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Got Police caution after applying for citizenship

Posted: Tue Jan 14, 2014 8:27 pm
by sillyman
I made my citizenship application on 03/12/2013. I received a simple caution for common assault on 12/01/2014. Should I inform this to Home Office. When I read the AN Guide page 9 sec - 3.13
"You must tell us if you are arrested or charged with an offence after you
make your application and while the application is under consideration. You risk
prosecution under section 46 of the British Nationality Act 1981 if you do not do so."

I believe the offence is different from caution. So please let me know if I need this to report my situation to Home office. So far the money from my account haven't taken which means the application is not processed yet.

The next question is I tried to enquire the homeoffice directly on this but when I choose enquiry option in the customer care there was automated voice to send email. If it is YES to my question above then how do I inform homeoffice.

Re: Got Police caution after applying for citizenship

Posted: Tue Jan 14, 2014 8:45 pm
by VR
Yes you should inform them of the change in circumstances, lest they get a chance to give you big time heartache.
Send a mail here with your details
ukbanationalityenquiries@ukba.gsi.gov.uk

Subject: Updating Personal Information

You should be in the clear.
cheers
vr

Re: Got Police caution after applying for citizenship

Posted: Wed Jan 15, 2014 8:22 am
by Amber
If you have been cautioned (a simple or conditional police caution) you will have been arrested. If they receive this information before a decision is made, you'll likely be refused and will have to wait 3 years. If they have not checked the PNC, when they do, this information should show and thus a refusal decision will likely be made.

Re: Got Police caution after applying for citizenship

Posted: Wed Jan 15, 2014 11:54 am
by MattSule
hi,
As stated, your application was submitted on 03/12/2013. Obviously HO wouldn't have opened your application nor do any check because of the backlog. By the time they get to your application it's highly likely that the "Caution" will be available on the PNC.

Send an email to the address suggested by VR and you may write a letter to:
Home Office, UKBA, PO Box 306, Liverpool. L2 0Qn

Re: Got Police caution after applying for citizenship

Posted: Wed Jan 15, 2014 12:34 pm
by missnorush
I would also agree to contact the Home Office as soon as you're able to and inform them of the situation, be honest and disclose all that you are aware of. If you're still in doubt about what to do or need help, there are immigration solicitors out there who will give you basic advice over the phone or provide a consultation for a small fee.

Re: Got Police caution after applying for citizenship

Posted: Sat Feb 15, 2014 7:12 pm
by sillyman
Thanks for all the responses.

I have sent email to ukbanationalityenquiries@ukba.gsi.gov.uk with subject "Updating Personal Information" including my address, mobile no, name, home office reference, place and date of NCS.
I also included this "I got a simple caution from Police on 12/01/2014 for Common assault. I am attaching the scanned copy of the report." and attached the scanned copy of the caution that I received.

I sent this email on 14/01/2014. Today (15/02/2014) I received a letter saying that my application was rejected based on the same.
It also says this which makes me worried
"It is open to you to re-apply for citizenship at any time but your failure to disclose a conviction to us will be taken in to consideration on any fresh application made within ten years of the date of this letter and is likely to lead to the application being refused."
I thought I can reapply after three years but it says my application will be rejected for ten years.

Re: Got Police caution after applying for citizenship

Posted: Sat Feb 15, 2014 7:18 pm
by MattSule
Sillyman, what date is on the letter you received? letters received on the 15th would have been posted 13th latest.

Re: Got Police caution after applying for citizenship

Posted: Sat Feb 15, 2014 7:25 pm
by sillyman
MattSule wrote:Sillyman, what date is on the letter you received? letters received on the 15th would have been posted 13th latest.
MattSule,
The letter was posted on 11/2/2014 by Home Office. BTW I have edited my question there was a typo on date it was 12/01/2014 instead of 12/02/2014.

Re: Got Police caution after applying for citizenship

Posted: Sat Feb 15, 2014 7:34 pm
by MattSule
Sillyman, apply for a review sending a copy of the email and any other recorded delivery detail if posted. You will be fine and the 10years ban will be lifted if your evidence(s) is (are) verified.

Re: Got Police caution after applying for citizenship

Posted: Sun Feb 16, 2014 5:23 am
by Amber
I would raise a dispute rather than asking for a reconsideration. In the dispute ask them to remove the 10 year ban. Explain that caution was given after the application was submitted and you provided an email (include) to inform them of the caution. You did what was reasonably expected and thus have not practiced deception in anyway. It's such a shame you slipped up right at the last moment. A silly and costly mistake.

Re: Got Police caution after applying for citizenship

Posted: Sun Feb 16, 2014 10:14 pm
by sillyman
Amber_ wrote:I would raise a dispute rather than asking for a reconsideration. In the dispute ask them to remove the 10 year ban. Explain that caution was given after the application was submitted and you provided an email (include) to inform them of the caution. You did what was reasonably expected and thus have not practiced deception in anyway. It's such a shame you slipped up right at the last moment. A silly and costly mistake.
Thanks Amber, How do I raise a dispute? The letter received has got NR form for reconsideration. I just googled and did a search in Home office and couldn't find any information regarding raising dispute.

Could you please point me to the link or information to raise a dispute? Thanks in Advance.

Re: Got Police caution after applying for citizenship

Posted: Sun Feb 16, 2014 11:16 pm
by Amber
A dispute is just writing in and disputing the ten year ban. There is no form per se. A reconsideration will cost £80 and produce the same decision.