Applying for ILR with a simple caution for theft

My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

priyadri wrote:My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

According to the immigration rules 322-1C, your application will be refused.
However I think you can still try. I heard people who had a simple caution got their ILR recently. I suggset you make an appointment at Solihull PEO, because they will let you know that the caution will affect or not before take your payment.

From what I know, you'd better mention the caution in the form and write a cover letter explaining the situation.

Good luck.

Hi AlanWong,

Thanks for your response, much appreciated.
Does only Solihull PEO let us know about the caution or can that happen at any PEO.
We are planning to go through a solicitor and after a lot of troublesome research we have got someone reasonable and affordable but he will represent us only in Croydon.
I have heard that in every PEO they do checks before you do the payment, like basic checks. Is that true ?

I had also seen a post earlier with the same username as 'AlanWong' about a similar question to UKBA and they replied with a 24 months criteria for cautions. Was it you and in that case has your application gone through ?

King Regards & Thanks,
Priyadri

priyadri wrote:Hi AlanWong,

Thanks for your response, much appreciated.
Does only Solihull PEO let us know about the caution or can that happen at any PEO.
We are planning to go through a solicitor and after a lot of troublesome research we have got someone reasonable and affordable but he will represent us only in Croydon.
I have heard that in every PEO they do checks before you do the payment, like basic checks. Is that true ?

I had also seen a post earlier with the same username as 'AlanWong' about a similar question to UKBA and they replied with a 24 months criteria for cautions. Was it you and in that case has your application gone through ?

King Regards & Thanks,
Priyadri

First of all why do you want to go via a solicitor? Do you have any other complications in your case?

Secondly chances of refusal are very high as 24 months have not elapsed yet. If you want to take risk, book Solihull PEO as you don't have the risk of losing 2k atleast.

Thirdly, as mentioned above, disclose it and do a covering letter explaining how it happened etc.

priyadri wrote:Hi AlanWong,

Thanks for your response, much appreciated.
Does only Solihull PEO let us know about the caution or can that happen at any PEO.
We are planning to go through a solicitor and after a lot of troublesome research we have got someone reasonable and affordable but he will represent us only in Croydon.
I have heard that in every PEO they do checks before you do the payment, like basic checks. Is that true ?

I had also seen a post earlier with the same username as 'AlanWong' about a similar question to UKBA and they replied with a 24 months criteria for cautions. Was it you and in that case has your application gone through ?

King Regards & Thanks,
Priyadri

Hi Priyadri, It was me. I have not gone through my ILR application yet, this is because the time has not come yet.
I will try Solihull PEO, because they will assess applications before taking payment. If they definitely know that we will be refused, they will advise before we go head. In this way, we can avoid losing thousands of pounds.
Check your private message.

priyadri wrote:My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

Can you pls explain the simple caution of theft as it will give exact idea wht happened and what code of notice(s) are issued to polic etc? Then some seniors and guru can comment. As suggested by alanwong try at B'ham PEO as they take payment after checks or done.

@Kiranchinnu,

Thanks for replying..

Details of the simple caution for theft.. it was an unfortunate and embarrassing event of theft in Debenhams retail central london.. value of the products £300.. we accepted the offence.. were arrested.. taken to the police station.. all our details recorded and were given a simple caution..

after a few days we were also contacted by the RLP (Retail Loss Prevention|) and also ended up paying a fine of £220

Other than this this there is no bad record or anything amiss in our application.

what do you think could happen in this case .. the event happened 16 months ago.

Looking forward to your reply

Regards,
Gautami

@alanwong

did u get my private mesage?

P

Hi Priyadri, It was me. I have not gone through my ILR application yet, this is because the time has not come yet.
I will try Solihull PEO, because they will assess applications before taking payment. If they definitely know that we will be refused, they will advise before we go head. In this way, we can avoid losing thousands of pounds.
Check your private message.[/quote]

priyadri wrote:@Kiranchinnu,

Thanks for replying..

Details of the simple caution for theft.. it was an unfortunate and embarrassing event of theft in Debenhams retail central london.. value of the products £300.. we accepted the offence.. were arrested.. taken to the police station.. all our details recorded and were given a simple caution..

after a few days we were also contacted by the RLP (Retail Loss Prevention|) and also ended up paying a fine of £220

Other than this this there is no bad record or anything amiss in our application.

what do you think could happen in this case .. the event happened 16 months ago.

Looking forward to your reply

Regards,
Gautami

Hmmm... i think no one can say anything for sure here as this is a theft releated caution , did you speak with any solicitor , if not speak with atleast 4 different solicitors so see there views. Did you check the CRB or got SAR from police?

priyadri wrote:@alanwong

did u get my private mesage?

P

Hi Priyadri, It was me. I have not gone through my ILR application yet, this is because the time has not come yet.
I will try Solihull PEO, because they will assess applications before taking payment. If they definitely know that we will be refused, they will advise before we go head. In this way, we can avoid losing thousands of pounds.
Check your private message.

[/quote]

Yes, I replied.

alanwong wrote:

priyadri wrote:Hi AlanWong,

Thanks for your response, much appreciated.
Does only Solihull PEO let us know about the caution or can that happen at any PEO.
We are planning to go through a solicitor and after a lot of troublesome research we have got someone reasonable and affordable but he will represent us only in Croydon.
I have heard that in every PEO they do checks before you do the payment, like basic checks. Is that true ?

