Non declaration of Simple Caution- effect on ILR

Hi
I have been in the UK since 2008 and under various visas, currently as dependent on my partner's Tier 2 General.

I received a police caution in late 2015 but I wasn't aware until last month that this was a formal "Caution", and not an informal warning, as I saw it listed in my Standard DBS which was done for the 1st time in December.

In our last Tier 2 visa application (Feb 2019) I had not declared this caution (as frankly I wasn't aware then), but still we all had received the visa. We are now filling out the Set(O) for ILR, and I am considering whether to:

A) not declare it like last time, which might get found and be considered false info or deception?
B) declare it now and face a rejection due to 'deception' in the previous application

Look forward to thoughts as I am terribly confused.

https://www.gov.uk/caution-warning-penalty

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

You must refuse an applicant who is applying for indefinite leave to remain on or after 13 December 2012, if they:

have, within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out of court disposal recorded on their criminal record

Page 23

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

I would suggest you disclose it but since it is older than 24 months, it will not affect your ILR.

Thanks. I am not as much concerned about the caution in itself, but more about the non-disclosure last time when I applied for Tier 2 dependent in 2019.

Are there cases where they refuse ILR due to a previous missed/undeclared caution?

I believe you will be okay.

Disclosure of caution in 2019 would not have resulted in refusal anyways (as it is from 2015).

HO is more strict with criminal records at ILR stage and Naturalisation stage.

It is more of a deception had the caution been within 24 months and you tried to hide it for ILR to get a visa.

CULLINAN wrote: ↑

Sat Jan 23, 2021 6:15 pm

I believe you will be okay.

Disclosure of caution in 2019 would not have resulted in refusal anyways (as it is from 2015).

HO is more strict with criminal records at ILR stage and Naturalisation stage.

It is more of a deception had the caution been within 24 months and you tried to hide it for ILR to get a visa.

Understood. Would it be better to disclose the caution and also accompany it with a cover letter describing that we weren't aware and therefore did not declare in the last visa? Or is that better left unsaid and let them get on with it?

I think you should declare now and you will be okay without any further explanation. This is my personal opinion obviously.