’t change, what are my chances for any of them? I have a good character otherwise. Both of us are also financially sound. The caution was issued about a 1.5 year ago.
I have been though the good character requirement but can’t seem to figure out what exactly is the affect of it.
Also, I am planning not to mention it on my form as I don’t want my referees to know about it as they know my other family members as well.

Many thanks in advance for any help you may provide,

[yyt0810]

The answer to this question is simple:

POLICE CAUTIONS DO NOT HAVE TO BE DISCLOSED FOR ILR NOR NATURALISATION.

I can guarantee this as one of my best friend is a solicitor and this has already come up on several other forums where immigration solicitors have themselves made it clear that you do not have to disclose a police caution.

So if you do have a police caution, either formal or informal you DO NOT have to disclose it and it will not affect your application whatsoever.

Thanks

Will a simple caution affect the TIER 4?? my friend is a Japanese and got a simple caution for shoplifting. but he need to stay in UK for one more year to finish the degree. he is now confused whether he should disclose it on apllication or not. you mentioned that your friend is a officer, so can you give me any advice?