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police caution, need help

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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thomas14
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police caution, need help

Post by thomas14 » Sun Jul 27, 2014 8:48 pm

Dear All
I got police caution two years ago for battery.
I am going to apply for ILR and have a question regarding filling the application form.
Where should I put down the police caution?
Should I tick the box for question 7.5 of SET(O) form?
7.5 Have you or any dependants 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?

Thanks in advance for any reply.

Amber
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Re: police caution, need help

Post by Amber » Sun Jul 27, 2014 9:30 pm

It doesn't technically need to be declared. However, I'd include it on a cover sheet and as 24 months have elapsed, you should be ok.
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Obie
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Re: police caution, need help

Post by Obie » Sun Jul 27, 2014 10:23 pm

I believe he will be required to disclose it.
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Amber
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Re: police caution, need help

Post by Amber » Sun Jul 27, 2014 10:27 pm

Unlike nationality applications, immigration applications for settlement do not request the disclosure of cautions. Bizarrely given they can be a general grounds for refusal. Although it could fall into 7.10 but that's subjective.
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thomas14
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Re: police caution, need help

Post by thomas14 » Mon Jul 28, 2014 7:07 am

Many thanks for the above replies.
My question was where to declare the caution. Should I tick the yes box of question 7.5 or 7.10?
Or can I tick no to all of them, then put it in a cover letter?
Thanks again

Amber
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Re: police caution, need help

Post by Amber » Mon Jul 28, 2014 10:05 am

I'd just write a cover letter, 7.5 is n/a and 7.10 is subjective.
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thomas14
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Re: police caution, need help

Post by thomas14 » Wed Jul 30, 2014 5:41 pm

thanks, Amber. I followed you advice and gone through the application.
by the way, because of the caution, I applied for ILR first. Should there be any problem for my wife to apply for ILR using SET(O) form? She has been my dependent for more than 5 years ( combing work dependent and Tier 2 dependent).

Amber
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Re: police caution, need help

Post by Amber » Wed Jul 30, 2014 5:47 pm

If you are applying as a PBS applicant, your spouse can apply for ILR on SET(O) once she meets the eligibility.
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