I had also seen a post earlier with the same username as 'AlanWong' about a similar question to UKBA and they replied with a 24 months criteria for cautions. Was it you and in that case has your application gone through ?

King Regards & Thanks,
Priyadri

Hi Priyadri, It was me. I have not gone through my ILR application yet, this is because the time has not come yet.
I will try Solihull PEO, because they will assess applications before taking payment. If they definitely know that we will be refused, they will advise before we go head. In this way, we can avoid losing thousands of pounds.
Check your private message.

Allan,
Its a great advice for me. I want to go for PEO but was thinking of loosing money.
Great Mate.
Londener

priyadri wrote:@Kiranchinnu,

Thanks for replying..

Details of the simple caution for theft.. it was an unfortunate and embarrassing event of theft in Debenhams retail central london.. value of the products £300.. we accepted the offence.. were arrested.. taken to the police station.. all our details recorded and were given a simple caution..

after a few days we were also contacted by the RLP (Retail Loss Prevention|) and also ended up paying a fine of £220

Other than this this there is no bad record or anything amiss in our application.

what do you think could happen in this case .. the event happened 16 months ago.

Looking forward to your reply

Regards,
Gautami

Hi.
I. Hv cautin on shoplifting as well.
Plz clear me police said u pay the fine. And urself it is important or not.
When i was caught go to police station fi accept the offence. Take a photo and finger print. I was too confused.
I dont he ask me abt fine.
After i come back to home. And i didnt receive any letter abt fine. No court involve.
Plz tell me it is necessary to pay fine loss prevention if it is plz tell me detail where i pay fine.
My caution .reprimand.warning is six year ago.
Plz clear this thing.
Thanks

AS its 6 years ago you should be ok. Mine is 17 months back si I am worried.

priyadri wrote:AS its 6 years ago you should be ok. Mine is 17 months back si I am worried.

I also believe that . Six year is too long to be spent as you are not under imprisonment .
Keep your mind cool.
Lon

priyadri wrote:AS its 6 years ago you should be ok. Mine is 17 months back si I am worried.

thanks
plz tell me i need pay any fine retail loss prevention
thanks

londener wrote:

priyadri wrote:AS its 6 years ago you should be ok. Mine is 17 months back si I am worried.

I also believe that . Six year is too long to be spent as you are not under imprisonment .
Keep your mind cool.
Lon

thanks
just tell me i need to pay any retail loss prevention
shoplifting worthof £70.00,
really i do big mistake i regret my self every time

Hi,

Has anyone got any success in such cases? or knows who has?
I am in a similar situation & almost shitting myself...my theft conviction will be just 15 months old by the time i apply for ILR in May.

@AlanWong @Priyadri & other senior members please can you guys advice the best approach? Do you think going through a solicitor will be a good idea?

please help!

Really appriciate any reply please.

@panmetrix24
Did you get convicted for the theft or was it a caution ?

My case is of Simple Caution and I have not seen anyone on this forum with this case.

alanwong wrote:

priyadri wrote:My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

According to the immigration rules 322-1C, your application will be refused.

Note that 322(1C) refers to convictions, not cautions.

vinny wrote:

alanwong wrote:

priyadri wrote:My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

According to the immigration rules 322-1C, your application will be refused.

Note that 322(1C) refers to convictions, not cautions.

I believe 322(1c) now includes part iv which relates to non custodial sentences or where the applicant has admitted to an offence I.e. a caution. In such cases 24 months must lapse otherwise the application will be refused.

priyadri wrote:@panmetrix24
Did you get convicted for the theft or was it a caution ?

My case is of Simple Caution and I have not seen anyone on this forum with this case.

You must wait 24 months until you apply for Ilr otherwise it will be refused, the rules are very clear. Caution (any) in the last 24 months = refusal. The caution will be recorded on the pnc. A caution means you admitted to an offence.

D4109125 wrote:I believe 322(1c) now includes part iv which relates to non custodial sentences or where the applicant has admitted to an offence I.e. a caution. In such cases 24 months must lapse otherwise the application will be refused.

Yes. You are correct.

322(1C) wrote:(iv) they have, within the 24 months preceding the date of the application, 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.

1. About this guidance, reasons for refusing and checks wrote:A police caution forms part of a person's criminal record and therefore
if a person has a caution within the relevant timeframe, you must:

refuse the application (where mandatory), or

consider refusing the application (where discretionary).

priyadri wrote:@panmetrix24
Did you get convicted for the theft or was it a caution ?

My case is of Simple Caution and I have not seen anyone on this forum with this case.

I was not convicted, only given a simple caution.
Are you waiting for 24 months before you apply or going ahead with it?

panmetrix24 wrote:

priyadri wrote:@panmetrix24
Did you get convicted for the theft or was it a caution ?

My case is of Simple Caution and I have not seen anyone on this forum with this case.

I was not convicted, only given a simple caution.
Are you waiting for 24 months before you apply or going ahead with it?

If you get a caution it means you admitted guilt which is akin to a conviction with a non custodial sentence which means refusal if in last 24 months.