does simple police caution will effect ILR under new rules

[sherjan]

Hi All

I am bit worried about New rules. Can anyone explain please ?

does simple police caution will effect ILR under new rules

sushdmehta any comments please?

Kind Regards
Sherjan

[sh1981]

Hi All

I am bit worried about New rules. Can anyone explain please ?

does simple police caution will effect ILR under new rules

sushdmehta any comments please?

Kind Regards
Sherjan

yes it will

[sherjan]

Hi All

I am bit worried about New rules. Can anyone explain please ?

does simple police caution will effect ILR under new rules

sushdmehta any comments please?

Kind Regards
Sherjan

yes it will

Thanks, I think you are right. I found this paragaraph

Applicants who have not been convicted
You can refuse an applicant under paragraph 320(19) even though they have not been convicted of an offence. There may be cases when the police have given a caution or decided to drop charges to remove the person from the UK. A caution will suggest that the criminal behaviour was not serious enough or that the police did not think it was in the public interest to prosecute. You must consider the circumstances of the case and the severity of the offence before you decide whether to refuse under paragraph 320(19).
When you decide to refuse an applicant under paragraph 320(19), you must not refer to the details of the caution, reprimand, final warning or arrest in the refusal notice. You must also make sure that your refusal notice covers the consideration you have given to the proportionality and impact of human rights considerations.
An applicant may request further information about why you have refused their application. You may tell them any information which is on the court certificate for entry clearance purposes. This information can be given either in writing or verbally.
For more information on refusing entry clearance and refusal wording, see related links:
 Refusing entry clearance - general guidance
 Refusal wording.

[innocentdevil]

thats a bit harsh isn't it

[sherjan]

thats a bit harsh isn't it

[sherjan]

thats a bit harsh isn't it

check this

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

[innocentdevil]

feel for people who are to go through this yet

[sherjan]

Hi All

I am bit worried about New rules. Can anyone explain please ?

does simple police caution will effect ILR under new rules

sushdmehta any comments please?

Kind Regards
Sherjan

I have also found this Which is quite interesting and positive. According to this and the Question asked on SET(O) means if someone has simple caution then he/she does not need to declare it.

http://www.mulrooneycraghill.com/i-have ... this-mean/


SET(O) ask for conviction and police caution is not a conviction. ALLAH knows better.

Sherjan

[sherjan]

Hi All

I am bit worried about New rules. Can anyone explain please ?

does simple police caution will effect ILR under new rules

sushdmehta any comments please?

Kind Regards
Sherjan

This is bit old but interesting
http://www.immigrationboards.com/viewto ... ce+caution

[sherjan]

Hi All

does simple police caution will effect ILR under new rules

Kind Regards
Sherjan

Hi All

After days of searching and exploring the effects of Simple Police Caution for ILR, I came up with these conclusions


If an applicant was:
1. convicted of, or admitted an offence for which they received a non-custodial sentence, or
2. other out of court disposal recorded on their criminal record within the preceding:
i) 12 months for entry clearance or leave to enter (For Teir-1 Extension)
ii) 24 months leave to remain (for ILR)
Reference Link Below (Page 15, 49)

Simple caution comes under non-custodial sentence. However this is all up to case worker (Discretion)

There are two forms of Police cautions administered in the UK.

 A simple caution, or
 A conditional caution, which has specific conditions attached the offender must satisfy.

Reprimands and final warnings are similar to cautions but are issued in the UK to those aged 17 or under.
A police caution forms part of a person's criminal record and therefore if a person has a caution within the relevant timeframe, you must:

 refuse the application (where mandatory), or
 consider refusing the application (where discretionary).
(Reference Link Below: Page 55)


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ALLAH knows better

Sherjan

[alanwong]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.


I found the following, which seems to suggest my application will be refused.

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

(1B) the applicant is, at the date of application, the subject of a deportation order or a decision to make a deportation order;
(1C) where the person is seeking indefinite leave to enter or remain:

(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

[sherjan]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.

[/b]

Well, this is the extreme case where people will be deported e.g. if they have sentenced to imprisonment for a high profile crime.

As you stated that you are eligible to apply for ILR in Jun-2013 you can probably* apply for extension of your current visa.

As rules say it is up to case worker but no one knows what these case workers verbally told to use their power of Discretion.

Don't worry, keep faith.

Sherjan

[alanwong]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.

[/b]

Well, this is the extreme case where people will be deported e.g. if they have sentenced to imprisonment for a high profile crime.

As you stated that you are eligible to apply for ILR in Jun-2013 you can probably* apply for extension of your current visa.

As rules say it is up to case worker but no one knows what these case workers verbally told to use their power of Discretion.

Don't worry, keep faith.

Sherjan

Thanks for your comfort. I will of course try applying for ILR. But I need to look for jobs at my home country, once I am refused then I have somewhere to work.

[sherjan]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.

[/b]

Thanks for your comfort. I will of course try applying for ILR. But I need to look for jobs at my home country, once I am refused then I have somewhere to work.

I have the same problem and I have same thinking. I am diong good job here but it was unfortunate I got caution over domestic problems.

I would apply visa very soon and I try everything which I could. If I could not get visa then I will go back to my country for good and with no regret.

But I must say do not leave hope before the outcome because hoplessness is a sin.

[alanwong]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.

[/b]

Thanks for your comfort. I will of course try applying for ILR. But I need to look for jobs at my home country, once I am refused then I have somewhere to work.

I have the same problem and I have same thinking. I am diong good job here but it was unfortunate I got caution over domestic problems.

I would apply visa very soon and I try everything which I could. If I could not get visa then I will go back to my country for good and with no regret.

