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HI GUYS
i am applying for my ILR from tier 1 general next month and i am very confused back in june 2009 when i was coming from heathrow airport i was bringing cigraretes over the allowed limit (2400 cigaretes) and customer officer stoped me and seized the cigaretes from me and gave me warning letter which states
" the goods on the attached schedule have been seized under section 139 of the customs and excise management act 1979. this is without prejudice to any further action that the commsioner of customs and excise may take against you in connection to this seiure.
you should also be aware that further detctions are made which results in goods being seized from you this may lead to procecution under section 170 of customs and excise managment act 1979. a person found guilty of this offence under this section is liable to unlimited fine and or up to 7 years imprisoment .

now my questions is
does this come in to criminal offence or civil penalty or it does not count towards any thing ?
should i declare it on form set (o) or not if yes then where should i mention it ?
will it be mentioned in my CRB or not ?
and is this warning same as police warning/caution ?

i have not mentioned this in my previous application but the reason i am confused now as ILR form states any spent or unspent convictions which include warnings from police and caution as well

i have not received any fine nor did i received any court judgment and they just seied the cigaretes from me and since then i left smoking as well

why not get a CRB report to confirm??? I am sure that will clear all your doubts.

thanks zeezee for your reply but basic disclosure does not confirm warnings and as per basic crb check i did it so many times for different companies my basic disclosure is clean i was thinking to do enhanced crb check but i have confirmed it enhanced crb checked can be done only by employer . individuals can not do enhanced crb

in my opinion thats just a warning and nothing to mention and worry about that. as you never mentioned before and nothing happened.

salimkk wrote:thanks zeezee for your reply but basic disclosure does not confirm warnings and as per basic crb check i did it so many times for different companies my basic disclosure is clean i was thinking to do enhanced crb check but i have confirmed it enhanced crb checked can be done only by employer . individuals can not do enhanced crb

Than why don't you request your employer to do one for you explaining your circumstances?? Worth a try.........

i spoke to them already they told me their requirement is basic disclosure and if i want to do enhanced crb check then i have to do it myself they cant help in this matter

salimkk wrote:HI GUYS
i am applying for my ILR from tier 1 general next month and i am very confused back in june 2009 when i was coming from heathrow airport i was bringing cigraretes over the allowed limit (2400 cigaretes) and customer officer stoped me and seized the cigaretes from me and gave me warning letter which states
" the goods on the attached schedule have been seized under section 139 of the customs and excise management act 1979. this is without prejudice to any further action that the commsioner of customs and excise may take against you in connection to this seiure.
you should also be aware that further detctions are made which results in goods being seized from you this may lead to procecution under section 170 of customs and excise managment act 1979. a person found guilty of this offence under this section is liable to unlimited fine and or up to 7 years imprisoment .

now my questions is
does this come in to criminal offence or civil penalty or it does not count towards any thing ?
should i declare it on form set (o) or not if yes then where should i mention it ?
will it be mentioned in my CRB or not ?
and is this warning same as police warning/caution ?

i have not mentioned this in my previous application but the reason i am confused now as ILR form states any spent or unspent convictions which include warnings from police and caution as well

i have not received any fine nor did i received any court judgment and they just seied the cigaretes from me and since then i left smoking as well

You were not prosecuted or cautioned. They just took your cigarettes and said do it again and we can prosecute!

thanks D4109125 for your reply
you gave me relief but do you think i should declare it or not and can you please tell me the difference between police caution and custom and excise warning ? because one of the member on this link had same prob and he declared it
http://www.immigrationboards.com/viewto ... cigarettes

salimkk wrote:thanks D4109125 for your reply
you gave me relief but do you think i should declare it or not and can you please tell me the difference between police caution and custom and excise warning ? because one of the member on this link had same prob and he declared it
http://www.immigrationboards.com/viewto ... cigarettes

A police caution is something you accept. In a police caution you are accepting guilt of committing a criminal offence. Customs warnings are civil warnings, if they had sought to prosecute you then that could have resulted in a criminal conviction. However, generally prosecutions are made when people are carrying significantly more.

