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Quries related to the Caution section of the form

Posted: Thu Aug 10, 2023 10:08 am
by lemonsing
Hello everyone,

I am applying for the ILR through the five years skilled worker route. A section related to the crime records asks whether you have any warnings, cautions, etc.

1. The problem was when I returned to the UK in July(Last month) from a vacation. I was found at the UK border that there was meat and eggs in my suitcase. The meat and eggs were confiscated. And they gave me a notice which recorded my passport number, and I signed it. I didn't get any fines as it was the first time.

I'm a bit confused about whether the notice from UK Border is a formal warning. Should I declare it in my application form?

2. Another thing was two years ago. I got a mail saying I was caught for exceeding speeding. It asked me to attend a class, and I did. Should I declare it in the form?

Thank you very much.

Re: Quries related to the Caution section of the form

Posted: Thu Aug 10, 2023 10:21 am
by Ticktack
lemonsing wrote:
Thu Aug 10, 2023 10:08 am
Hello everyone,

I am applying for the ILR through the five years skilled worker route. A section related to the crime records asks whether you have any warnings, cautionsKeywords, etc.

1. The problem was when I returned to the UK in July(Last month) from a vacation. I was found at the UK border that there was meat and eggs in my suitcase. The meat and eggs were confiscated. And they gave me a notice which recorded my passport number, and I signed it. I didn't get any fines as it was the first time.

I'm a bit confused about whether the notice from UK Border is a formal warning. Should I declare it in my application form?

2. Another thing was two years ago. I got a mail saying I was caught for exceeding speeding. It asked me to attend a class, and I did. Should I declare it in the form?

Thank you very much.
Declare them, they should have no effect on your application. Better safe than sorry.

Re: Quries related to the Caution section of the form

Posted: Thu Aug 10, 2023 10:37 am
by lemonsing
Thanks for your suggestion.

But from the “Grands for refusal - Criminality,” it's clear that simple cautions don't need to be declared.

Simple cautions are not covered by the exemption in Section 4 of the Rehabilitation of Offenders Act 1974. This means that 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.

Do the "notice from the border", and "attend an exceeding speeding class" a simple caution?

Thanks.

Re: Quries related to the Caution section of the form

Posted: Thu Aug 10, 2023 1:31 pm
by zimba
No. None of the things you mentioned needs to be declared. You were not cautioned in any of those cases.

Those are not what a 'caution' is. You are often cautioned by the police for admitting a minor offence and when the police force chose not to send you to court to be prosecuted. If you were not formally given a caution by the police, then you were not 'cautioned'. It is very specific.

See: https://www.libertyhumanrights.org.uk/a ... e-caution/

Re: Quries related to the Caution section of the form

Posted: Thu Aug 10, 2023 4:06 pm
by lemonsing
Thanks a lot for your suggestion and the explanation of "Caution"

Evidence of immigration status of ILR Application

Posted: Mon Oct 23, 2023 1:49 pm
by lemonsing
Hello,

I'm uploading the required supporting documents for my set(o) application. it asked for the following documents:
  • Evidence of my immigration status in the UK
    Current Biometric Residence Permit for myself
I am not sure about what evidence of immigration status is. as my original visa was 3 years in length, and then I renewed it for another 2 years. So I don't have a valid visa that shows my immigration status. but I got a new BRP that is valid till next month.

Could you please let me know if I can use my BRP as evidence of immigration status? or if I need to obtain another document?

Thanks,
Mei

Re: Evidence of immigration status of ILR Application

Posted: Mon Oct 23, 2023 1:51 pm
by meself2
Your BRP is your evidence.