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non custodial...police caution

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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aamir421
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Posts: 23
Joined: Mon Apr 28, 2008 2:12 am

non custodial...police caution

Post by aamir421 » Mon Feb 11, 2013 6:45 pm

I am eligible to apply for ILR in June 2013 but i just read the new criminality threshold changes on ukba website. i think it is for citizenship but my question is weather it will affect me or not.

i received a caution in February 2011. Police told me its not criminal but im concerned it might be criminal for immigration purpose.
I was charged with malicious communications offence and was given caution. what i read on Home office website is as follows:

Cautions
3.5.5 As a caution forms part of a person‟s criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account. Where the application was made on or after 13 December 2012 a caution comes within the „non custodial offence‟ threshold. As such, where someone has a caution within 3 years of their application, it should be refused.

now this rule is for citizenship but when i read home office news updates it says new rules for ILR.

Will i get my application refused if i apply for ILR??please helppp

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Mon Feb 11, 2013 7:40 pm

Disclose it as you would have passed 24month period anyway by the time you will apply for your ILR. You will be fine

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