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ILR if have a community resolution
Posted: Wed Oct 20, 2021 11:47 pm
by 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.
Re: ILR if have a community resolution
Posted: Wed Oct 20, 2021 11:59 pm
by 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
Re: ILR if have a community resolution
Posted: Tue Oct 26, 2021 1:49 pm
by 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.
Re: ILR if have a community resolution
Posted: Tue Oct 26, 2021 4:42 pm
by zimba
nakano may wrote: ↑Tue Oct 26, 2021 1:49 pm
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.
Re: ILR if have a community resolution
Posted: Sun Nov 21, 2021 2:14 pm
by 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?
Re: ILR if have a community resolution
Posted: Sun Nov 21, 2021 3:45 pm
by zimba
nakano may wrote: ↑Sun Nov 21, 2021 2:14 pm
"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
Re: ILR if have a community resolution
Posted: Sun Nov 21, 2021 8:00 pm
by 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.
Re: ILR if have a community resolution
Posted: Mon Nov 22, 2021 9:38 am
by zimba
Solo4Life wrote: ↑Sun Nov 21, 2021 8:00 pm
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