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Help needed with applying for Citizenship through ILR
Posted: Fri Jun 17, 2022 7:07 am
by kiwifringe
Hi all,
I'm looking to apply for citizenship after obtaining ILR about 3 years ago. The problem that I have is that when applied for ILR it was done as joint claim with family and I didn't disclose that I had a simple caution which was issued in 2013 as the forms weren't filled by myself but through a third party.
Now when applying for citizenship I will obviously disclose that caution as I'm filling out the forms myself but I'm worried that my ILR will be revoked for grounds of deception.
Any help would be appreciated!
Thanks
Re: Help needed with applying for Citizenship through ILR
Posted: Fri Jun 17, 2022 5:46 pm
by manci
kiwifringe wrote: ↑Fri Jun 17, 2022 7:07 am
I'm worried that my ILR will be revoked for grounds of deception.
I am not sure what the rules were in 2019 when you applied for ILR but under current rules your application would only have fallen for mandatory refusal if the caution you received had been within a 24 month period prior to the date of the application. This wasn't the case as you received the caution in 2013 and applied in 2019.
Also according to current rules p 20/21
https://assets.publishing.service.gov.u ... nality.pdf
simple cautions do not need to be declared and failure to do so is not in itself a basis for refusal. Even if an applicant does choose to declare spent cautions, you must not take these into account in your assessment of their criminal history. You can only consider unspent cautions for that purpose.
This means that under current rules non-disclosure of your spent caution in 2019 would not have affected the ILR decision.
Although the HO have
discretionary powers to cancel a permission under section 9.7.3 of the immigration rules IMO this is very unlikely to happen in your case.
Re: Help needed with applying for Citizenship through ILR
Posted: Fri Jun 17, 2022 7:51 pm
by kiwifringe
manci wrote: ↑Fri Jun 17, 2022 5:46 pm
kiwifringe wrote: ↑Fri Jun 17, 2022 7:07 am
I'm worried that my ILR will be revoked for grounds of deception.
I am not sure what the rules were in 2019 when you applied for ILR but under current rules your application would only have fallen for mandatory refusal if the caution you received had been within a 24 month period prior to the date of the application. This wasn't the case as you received the caution in 2013 and applied in 2019.
Also according to current rules p 20/21
https://assets.publishing.service.gov.u ... nality.pdf
simple cautions do not need to be declared and failure to do so is not in itself a basis for refusal. Even if an applicant does choose to declare spent cautions, you must not take these into account in your assessment of their criminal history. You can only consider unspent cautions for that purpose.
This means that under current rules non-disclosure of your spent caution in 2019 would not have affected the ILR decision.
Although the HO have
discretionary powers to cancel a permission under section 9.7.3 of the immigration rules IMO this is very unlikely to happen in your case.
Thank you so much! that's super reassuring to read
