ILR if have a community resolution

[nakano may]

Hello,

A friend of mine is applying for an ILR early next year (2022). However, he was unfortunately caught with the possession of cannabis this June and was given a community resolution order. He was very cooperative with the cops and nothing bad happened aside from the incident.

I am wondering if the CRO has to be declared when applying for the ILR, and could it cause him to be denied? Furthermore, he is Turkish and believes that possible discrimination may negatively impact his application.

[zimba]

Assuming he is not a repeat offender then there should be no effect

Community resolutions
A community resolution is used for less serious offences or anti-social behaviour. It
is a tool which enables the police to make decisions about how to deal more
proportionately with lower level crime and is primarily aimed at first time offenders
where genuine remorse has been expressed and where the victim has agreed that
they do not want the police to take more formal action.

A community resolution is not a conviction, but may be relevant to consideration of
whether the person is a persistent offender or should be refused leave or have their
leave cancelled on non-conducive grounds.

https://assets.publishing.service.gov.u ... idance.pdf

[nakano may]

Hello,

Thank you for the reply. Does it still have to be declared when applying for the ILR though? My friend is afraid that not declaring could be considered as dishonest. However declaring it could entail issues with my friend's family, so she'd rather not have them know.

[zimba]

Hello,

Thank you for the reply. Does it still have to be declared when applying for the ILR though? My friend is afraid that not declaring could be considered as dishonest. However declaring it could entail issues with my friend's family, so she'd rather not have them know.

It is advised that she declares this. Her family should not be involved in her application assuming she is an adult.

[nakano may]

"A community resolution is not a conviction, but may be relevant to consideration of
whether the person is a persistent offender or should be refused leave or have their
leave cancelled on non-conducive grounds"

Would this mean that even though he isn't a repeat offender, he could still be rejected from obtaining the ILR?

[zimba]

"A community resolution is not a conviction, but may be relevant to consideration of
whether the person is a persistent offender or should be refused leave or have their
leave cancelled on non-conducive grounds"

Would this mean that even though he isn't a repeat offender, he could still be rejected from obtaining the ILR?

No. It means it has to be considered in the overall picture. Just having one is not an issue

[Solo4Life]

Since it has happened so recently I would say he should better wait 2 years after the community resolution before applying. I wouldn’t risk it otherwise.

[zimba]

Since it has happened so recently I would say he should better wait 2 years after the community resolution before applying. I wouldn’t risk it otherwise.

I disagree. There is no risk as far as I see