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You need to be certain whether you have a police caution or not as in Scotland generally, a caution is something entirely different from that in England and Wales. It's usually a monetary bond given to the Court as a "caution" for your "Good Behaviour". However, if this is indeed a 'police caution' it should not have been given unless you agreed to it and you signed the caution form. Remember a police caution is given when you admit to an offence, it's akin to a guilty plea.nameoh12 wrote:@D4109125
i would like to ask a question.
I was arrested by the police in 2012 for public misconduct in Scotland reason was, i was order to go out of the shop by a security guard and i challenged him wanting to know why).
i was detain in the station for about 7 hours and my DNA and finger print was taken with no court action.
i was told i would be contacted if need be but, never received a letter nor was i given a fine .
when i did a criminal check on myself the case flag up as a caution.
My main problem now is that since it is in scotland and i was not requested to pay a fine, will i have a problem during my intending naturalization this year.
Well the proof of deception is only on the balance of probabilities. You should have included the information on previous applications. However, as you were not banned and have subsequently made successful applications I would just write a letter in with your application explaining the situation and your 'innocence' whatever your reason for using 'false documentation' was. The main question is .... Was the deception a principle component of the visa application.bilal12 wrote:Thanks D4109125,
It was a diploma from Cambridge college(I guess pretty famous scam) which was found to be false. I could have proved myself innocent if had been given a chance to appeal!
However as I mentioned in my previous post they had stated in the refusal letter:
you have extant leave in UK until 15 December 2010. before the expiry of this leave you should either regularise your stay here or leave the UK on your own expense. If we have to remove you, any application for entry clearance or leave to enter that you make will be refused under the immigration rules for at least ten years.
So as I have regularised myself, doesn't this mean I don't fall under the 10 years ban? also they had mentioned that they even then they will not refuse my applications if my applications are of spouse or being married to a BC.
If you were refused under 320(7b) then the ban is usually 10 years. However, this does not apply when making applications to settle as a family member as you did. You should have disclosed it on other applications for the purpose of the suitability requirements (akin to character for immigration applications). If you were refused under rule 320(7b) this will weigh heavily for a naturalisation application. The fact that you have no other issues should count in your favour but there are no guarantees and the guidance suggests a 10 year ban from the date of deception.bilal12 wrote:Hi,
Thank you very much for your swift responses, its much appreciated!
Yes, that diploma was the main componant for the psw application! But reffering back to that statement in the refusal document, what do you think? Do I fall under that 10 years ban?
Why do you feel I should have declared this in my previous applications? As good character wasn't required?
And finally if I don't fall under that 10 years ban, can it still effect my application for naturalisation? As I have a cleared enhanced crb, good credit history and work as a it consultant and have got a character reference from my employer!
Once again many thanks for your valuable time.
It's unlikely that your ILR would be rejected given that the 10 year ban doesn't apply per se to family member applications. However, the issue of deception is very serious nonetheless. If you have compelling and mitigating circumstances it may prove to not be a reason for refusal for your naturalisation application.bilal12 wrote:Thanks
I take it from this, I have a very little chance of getting naturalised? do you believe I shouldn't even try for it for ten years?
Also do you think they can strip me off from my existing status i.e. ILR etc?
I must admit that the ukba website is properly worded and contradicts the AN form. However, given the fact that the non-custodial sentence was more than 3 years ago and you were following the ukba website instructions, you should have nothing to worry about.ekzecuive wrote:Hi
I posted this in the general discussions forum but then came across this thread and it seems a more relevant topic so here it is again
I had applied for Naturalisation in March 2013 and did not know that I have to declare spent conviction as per the new rule which apparently got introduced in January 2013 (Is this correct ) so I did not declare it
At the time of applying I checked the UKBA website which still says that I do not have to declare the spent conviction (see below links)
http://www.ukba.homeoffice.gov.uk/briti ... ngtheform/
"You do not need to provide details of any convictions which are ?spent?
http://www.ukba.homeoffice.gov.uk/briti ... character/
"If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent. "
I received a conditional discharge in Feb 2009 for 12 months by a court for travelling on a train without a ticket. No fines were imposed as I was only ordered to pay the court cost and the cost of the ticket. The conviction became "spent" in Feb 2010 and since then I have brought my wife here to UK on Tier 1 General dependant and had my ILR in March 2012 and did not declare the "spent" conviction on both occasions
Is this going to be an issue as its been more than 2 months and I have not yet received anyting yet and the fee got deducted on 7th April
Is there a way to notify UKBA of this now. Please bear in mind that I do not have any reference number due to lack of an acknowledgement letter
Please advise !!
Thanks for the prompt response and I hope that it is the caseD4109125 wrote: I must admit that the ukba website is properly worded and contradicts the AN form. However, given the fact that the non-custodial sentence was more than 3 years ago and you were following the ukba website instructions, you should have nothing to worry about.