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Can apply a visa on police caution

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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rajkumar100483
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Joined: Mon Mar 03, 2014 4:14 pm

Can apply a visa on police caution

Post by rajkumar100483 » Mon Mar 03, 2014 4:17 pm

Hi,

I had withdrawal my Tier 1 visa extension due to my family problems and the decision had been taken a while and that time I've to go to my home country so applied for a withdrawal my application. one day I got the call from UKBA and asked me to come to the Sheffield office due to some checks on my Tier 1, actually first time I've applied through one xxxxx company and the UKBA had been doing the investigation on that company because they got to know that company was not existed and they trying to prove that company was a fake, UKBA had raised many questions about that company and i had given the information about some agent and that agent did whole my documentation and I paid the fees for that service. Finally they mentioned you'll get the police caution for these false documents and I got the police caution. but they didn't mentioned anything about that i wont able to apply for any future visas and given my passport back and traveled to my country.
Now I would like to come to UK and I've a wast experience in UK as a IT Developer and I got the Tier 2 sponsorship and I would like to apply for Tier2 now, is that make any problem to getting the visa?
Please send me your valuable comments on my case.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Can apply a visa on police caution

Post by manci » Tue Mar 04, 2014 9:27 am

you are likely to have had a re-entry ban but from the information provided it is difficult to establish for how long. Suggest you get your HO records by submitting a SAR (subject access request). It costs £10 and has to be made by writing to:
The Data Protection Unit
Lunar House
40 Wellesley Rd
Croydon

rajkumar100483
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Posts: 5
Joined: Mon Mar 03, 2014 4:14 pm

Re: Can apply a visa on police caution

Post by rajkumar100483 » Tue Mar 04, 2014 9:45 am

Here I would like to give you one more information, they’ve given the letter by saying that my application had withdrawn but not mentioned anything that my application got refused. And not written anything back side of my passport, my friend got the same issue but he got written some reference number back side of his passport.
And one more question, I’m currently out of UK, so can they able to email me about my HO records?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Can apply a visa on police caution

Post by manci » Tue Mar 04, 2014 1:41 pm

The HO are obliged to provide the SAR within 40 days. You have to provide your details and send them a £10 cheque. It is usually a photocopy of all papers they have on their file, in your case it would be quite a large package. Ask them if they would provide this by email (I doubt it) or send it to your address abroad.

read this:
http://www.google.co.uk/url?sa=t&rct=j& ... NbwkF1I0Lw

rajkumar100483
Newly Registered
Posts: 5
Joined: Mon Mar 03, 2014 4:14 pm

Re: Can apply a visa on police caution

Post by rajkumar100483 » Fri Apr 03, 2015 4:09 am

manci wrote:The HO are obliged to provide the SAR within 40 days. You have to provide your details and send them a £10 cheque. It is usually a photocopy of all papers they have on their file, in your case it would be quite a large package. Ask them if they would provide this by email (I doubt it) or send it to your address abroad.

read this:
http://www.google.co.uk/url?sa=t&rct=j& ... NbwkF1I0Lw
Recently I had requested Subject Access Records to UKBA, in this SAR records my last application status was shown as withdrawn and one more record was there by saying that UKBA Prosecution was given and the outcome was cautioned.

For the information I left the UK on 15th Aug 2013, I left voluntarily with my own expenses and I was married on Dec-2010 and I have 1.8 yrs baby.

Now my wife got Tier 2 General visa and she is currently staying in UK from past 3 months, and I made a Tier2 General Dependent visa 2 months ago, but I haven’t heard any decision from UKBA. Actually out of country applications processing time will be 6 weeks, still the decision is in pending.

Can I get my visa under 320(7b) or any human rights? Was there any ban for me? If so how long it will be? I got the below ban information from UKBA site, so from this my one year ban was finished right?

• One year if you leave voluntarily, without our having to pay or contribute to the costs of your departure;
• Five years if you leave voluntarily at the Government's expense;
• Ten years if we remove or deport you.

You're help will be really appreciated, please help me on above questions

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Can apply a visa on police caution

Post by manci » Fri Apr 03, 2015 9:46 am

in your application for the PBS dependant visa have you declared the police caution?

rajkumar100483
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Posts: 5
Joined: Mon Mar 03, 2014 4:14 pm

Re: Can apply a visa on police caution

Post by rajkumar100483 » Fri Apr 03, 2015 10:24 am

manci wrote:in your application for the PBS dependant visa have you declared the police caution?
No I didn't, there was no option to declare about this police caution. new online application form don't have this question.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Can apply a visa on police caution

Post by manci » Fri Apr 03, 2015 11:00 am

no question about criminal record?
Although a police caution is not a conviction it is shown on the person's criminal record.

rajkumar100483
Newly Registered
Posts: 5
Joined: Mon Mar 03, 2014 4:14 pm

Re: Can apply a visa on police caution

Post by rajkumar100483 » Fri Apr 03, 2015 11:14 am

manci wrote:no question about criminal record?
Although a police caution is not a conviction it is shown on the person's criminal record.
There was a question about criminal record as mentioned below but I thought police caution is not a conviction, so I didn't mentioned .

Do you have any criminal convictions in any county (Including Spent/Unspent convictions and traffic offences)?

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