ILR and Police Caution Common Assault

Hi All,

Its so ufortunate that I got Police Caution due to some misuderstanding between me and my wife, bit of arguments and minor physical intact (just hold her arm) she reported to police that assualt her (twisted her arm, which wasn't happen exactly).

I am 16 months away from my ILR. Can anyone has the past experience/knowledge that section 39 (common assualt) will impact on case?

Your valueable reply will help me alot. Thanx

I am at a similar state me and my wife BOTH got cautioned cause neighbours reported our fight way back in 2006. I am covered by hsmp(JR) but in any case I spoke to local police department and they have assured me that if its a simple caution it now becomes immidiately spent. Previously caution was not covered by Rehab of offenders act but in 2009 they ammended the rule to include caution too and if they ask u on the form regariding any convictions you can tick no. google caution+ rehab offender act and you will see answeres from diff websites.

one thing of note conditional cautions or cautions given for drunk driving, driving without insurance or attemped rape etc is NOT covered its only simple cautions which are covered. Hope this helps

dr_raihan29 wrote:I am at a similar state me and my wife BOTH got cautioned cause neighbours reported our fight way back in 2006. I am covered by hsmp(JR) but in any case I spoke to local police department and they have assured me that if its a simple caution it now becomes immidiately spent. Previously caution was not covered by Rehab of offenders act but in 2009 they ammended the rule to include caution too and if they ask u on the form regariding any convictions you can tick no. google caution+ rehab offender act and you will see answeres from diff websites.

one thing of note conditional cautions or cautions given for drunk driving, driving without insurance or attemped rape etc is NOT covered its only simple cautions which are covered. Hope this helps

Thank you very much for your reply. It seems like it would be ok if I declare it in my application and I hope I will get my ILR(but not 100%). Now, second question is if you could answer please.
Let’s say I have a police caution and I get my ILR as well. Can I apply British Nationality (neutralization) after one year or I have to wait at least another fiver years?

Much appreciate your reply. Thank you

Raven11 wrote:Hi All,

Its so ufortunate that I got Police Caution due to some misuderstanding between me and my wife, bit of arguments and minor physical intact (just hold her arm) she reported to police that assualt her (twisted her arm, which wasn't happen exactly).

I am 16 months away from my ILR. Can anyone has the past experience/knowledge that section 39 (common assualt) will impact on case?

Your valueable reply will help me alot. Thanx

Criminal Convictions – You can no longer apply for Indefinite Leave to Remain if you have been convicted of a crime and not enough time has passed for the conviction to become “spentâ€

Raven11 wrote:I think its better to leave this country rather struggling with these immigration rules every year. If we have better qualification then I don't think we need to bother about ILR or British Nationality. I definitely quit.

Raven I understand the point you are making but I wouldn't just give up without making further enquiries. End of the day it's your decision but I would rather suggest you to get CRB done before you decide to quit.

Good Luck mate.

why are you confusing simple caution with conviction?? police caution is NOT a conviction and you don't hv to take my word for it drop in at any local police station and ask! cautions are also spent immidiately after the ammendment in the offenders act in 2008.

dr_raihan29 wrote:why are you confusing simple caution with conviction?? police caution is NOT a conviction and you don't hv to take my word for it drop in at any local police station and ask! cautions are also spent immidiately after the ammendment in the offenders act in 2008.

Hello Dr.

Thanks for your support. I just come to know why my wife reported because she wanted to apply ILR under DV. I am not sure she will successed or not because my status is not permanent settler (Tier 1) however it is upto HM to decide whether she will be granted ILR or not(easy path for girls the other thing which you are talking about I can not discuss in the public forum. Anyhow, so far life screwed!

Raven for your info. DirectGov

Cautions and criminal records

A caution is not a criminal conviction, but it does go on your criminal record.

The police will record your caution on their databases. This means that your caution may in some circumstances be told to an employer or used in court as evidence of bad character. The police will also keep a record of photographs, fingerprints and any evidence taken in your case.

If you are cautioned for a sexual offence, you could be placed on the sex offenders register.

The police may give your name and address to any victims of your crime if they ask for it. This means you might be sued for damages by a victim.

I would suggest again to get your CRB done and seek professional advice.

Raven11 wrote:Hi All,

Its so ufortunate that I got Police Caution due to some misuderstanding between me and my wife, bit of arguments and minor physical intact (just hold her arm) she reported to police that assualt her (twisted her arm, which wasn't happen exactly).

I am 16 months away from my ILR. Can anyone has the past experience/knowledge that section 39 (common assualt) will impact on case?

Your valueable reply will help me alot. Thanx

Have been reading the thread.

Just to clarify that Caution or Arrest doesn't mean conviction. You DON'T need to mention much things and don't need to bother about them for any reason whatsoever.

Those who don't know this issue should not misguide others.

Then comes "charged", if you are arrested and charged by the police then it has different meaning and probably (I'm not sure about this) you will have to declare it. I remember seeing the term charged somewhere in ILR. So if Police has brought charges against you then you might have to declare it.

And lastly if you are convicted by court then it obviously classifies as conviction.

In your case no need to declare it.