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ILR & Simple Caution within 24 Months

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Saim78
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ILR & Simple Caution within 24 Months

Post by Saim78 » Mon Mar 03, 2014 5:44 pm

Dear Members/Moderators,

I had simple caution on 28/11/12 due to some arguments with my wife. My ILR is due on 20/8/2014. My current leave also going to expire on 30/6/2014. I understand as per new rules simple caution must not fall within 24 months for ILR.

I am really confused what should I do, either I should go for Tier-1 extension for three/four months or apply ILR by post.

I am also thinking to send my application by post so that by the time my application will be decided I may be out of 24 months criteria.

I will be grateful for your advise/suggestions. I would like to request our senior members to please guide me as I am really clueless now. Please also confirm which date will be considered with regards to my application ? Date of application or decision?

Kind regards,

Saim

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Amber
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Re: ILR & Simple Caution within 24 Months

Post by Amber » Mon Mar 03, 2014 6:43 pm

Apply for an extension by post then vary for ILR, when 24 months has lapsed.
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Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Mon Mar 03, 2014 7:43 pm

Many thanks Amber for your reply.
Could you please explain what you mean by vary for ILR?
I was thinking to apply for ILR by post because current processing time for postal application is around four months. I am thinking by the time my application will be decided my 24month period will also lapsed.

I understand there is risk but I can't afford to pay around £5k (my self and dependents) just for four months extension and then again for ILR. What do you think how much chances are to get ILR if I go through this postal route?

Zataak
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Re: ILR & Simple Caution within 24 Months

Post by Zataak » Tue Jun 17, 2014 2:15 pm

Saim78 wrote:Many thanks Amber for your reply.
Could you please explain what you mean by vary for ILR?
I was thinking to apply for ILR by post because current processing time for postal application is around four months. I am thinking by the time my application will be decided my 24month period will also lapsed.

I understand there is risk but I can't afford to pay around £5k (my self and dependents) just for four months extension and then again for ILR. What do you think how much chances are to get ILR if I go through this postal route?

Hi,

I had given a simple caution for the same reason an year ago and yesterday my ILR application is refused as it is not 24 months past yet. So I highly suggest apply for the Tier-1 extension first. Please share your findings with me. Thanks.

Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Tue Jun 17, 2014 3:15 pm

Hi Zataak

Sorry to hear that your ILR was refused. I went for Tier 1 extension and got for three years. I will apply for ILR when my 24 months condition will not be effecting my application.

Thx

Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Sun Aug 10, 2014 9:37 pm

Hi Amber,

Yesterday I got my ACPO Certificate and it says ''NO TRACE''. Though, I have a caution in Nov-2012 but it is not mentioned/appearing in ACPO certificate.
It is also mentioned in the covering letter that ''NO TRACE'' Mean You do not have any conviction, cautions, final warnings or reprimands.

My question is if there is no record on PNC regarding my caution then should I apply my ILR within 24 months period? Keeping in view the outcome of this letter/certificate I believe there is no record on PNC regarding my caution and I am thinking to apply for ILR.

I look forward for your advise.

Saim

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Amber
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Re: ILR & Simple Caution within 24 Months

Post by Amber » Sun Aug 10, 2014 11:01 pm

You need to ask for a SAR for PNC data rather than an ACPO certificate.
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Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Mon Aug 11, 2014 8:59 am

Many thanks Amber,

I will ask for Subject Access Record (SAR1).

Could I apply for ILR based on this certificate? If yes what is the probability of approval or refusal.

Kind regards,

Saim

Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Mon Aug 11, 2014 8:59 am

Many thanks Amber,

I will ask for Subject Access Record (SAR1).

Could I apply for ILR based on this certificate? If yes what is the probability of approval or refusal.

Kind regards,

Saim

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Re: ILR & Simple Caution within 24 Months

Post by Amber » Mon Aug 11, 2014 7:06 pm

A simple caution that is recorded on a criminal record is a general (mandatory) grounds for refusal for 24 months.
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Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Wed Aug 13, 2014 9:49 am

Many thanks Amber!

I understand there is 24 months condition if something is recorded on your criminal record.
However, I am still confused why my ACPO certificate is showing "NO TRACE"
Is this indicates that my caution is not recorded on criminal record or PNC?

Could I apply for ILR based on this certificates which clearly stating NO TRACE of any conviction, caution or warning?

norty109
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Re: ILR & Simple Caution within 24 Months

Post by norty109 » Sun Oct 12, 2014 5:18 pm

Hi Saim! Please can you advise if you travelled out of country on your Tier 1 after the simple caution and faced any problems at immigration upon return to UK within 12 months from receiving the caution? I hv a caution and travelling with 12 months for a holiday but scared that immigration may cancel leave upon return under 321 A 4A. Please advise.

Saim78
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Re: ILR & Simple Caution within 24 Months

Post by Saim78 » Mon Oct 13, 2014 10:12 am

Hi Norty,

Yes, I travelled out of country on my annual holidays during this period. I don't think there will be any issue for you.

Regards,

Saim

norty109
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Re: ILR & Simple Caution within 24 Months

Post by norty109 » Mon Oct 13, 2014 11:26 am

Thanks Saim, that's a great help as have been asking this question but with no reply. Cheers man :)

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