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ILR with police caution - help?

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.

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jan123
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Post by jan123 » Wed Oct 30, 2013 4:18 pm

Hi anyone,

If WP visa expires on 7 Jan 14, the earliest date one can apply is 10 Dec or 11 Dec 13 ( as per UKBA guidance the time should not be earlier than 28 days).

Just can not find an appointment for 11Dec 13 and not sure if I can book for 10 Dec 13?

Thanks
3143

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Amber
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Post by Amber » Wed Oct 30, 2013 4:32 pm

When were you given EC and when did you enter the UK?
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jan123
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Sorry

Post by jan123 » Wed Oct 30, 2013 4:40 pm

Sorry i think sent you pm by mistake.

in the answer to your question- i was already in UK and Leave to remain was issued on 7 Jan 2009 as a work permit holder which expires on 1 jan 2014. Just wondering if can book peo on 10 Dec 13 or it has to be 11 Dec. I can not find appointment for 11 though.

Thanks
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Amber
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Post by Amber » Wed Oct 30, 2013 4:50 pm

10 is ok as it's 28 days before.
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Post by jan123 » Wed Oct 30, 2013 4:50 pm

thanks
3143

iq4u3
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Re: ILR with police caution - help?

Post by iq4u3 » Wed Oct 30, 2013 5:54 pm

jan123 wrote:Hi everyone,

I got two parts of my query, and I will be grateful if i can seek some help on some of the following confusions

1st query:

I will be eligible for my application for ILR in Dec13 following my 5 year work permit. However, I am very much worried about a simple caution i reacieved in Aug 2009 ( harassment without voilence). I know this is out of threshold that is 24 months,however i still worried if this can be a trouble. so if someone senior ( solicitor or lawyer) can answer the following

1- what is chances to be refused on general grounds?
2- will it make any difference if i seek help from some solicitor
3- should i disclose caution in applicatin
4- will it make any difference if a select a particular PCO office?

P.S- my 10 years stay will also be completed in Aug 2014.


2nd Query:

I married in Uk 3 years ago bt my wife is on her student visa. we had baby (1year old) who is dependent to wife. what should i do for my wife and baby?

Is it sensible if i apply for myself at this stage & once i get approval for my ILR I can then apply for my wife and baby? or should I apply all three at this stage which can be bit complicated if i apply in person

Will be grateful for any guidance.
Thanks
you don't need to worry to much on the caution.
My case was similar to you. I had applied for 10 Yrs Long residency since June 13 and i got it back on 24 October. I had a criminal conviction which i declared. ( Assault )
You don't a Solicitor for the application. You will waste your money.
All the best.

jan123
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sorry

Post by jan123 » Wed Oct 30, 2013 8:28 pm

amber sorry i have written 1 jan14 in fact it is 7 jan 14 as mentioned in first msg. typ0.. is that still ok to book for 10 dec. infact i have booked now for 10th. but can cancel if this is one day ahead.
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Amber
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Post by Amber » Wed Oct 30, 2013 9:55 pm

Fine wrote:From Tuesday, January 7, 2014
Subtracted 28 days

Result: Tuesday, December 10, 2013
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help

Post by jan123 » Thu Nov 14, 2013 9:35 pm

Hi Anyone,

another problem, my wife just realised that she didnt inform her name change for NI card since she changed her after merriage in 2009. However she never worked or never been employed and never claimed any benefits she has been only an overseas student till now. she is going to apply for ILR as my dependent next month. should we infrom HRMC to change her name or we should not do this now and will this be any problem for ILR or to HRMC for such delay.

Thanks
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Post by jan123 » Mon Nov 18, 2013 3:03 pm

hi Amber,as i am heading close for ILR application for myself and my wife, as you are aware I have polic caution issued in 2009, i just need your help on how to disclose this in application. should i simply say a cautin for harrashment without voilence . or with detail like sending no. of emails to two of my ex-friends with abusive lanuage etc. or what is more appropriate way to explain this. I have recevied subject access letter and it says caution for two offences. but is on same date and same reference no. i think they considered complain from 2 persons? will this cause trouble.

also do i need some character reference letter if yes should letter needs to qoute this particular event as well?

will be thankful for your help.
3143

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Amber
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Post by Amber » Mon Nov 18, 2013 3:58 pm

No character reference, just state on a separate piece of paper, simple police caution given on xx date for state offence.
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Post by jan123 » Mon Nov 18, 2013 4:12 pm

So i do not need to put this on application form? also, do you think will i be questionned about detail?

I have subject access and scotland disclosure, should I also attached these with appliaction?

Thanks
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Amber
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Post by Amber » Mon Nov 18, 2013 5:30 pm

As it's not a conviction no. They'll do their own police check a disclosure is not required.
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Post by jan123 » Tue Nov 19, 2013 3:48 pm

hi Amber,

I have taken child voucher from my employer to pay my daughter nursery - are these fall in public fund and what can do about this stage if it is so.

2nd one is as my wife was student we got 25% discount from council till april this year - doest this would a problem as well?

do i need to tick these in Set 0 form or not?

will thankful for you help.
3143

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Amber
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Post by Amber » Tue Nov 19, 2013 5:18 pm

No to both.
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Post by jan123 » Tue Nov 19, 2013 5:24 pm

thanks and i am sure you would be irritated by now. but we can not offer anything apart from a lot of well wishes and will be indebt for your kindness, does not matter if we are successful or not.

I can not understand how someone can be so generous, patient and kind whilst no one ( so called solicitors) in same sociaty is ready to talk without payin 50-100 pounds for answering anything little thing.

God bless you.
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jan123
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Post by jan123 » Fri Dec 06, 2013 4:50 pm

Hi Amber,

Just quick question. If my ILR refused on 10th next tuesday ( worst case scenario), which other catogory I can apply? is that Teir 2? and should I take a filled form with me keeping in mind the worst?

just for background I am concerned due to police in 2009. i know it is outside the 24 months but still worried. basically had sunject assess and it noted caution for 2 offences on same date same time which make me more worry.

thanks
3143

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Post by jan123 » Fri Dec 06, 2013 4:52 pm

Police caution***

sory in countinution of previous msg:

I am here since 9 year 4months now. but apply on 5 years work permit rout next week
3143

jan123
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Post by jan123 » Sat Dec 07, 2013 11:30 am

Hi can anyone reply on above?

also, does different job title from one on which wp was issued 5 years ago would be an issue on letter from employer whilst pay meet soc crateria
3143

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Post by Amber » Sat Dec 07, 2013 4:59 pm

So long as 24 months has lapsed, you should be fine. Technically SET(LR) does not ask about cautions it only asks about convictions. However, in the interest of transparency you should consider mentioning it.
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