[Urgent] Need some help regarding to Immigration Rules part 9: grounds for refusal 322 1(C)

Hi all,

I am currently trying to apply ILR (or so called permanent residence) in the UK based on that I have already lived here for 10 years. However, I found that I have got a simple caution due to some family argument and I have to accept the simple caution to get out of the police station (I was so stupid to accept this without thinking too much).

It seems that now I can't apply the ILR because the simple caution was within the 24 months. Based on the Immigration Rules part 9: grounds for refusal 322 1(C), the case worker will refuse my application. Ref: https://www.gov.uk/guidance/immigration ... or-refusal

However, it seems to me that this t&c only applied for people who want to apply the ILR:
(1C) where the person is seeking indefinite leave to enter or remain: ...

My question is: if now I applied the T1 or T2 visa instead of the ILR will the case worker be able to refuse my application based on this 322 1(C)? If I got a T1 or T2 visa, and after a few months, I will be able to apply the ILR because my simple caution will pass the 24 months limit. When I say T1 or T2 visa, I mean particular the Tier 1 (Exceptional Talent) or Tier 2 (General).

Or simply the question is if I have got a simple caution within 24 months, can I apply Tier 1 (Exceptional Talent) or Tier 2 (General)? Will this get failed because of the simple caution?

This is so urgent because my current T2 visa will be expired very soon. Thanks so much for your suggestions!!!

You cannot get ILR unless the caution is at least 24 months old. You can however apply for another visa

zimba88 wrote: ↑

Sun Feb 18, 2018 4:56 pm

You cannot get ILR unless the caution is at least 24 months old. You can however apply for another visa

Thanks very much!

So it means if I got everything else ready (documents and etc), the caseworkers will not reject my application because of this 'simple caution' record? Thanks.

You will be refused ILR if you had a caution in the last 24 months, no matter what. For other visas, a simple caution is not serious enough and will not lead to a refusal

zimba88 wrote: ↑

Mon Feb 19, 2018 12:06 am

You will be refused ILR if you had a caution in the last 24 months, no matter what. For other visas, a simple caution is not serious enough and will not lead to a refusal

Thanks very much for your kindly help!