thanks D4109125
you have not advised on mentining the warning to ukba as on the link i sent one guy was in same situation and i must mention one more thing here i have filed 2 applications to home office after this incident and not mentioned this incident and i was granted extension but i was bit scared as in this form they were asking for all spent and unspent and i was confused that may be my one is also like police warning as in Rehabilitation of Offenders Act 1974 it states that (Simple Caution, Reprimand,Final Warning are Spent immediately)
so i was wondering if i am coming in final warning or
so do u think i should still mention it ?

salimkk wrote:thanks D4109125
you have not advised on mentining the warning to ukba as on the link i sent one guy was in same situation and i must mention one more thing here i have filed 2 applications to home office after this incident and not mentioned this incident and i was granted extension but i was bit scared as in this form they were asking for all spent and unspent and i was confused that may be my one is also like police warning as in Rehabilitation of Offenders Act 1974 it states that (Simple Caution, Reprimand,Final Warning are Spent immediately)
so i was wondering if i am coming in final warning or
so do u think i should still mention it ?

You indicated " i have filed 2 applications to home office after this incident and not mentioned this incident and i was granted extension but i was bit scared" -

There is no need to worry about this as it's not a criminal conviction. You can choose to mention it or not mention it's your choice this has no ultimate bearing on your ILR outcome. Focus on the other main bit's of your application to ensure it's water tight and relax. Lastly the other person you mention on the link above is applying for something totally different (British Citizenship) as well they appear to be going to court due to the offence.

Think you can forget about it:

Warning letters for a contravention of customs regulations give details of the alleged contravention. Traders alleged to have contravened customs regulations will be warned that if there is a further broadly similar contravention within a two-year period a penalty demand may be issued.

Civil penalty warning letters stay on record for two years, after which they expire. If there is a further contravention after two years have passed, a new warning letter lasting another two years or a Penalty Demand may be issued.

https://www.gov.uk/customs-seizures-and-penalties

salimkk wrote:HI GUYS
i am applying for my ILR from tier 1 general next month and i am very confused back in june 2009 when i was coming from heathrow airport i was bringing cigraretes over the allowed limit (2400 cigaretes) and customer officer stoped me and seized the cigaretes from me and gave me warning letter which states
" the goods on the attached schedule have been seized under section 139 of the customs and excise management act 1979. this is without prejudice to any further action that the commsioner of customs and excise may take against you in connection to this seiure.
you should also be aware that further detctions are made which results in goods being seized from you this may lead to procecution under section 170 of customs and excise managment act 1979. a person found guilty of this offence under this section is liable to unlimited fine and or up to 7 years imprisoment .

now my questions is
does this come in to criminal offence or civil penalty or it does not count towards any thing ?
should i declare it on form set (o) or not if yes then where should i mention it ?
will it be mentioned in my CRB or not ?
and is this warning same as police warning/caution ?

i have not mentioned this in my previous application but the reason i am confused now as ILR form states any spent or unspent convictions which include warnings from police and caution as well

i have not received any fine nor did i received any court judgment and they just seied the cigaretes from me and since then i left smoking as well

Hi My husband was in the same situation bought cigarettes over the limt and customs gave him a warning. My husband successfully got his ILR 2 years ago, he didn't mention anything in his ILR and before applying for ILR, his employers did an enhanced crb on him and nothing was recorded in his crb.

I explained our experience so it might help u to relax. Thanks

Hi there,

Did you finally get any confirmation?

Is there any impact on ILR ???

thank you guys for your help and reply now i am relaxed thanks Heisgood,TheGreenTea,faz28
i have already booked appointment for 28th of june in croydon
now just waiting for the day to come will post my expereince here

Hi can you update with the outcomes of your application?

hi i have got my ILR there was no prob at all coz of custom warning

salimkk wrote:hi i have got my ILR there was no prob at all coz of custom warning

Congrats