Police caution for sexual assualt uk

dont123 · Post by **dont123** » Thu Dec 29, 2011 4:43 pm

I have been police cautioned for sexual assault on oct 2008, Do i need to declare in ILR application for 2012? But i did not mention police caution in spouse visa application and i got spouse visa on April 2010.

Post by **Obie** » Thu Dec 29, 2011 11:04 pm

A caution is not a conviction, and provided you were not put on the Sex offenders register, which i think is unlikely as you only received a caution, you may be alright.

dont123 · Post by **dont123** » Fri Dec 30, 2011 12:11 am

Ok, I agree a caution in not a conviction. Now we have confusion stand up with question 7.2 mentioned below.

7.1
Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?

7.2
Have you or any dependents who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?

Do i need to declare the caution as answer of question no. 7.2 ?

You can find both questions in ILR form / SET (O) form.

link 1:
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
link:2
http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/

zheni · Post by **zheni** » Fri Dec 30, 2011 12:19 pm

Caution is not the same as being charged with an offence.

Caution is verbal warning given by the police to the offender/wrongdoing party.

Being charged with an offence is where the prosecution formally charges you with the wrong that you have done. If you have been charged, you will go to court, have trial and be sentenced.

There is a difference between the two. I have seen questions on applications, generally, that may ask for criminal record including any cautions by the police. If you are asked such question then you have to declare it. Read the question carefully a few times and see what you need to disclose but do not intentionally withhold information.

zheni · Post by **zheni** » Fri Dec 30, 2011 11:22 pm

Just to answer your private message question, again being charged is completely different from being cautioned.

The question asks you to disclose if you have been charged with an offence, not if you have been charged or cautioned.

So I do not think you need to disclose it.

dont123 · Post by **dont123** » Thu May 17, 2012 9:04 pm

dont123 · Post by **dont123** » Fri May 18, 2012 9:18 pm

I disclosed the caution. ILR was granted.

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Police caution for sexual assualt uk

Police caution for sexual assualt uk