ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

urgent advice please

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

urgent advice please

Post by mkhan84 » Wed Jan 09, 2013 8:25 pm

could someone please advice me... many thanks in advance....

I was cautioned in 2006 December in Belfast for picking someone's mobile. I paid the owner the full money and I never went to court. i signed something in a paper but i don't know what was it.

i had crb check here in Manchester after an year but nothing was mentioned on my crb check.

I am about to apply for BC in February this year. Please tell me do i need to mention about my caution there. i already have PR last year


moderators please help and advice...

Many thanks

asim72
BANNED
Posts: 636
Joined: Mon May 28, 2012 1:07 pm

Post by asim72 » Thu Jan 10, 2013 3:04 am

did you get a caution or warning? two totally different things.

mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

Post by mkhan84 » Thu Jan 10, 2013 3:38 am

Asim

I have no idea mate. I was like so much frustrated that I just wanted to get the things over asap. It was in 2006 and I all I remember is that when they call me to the police station for interview, i admit it and then they took my finger print, photo, dna , interviewed on the tape and then ask me to pay the owner money and let me go in 20 minutes. i paid the owner money on the same day and later they called me back to sign a document. that's all. The police even didn't say, "You do not have to say anything. But it may harm your defense etc etc

I never went to court. i then moved from Belfast to Manchester after an year as I got a job here. They did an enhanced CRB but nothing was on it.

Many Thanks
Khan

asim72
BANNED
Posts: 636
Joined: Mon May 28, 2012 1:07 pm

Post by asim72 » Thu Jan 10, 2013 9:12 am

If they took your DNA etc then I am sure that it was a caution.
Cautions are not conviction, but they are part of criminal record.
Now, form AN asks for convictions and civil judgement. It does not ask for cautions. So, you do not need to mention it.

Now you might worry that they might refuse your application if they find out about you caution during their checks. Good news is, that they will not refuse your application due to the caution. Current guidelines require 3 years waiting period after a caution. You are well past 6 years from your caution. So, there is nothing for you to worry. :)

mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

Post by mkhan84 » Thu Jan 10, 2013 6:43 pm

asim72 wrote:If they took your DNA etc then I am sure that it was a caution.
Cautions are not conviction, but they are part of criminal record.
Now, form AN asks for convictions and civil judgement. It does not ask for cautions. So, you do not need to mention it.

Now you might worry that they might refuse your application if they find out about you caution during their checks. Good news is, that they will not refuse your application due to the caution. Current guidelines require 3 years waiting period after a caution. You are well past 6 years from your caution. So, there is nothing for you to worry. :)
Asim I am still so much worried as I have not told this in my family. I wont be able to face them if something like this happen. Could you please copy me the link where it says about 3 yrs... many thanks Khan

mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

Post by mkhan84 » Sat Jan 12, 2013 9:23 am

please moderators, advice me here as I am really worried... shall i tell home office what happened even if i was cautioned 6 years ago????

rod_p
Junior Member
Posts: 69
Joined: Tue Jan 01, 2013 11:36 pm

Post by rod_p » Sat Jan 12, 2013 11:01 am

Page 6 of this document:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3.5.5 As a caution forms part of a person‟s criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account. Where the application was made on or after 13 December 2012 a caution comes within the „non custodial offence‟ threshold. As such, where someone has a caution within 3 years of their application, it should be refused.

It's new, it's strict but nothing for you to worry about!

mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

Post by mkhan84 » Sat Jan 12, 2013 12:33 pm

thanks friend

But do I have to mention it in the application form or not?

Thanks

nsrisri
Newbie
Posts: 48
Joined: Thu Feb 02, 2012 6:36 am

Post by nsrisri » Sat Jan 12, 2013 10:26 pm

HI mkhan84
I don't think this will be a problem because if it would have been then in first place you wouldn't have got your PR.

mkhan84
Newly Registered
Posts: 25
Joined: Wed Jan 09, 2013 8:20 pm

Post by mkhan84 » Sun Jan 13, 2013 2:54 pm

dear all many thanks for your advice.

Khan

Locked
cron