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If the applicant has a police caution, does it effect the Naturalization application?

I searched in Guidance AN and Booklet AN, but could not find anything related specifically to a police caution.

need_a_tier1 wrote:If the applicant has a police caution, does it effect the Naturalization application?

I searched in Guidance AN and Booklet AN, but could not find anything related specifically to a police caution.

It depends on when the caution was issued.
It will lead to refusal if it is within 3 years.

Cautions
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. Where the application was made on or
before 12 December 2012, cautions would not normally be taken into account when
assessing the good character requirement unless they fall into one of the following
a. If the caution or cautions are of a sexual nature that require the individual to be
included on the Sex Offenders Register. Any application received whilst the
individual is subject to reporting requirements on the Sex Offenders Register should
be refused (see section 5 for further guidance).
b. If the individual has received multiple cautions that show a pattern of offending,
which causes harm to other individuals or to the community in general, and which, on
the balance of probabilities, indicates the applicant is not of good character.

from page6 of
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

That explains it.

Wonder why they don't ask about it in Form AN and why there is no mention of it in guide AN or Booklet AN.

Just to add, this is now an important requirement and application will be refused if the applicant has had cautions in the three years prior to the application.

From AN was updated in December 2012. Was this requirement added to the Form?

Hi there I had a police caution and did not need to declare on the form(caution was in 2006) as I applied in october. But unfortunately I think the new laws state that if you have a caution within last 3 years you won't be approved!

I think the OP needs to be more forthcoming.

vinitmanu wrote:I think the OP needs to be more forthcoming.

I'm sorry, I didn't get what you mean - my mistake.

I do have a police caution from 2008 and was asked the 'any police cautions' question at my recent NCS appointment. I was rightly told that any cautions received less 3 years ago will lead in a refusal. Fortunately (or rather Unfortunately), my caution was in 2008. NCS did go ahead with my application when I mentioned that caution was in 2008 (> 3 years ago).

But, again, it came as a surprise to me as I didn't see any mention of a police caution anywhere in the form or guidance.

In the worst case scenario, I would have been kicking myself for not applying earlier, as the rules changed only on 13th Dec 2012 and I became eligible for Naturalization in Nov 2012.

gus please please please tell me do we need to tell that we have a caution on good character disclosing if it is more than 3 years old?

or shall I just ignore it...

many thanks

According to http://www.ukba.homeoffice.gov.uk/briti ... character/
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'What is an unspent conviction?

If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent.

If you have been convicted of a criminal offence but the rehabilitation period has passed by the time you make your application you do not need to provide details of the conviction on your application form.'
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This indicates if it is spent then you do not need to declare it.

thanks Spear

wishes

Khan

Hi

I recently made an application for naturalisation and i had an old police caution in 2007.
At my NCS appointment the lady advised me that this was not relevant to be declared on the form as it was more than 3 years ago. I insisted that i was worried , she there and there , whilst i was in the room, called homeoffice on a direct line and spoke to one of management for case workers who advised the same information.

So I would say dont worry if your caution is more than 3 years unless its of a sexual nature, that would be refused.

zimba many thanks for this information

zimba2205 wrote:Hi

I recently made an application for naturalisation and i had an old police caution in 2007.
At my NCS appointment the lady advised me that this was not relevant to be declared on the form as it was more than 3 years ago. I insisted that i was worried , she there and there , whilst i was in the room, called homeoffice on a direct line and spoke to one of management for case workers who advised the same information.

So I would say dont worry if your caution is more than 3 years unless its of a sexual nature, that would be refused.

Same thing happened during my appointment as well. The lady called someone on a direct line (not sure if it was UKBA/HomeOffice or someone locally at NCS) and the reply was to proceed with the application if the caution is more than 3 years old.

need_a_tier1 wrote:

zimba2205 wrote:Hi

I recently made an application for naturalisation and i had an old police caution in 2007.
At my NCS appointment the lady advised me that this was not relevant to be declared on the form as it was more than 3 years ago. I insisted that i was worried , she there and there , whilst i was in the room, called homeoffice on a direct line and spoke to one of management for case workers who advised the same information.

So I would say dont worry if your caution is more than 3 years unless its of a sexual nature, that would be refused.

Same thing happened during my appointment as well. The lady called someone on a direct line (not sure if it was UKBA/HomeOffice or someone locally at NCS) and the reply was to proceed with the application if the caution is more than 3 years old.

hiya mate so you didnt not mention it on the application form or did you mention.. please answer.. many thanks khan

No, I wan't even aware that I have to mention the police caution.

As I said, that this news came as a surprise to me, my application form was filled before hand and the lady at NCS did not ask me to add anything extra in the Form.

She did have a checklist, which had a question about the police caution - to which she ticket 'yes'.

I think that checklist will be enclosed with my application as myself and my wife had to sign it on page 2.

Hello

I was told, advised by NCS and Home office advisor, I didnt have to put the caution on form under good character as it was old "spent" and not a "conviction", said the NCS advisor.

Also after reading the annex D for good character, a caution comes under A non-custodial offence. The new rules state

"Where someone has a caution within 3years of their application IT should be refused. Where the application was made on or before 12 December 2012". So If its over three years this will become not relevant unless caution was of an sexual nature
HOPE THIS HELPS, SO YOU DO NOT HAVE TO DISCLOSE IT ON FORM IF IT IS MORE THAN 3 YEARS OLD.

All the best guys.

Zimba, how did it go? Where you successful in your naturalisation?

Cheers

It would be of interest and helpful for those who have cautions on their records that after doing some research need_a_tier_1 , Zimba2205, milleniumx99 were all successful in their BC applications and the important thing to note is that they all applied after the change in BC rules which came into force on 12 December 2012 and in all cases applicants were given police cautions before the implementation of new rules but when they applied their cautions had already been spent which gives a strong hope to those people who have some sort of caution(except violence,drugs or sexual) on their record that after 3 years they have a pretty strong chance of approval if they meet all other requirements and if only ONE caution is their only headache.

Given you caution in 2014 has not been spent for BC ( 3 years) it is unlikely your application will be successful.

What I would suggest, is to contact the HO asap and let them know you forgot to mention your caution in 2014. This is mainly because they might hold you for deception and ban for 10 years. If you notified them now, although your application may be successful, you may be able to apply again in 2017.

I am a newbie so hopefull more expereienced members will respond