But I must say do not leave hope before the outcome because hoplessness is a sin.

Thanks for your reply, Sir. I got the caution for the same reason: domestic violence. In fact I was misled to have the caution. I had a quarrel with my wife and I had been trying to avoid confrontation with her. However she was blocking the door and did not let me out. I snapped her arm. She actually did not call the police, but a helpline for help to get a apology from me. The people on the other end asked for address and name, I told everything. Then the police came. My wife asked the police to let me apologize, but the police misled her to have me arrested for investigation.
I accepted the caution thinking that it would not affect me too much.

Please let me know your results after you get your results.
Good luck!

[alanwong]

I got a police caution last May, I am eligible for ILR next June in terms of years. I am very worried about the new rules.

[/b]

Thanks for your comfort. I will of course try applying for ILR. But I need to look for jobs at my home country, once I am refused then I have somewhere to work.

I have the same problem and I have same thinking. I am diong good job here but it was unfortunate I got caution over domestic problems.

I would apply visa very soon and I try everything which I could. If I could not get visa then I will go back to my country for good and with no regret.

But I must say do not leave hope before the outcome because hoplessness is a sin.

Hi , sherjan
Are you going to apply for ILR or other category?

[sherjan]

Thanks for your comfort. I will of course try applying for ILR. But I need to look for jobs at my home country, once I am refused then I have somewhere to work.

Iquote]

I accepted the caution thinking that it would not affect me too much.

Please let me know your results after you get your results.
Good luck!

I was also Misled by police provided lawyer.

There is message for everyone, please do not accept caution if you are innocent, go to court and prove you are innocent.

Do not worry at all. I will apply with a cover letter for that caution explaining the situation etc. I will let you know very very soon.

[sherjan]

Hi , sherjan
Are you going to apply for ILR or other category?

I am going to apply ILR.

[alanwong]

Iquote]

I accepted the caution thinking that it would not affect me too much.

Please let me know your results after you get your results.
Good luck!

I was also Misled by police provided lawyer.

There is message for everyone, please do not accept caution if you are innocent, go to court and prove you are innocent.

Do not worry at all. I will apply with a cover letter for that caution explaining the situation etc. I will let you know very very soon.

Good luck, Sherjan. I wish you all the best and am waiting for your good news.

[sherjan]

Good luck, Sherjan. I wish you all the best and am waiting for your good news.

Thank you very much.

Must remember: do not worry at all 'cause worries block your thinking process. cheer up.

What was happened it happened you cannot do much about it but what you can do now think the possibilties.

Thanks
Sherjan

[alanwong]

Hi, Sherjan

I found the following specific notes about cautions
------------------------------------------------
This page tells you how to consider an application when an applicant has or has had a
caution, warning and/or reprimand.
There are two forms of Police cautions administered in the UK.
 A simple caution, or
 A conditional caution, which has specific conditions attached the offender must satisfy.
Reprimands and final warnings are similar to cautions but are issued in the UK to those
aged 17 or under.
A police caution forms part of a person's criminal record and therefore if a person has a
caution within the relevant timeframe, you must:
 refuse the application (where mandatory), or
 consider refusing the application (where discretionary).
I am wondering how the two lines of statements in bold font should be interpreted. Under what condition is the refusal mandatory or discretionary?

[sherjan]

Hi, Sherjan

I found the following specific notes about cautions
------------------------------------------------
This page tells you how to consider an application when an applicant has or has had a
caution, warning and/or reprimand.
There are two forms of Police cautions administered in the UK.
 A simple caution, or
 A conditional caution, which has specific conditions attached the offender must satisfy.
Reprimands and final warnings are similar to cautions but are issued in the UK to those
aged 17 or under.
A police caution forms part of a person's criminal record and therefore if a person has a
caution within the relevant timeframe, you must:
 refuse the application (where mandatory), or
 consider refusing the application (where discretionary).
I am wondering how the two lines of statements in bold font should be interpreted. Under what condition is the refusal mandatory or discretionary?

well, no one knows how they will interpret. But I think you should be fine. You got caution last May (5/2011) and your ILR will be due (6/2013). So basically you will be fine because you'll be out of time frame which is 24months for ILR.

ALLAH knows better

[alanwong]

well, no one knows how they will interpret. But I think you should be fine. You got caution last May (5/2011) and your ILR will be due (6/2013). So basically you will be fine because you'll be out of time frame which is 24months for ILR.

ALLAH knows better

Hi, Sherjan
I got the caution 5/2012, not 5/2011, which is troublesome.
Have you got my pm?

[sherjan]

Hi, Sherjan
I got the caution 5/2012, not 5/2011, which is troublesome.
Have you got my pm?

Hmmm...in that case, there could be a problem. But as I say this would be all up to case worker how she/he interpret. Prepare yourself in both situations. If GOD forbid you wouldn't be able to get ILR then prepare yourself for Tier-1 Extension. YOu must have 3months bank statement as a maintenace of funds and other requirement for extension. YOu would be eligible for extension because you will be out of 12months time frame for extension. Hope it will help

what is pm?

[alanwong]

Hmmm...in that case, there could be a problem. But as I say this would be all up to case worker how she/he interpret. Prepare yourself in both situations. If GOD forbid you wouldn't be able to get ILR then prepare yourself for Tier-1 Extension. YOu must have 3months bank statement as a maintenace of funds and other requirement for extension. YOu would be eligible for extension because you will be out of 12months time frame for extension. Hope it will help

what is pm?

I am on a 5-year work permit. I doubt I can apply for Tier 1 extension.
I also think that the criminality threshold applies to any kind of leave to remain, does not it?
What do you think?