Immigrationboards.com

Hi

I've been helping my friend apply for citizenship, we have already submitted the forms online.

He had a simple caution in 2014 for harassment over some text messages to an ex (it was all really stupid, he just wanted his things back). He was adamant nothing was given to him, but as we've been collecting documents we have found out he did get issued with a simple caution.

I have contacted the citizenship and nationality enquiries team and they have suggested sending in a letter to explain.

Is it too late now, will this be an automatic refusal? When we applied for his residence permit non of this was an issue, do they do a more in-depth check? I'm not sure what to do for the best?

Any advice would be greatly appreciated

When was the application submitted? Whichever way, I think it's definitely a good idea to send a cover letter explaining the situation, and to do so as soon as possible. I'm not sure what effect disclosing this will have on the application--probably none as it was more than 3 years ago and it was not a conviction. If he fails to disclose and the Home Office find out though (which they likely will), that could certainly lead to refusal (and to a lengthy 10 year ban, on the basis of deception). Others with more knowledge on this can comment further.

Thanks for your reply. We submitted it on 24/02 I'm worried I'm going to make things worse for him, is there any reason it wasn't flagged when getting his residence permit, I just don't want to be the reason it gets refused by bringing attention to it But I also know, if nothing is said and it's seen it will be a bigger problem

danjg wrote: ↑

Thu Feb 28, 2019 11:30 am

Thanks for your reply. We submitted it on 24/02 I'm worried I'm going to make things worse for him, is there any reason it wasn't flagged when getting his residence permit, I just don't want to be the reason it gets refused by bringing attention to it But I also know, if nothing is said and it's seen it will be a bigger problem

An RC application (presumably he is an EEA family member or EU citizen) is a completely different set of rules and requirements under the EU regulations.

Citizenship is wholly UK law and has the good character requirement that must be met and yes, HO do make all the checks with the other government departments and databases.

danjg wrote: ↑

Thu Feb 28, 2019 11:30 am

Thanks for your reply. We submitted it on 24/02 I'm worried I'm going to make things worse for him, is there any reason it wasn't flagged when getting his residence permit, I just don't want to be the reason it gets refused by bringing attention to it But I also know, if nothing is said and it's seen it will be a bigger problem

It will definitely be seen: simple cautions are recorded on the Police Database, so there's really no reason not to disclose this (more info here: https://assets.publishing.service.gov.u ... e-2015.pdf).

danjg wrote: ↑

Thu Feb 28, 2019 11:30 am

Thanks for your reply. We submitted it on 24/02 I'm worried I'm going to make things worse for him, is there any reason it wasn't flagged when getting his residence permit, I just don't want to be the reason it gets refused by bringing attention to it But I also know, if nothing is said and it's seen it will be a bigger problem

I totally agree with Konsog. This was a non-custodial disposal and outside of the three-year window, it should not be a reason in itself to deny citizenship. To do so would be disproportionate.

I advise you to urgently write a letter to UKVI explaining and apologising for your mistake and humbly requesting that they use their discretion in your case. Include all details of your application, such as:- name, date of birth, UKVI case number, contact details.

You can send the letter (tracked and signed for) to UKVI at:

Department 1
UKVI
The Capital
New Hall Place
Liverpool
L3 9PP

Thanks all. I will get a letter sent off for him asap. Do I need to go into much detail with explaining what it was for?

It was all so stupid I've never known anyone get arrested over some angry messages, the fact it can cause this many problems too...

danjg wrote: ↑

Thu Feb 28, 2019 11:57 am

Thanks all. I will get a letter sent off for him asap. Do I need to go into much detail with explaining what it was for?

It was all so stupid I've never known anyone get arrested over some angry messages, the fact it can cause this many problems too...

Harrassment is a criminal offence in the UK.

https://www.citizensadvice.org.uk/law-a ... arassment/

So is theft, but she got away with it. I was witness to it all, he had simply sent some angry messages asking for his things back and quite rightly in my opinion. She gutted the house, even cutlery. Either way it happened, it was stupid and fingers crossed it won't be a problem. He's a decent guy, I wouldn't be trying to help him if not. But thanks again