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Tier 1 (Gen) Ext, ILR & Naturalization & Simple Caut

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MZAIN
Newly Registered
Posts: 3
Joined: Sun Dec 02, 2012 10:35 pm
Location: london

Tier 1 (Gen) Ext, ILR & Naturalization & Simple Caut

Post by MZAIN » Mon Dec 03, 2012 10:34 pm

Can any body advise me regarding Tier 1 (Gen) Extension , ILR and Naturalization as British Citizen.

Recently , I got simple caution from Police. basically, I had some arguments/fight with my wife she reported to Police and police arrested arrested me, interviewed and finally I have been given a simple caution based on an offence of assault by beating.

I can understand its not conviction, sentence by court but just a simple caution given by decided police.

Can any body advise me how this will effect my Tier 1 Extension as well as ILR and Naturalization?

Please also advise do I need to disclose this simple caution in my applications? As far as my understanding there is no question about cautions in any of above applications.

As my extension in almost due in two months time. I will really appreciate if someone could give me advise on this as I am really worried and having sleepless nights due to this issue.

Kind regards,

Zain

MZAIN
Newly Registered
Posts: 3
Joined: Sun Dec 02, 2012 10:35 pm
Location: london

Post by MZAIN » Sun Dec 09, 2012 8:06 pm

Can any body give me advise on this please? Really Im spending sleepless nights now a days. :(

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Thu Dec 20, 2012 9:59 pm

MZAIN wrote:Can any body give me advise on this please? Really Im spending sleepless nights now a days. :(
check this

http://www.immigrationboards.com/viewtopic.php?t=121088

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Fri Dec 21, 2012 11:49 am

MZAIN wrote:Can any body give me advise on this please? Really Im spending sleepless nights now a days. :(
I found this

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

Page 20

320(19) = Exclusion conducive to the public good – Immigration Officer’s discretion


they are of a sufficiently compelling nature for me to exercise the powers of discretion granted to me by paragraph 320(18) of the Immigration Rules.
320(19)
Exclusion conducive to the public good – Immigration Officer’s discretion

[ You must not make reference to the details of the caution, reprimand, final warning or arrest in the refusal notice]

Records held in the United Kingdom indicate that you have been arrested/cautioned in connection with an/x offence(s) and that those cautions remain on police records. I am therefore satisfied that your exclusion to the United Kingdom is conducive to the public good.
[320(19) may extend beyond criminality, in which case the refusal notice must make reference to the reason why the applicant is being refused].
I have considered the circumstances of you application [the refusal notice must reflect that consideration has been given to the proportionality of the decision and impact of human rights and compassionate considerations]. However, on balance I am not satisfied that they are of a sufficiently compelling nature to override my belief that your exclusion to the United Kingdom is conducive to the public good for me to exercise the powers of discretion granted to me by paragraph 320(19) of the Immigration Rules. or but in the light of your character/conduct/associations I consider it undesirable to issue you an entry clearance and I am not prepared to exercise discretion in your favour.

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Fri Dec 21, 2012 11:57 am

MZAIN wrote:Can any body give me advise on this please? Really Im spending sleepless nights now a days. :(
I am on the same boat mate :-) I am applying before you so I will let you know very soon. :-)

Dont worry, every thing happen on purpose.

sherjan

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Fri Dec 21, 2012 11:32 pm

sherjan wrote:
MZAIN wrote:Can any body give me advise on this please? Really Im spending sleepless nights now a days. :(
I am on the same boat mate :-) I am applying before you so I will let you know very soon. :-)

Dont worry, every thing happen on purpose.

sherjan
This is interesting but bit old

http://www.immigrationboards.com/viewto ... ce+caution

alanwong
Member
Posts: 248
Joined: Thu Dec 27, 2012 1:41 pm

Re: Tier 1 (Gen) Ext, ILR & Naturalization & Simple

Post by alanwong » Fri Dec 28, 2012 7:08 pm

MZAIN wrote:Can any body advise me regarding Tier 1 (Gen) Extension , ILR and Naturalization as British Citizen.

Recently , I got simple caution from Police. basically, I had some arguments/fight with my wife she reported to Police and police arrested arrested me, interviewed and finally I have been given a simple caution based on an offence of assault by beating.

I can understand its not conviction, sentence by court but just a simple caution given by decided police.

Can any body advise me how this will effect my Tier 1 Extension as well as ILR and Naturalization?

Please also advise do I need to disclose this simple caution in my applications? As far as my understanding there is no question about cautions in any of above applications.

As my extension in almost due in two months time. I will really appreciate if someone could give me advise on this as I am really worried and having sleepless nights due to this issue.

Kind regards,

Zain
Hi Zain
First, I am sorry to know that you are under stress due to the changes to the immigration rules. I can feel your pain. Anway I am on the same boat with you.
I think a simple caution failing a visa is a bit too harsh. The caution itself has served its purpose and this extra punishment is a bit disproportional.

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