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ILR with simple caution?

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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paru.org
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Posts: 202
Joined: Mon Dec 29, 2014 11:15 am
India

ILR with simple caution?

Post by paru.org » Fri Nov 25, 2016 5:45 am

Dear members/Moderators/respected Gurus

i have 1 simple caution which is less than 2 yrs old.I have completed qualifying period for long residence and my tier 1 ent extension application is pending with HO.Now i want to go to PSC appointment to get same day decision but my hesitation is ,because of caution rule in general grds of refusal says:" its mandatory refusal if : within the 24 months preceding the date of the application, some one been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record "
Caution is classified as out of court disposal.



can anyone on this forum pls share his/her experience who got ILR with simple caution.
I know someone personally who successfully got ILR with caution on tier2 route 3 months before , but still unable to decide shld i go for PSC or postal route as postal applications now a days taking on average 5 months.my 2 yrs of caution willbe completed in jan 2017 so if i go for postal route i wont get decision by atleast april/may 2017.

b) if they refuse ILR, will they consider me for FLR??

solicitors i spoken to are not sure of anything , they say it can do both ways..
ur help will be appreciated, thx

Ahmad Sharif
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Posts: 16
Joined: Tue Nov 08, 2016 5:07 pm

Re: ILR with simple caution?

Post by Ahmad Sharif » Mon Nov 28, 2016 3:55 pm

Dear Paru,

People who have simple caution within 24 months of proceeding their applications will be mandaratory refused because Home Office will run a DBS check so make sure you declare it or face the consequences. If I was you I would extend the visa that you are currently on until 24 months have been met.

Even by sending it by postal you would still get the refusal as this happened to someone who had one month left of the 24 months and submitted his application via postal to Home Office. After 5 months he received the Mandatory refusal, which was shocking.

I agree that there have been cases were caseworker uses discretion, but it is a risk.

Extend your visa, go for the PEO once 24 months has gone and get your ILR if you have fulfilled your criteria.

Ahmad

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