ILR and Criminal Record

ikhan · Post by **ikhan** » Fri Dec 21, 2007 4:43 pm

hello

i am applying for ILR on the basis of my marriage, my wife is british, i was arrested this year for domestic violence, i want to know do i have to disclose it on the set(m) form in section 9.

if i do disclose it, is it going to affect my application or not ??

2. my wife is getting housing and council tax benfits, does she have to stop it before i apply for my visa..

please reply soon,

thanks

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 4:52 pm

Were you charged? Are you awaiting a court hearing? Was the matter dropped?

Your wife can still claim benefits, that's fine.

Victoria

ikhan · Post by **ikhan** » Fri Dec 21, 2007 4:55 pm

i was arrested, i accepted my mistake, and i was given a caution

VictoriaS wrote:Were you charged? Are you awaiting a court hearing? Was the matter dropped?

Your wife can still claim benefits, that's fine.

Victoria

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 4:59 pm

My understanding from reading the form and from looking at the Rehabilitation of Offenders Act is that you do not have to disclose a police caution.

Victoria

ikhan · Post by **ikhan** » Fri Dec 21, 2007 5:05 pm

Thanks for your prompt respose Victoria, very much appreciated

The defination of Rehabilition of offenders is:

The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'.

but i wasn't given any rehabilitation period.
Question no. 8.2 :

Have you or any dependants included in this application ever been charged in any country with a criminal offence for which you have not yet been tried in court?

do you think domestic violence is a Criminal offence??

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 5:19 pm

This is a criminal offence, which could have carried a criminal conviction, but as you were only served with a police caution this is not a criminal conviction. A caution remains on your police record, but does not have to be disclosed to any other authority. It may be brought up if you commit another offence, or if you apply for certain jobs, ie teaching, the police.

http://www.homeoffice.gov.uk/police/powers/cautioning/

Victoria

ikhan · Post by **ikhan** » Fri Dec 21, 2007 5:33 pm

Phewwww

Thanks ALOT Victoria,

much obliged,
have a lovely weekend, and a very merry Christmas

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 5:53 pm

No worries.

Victoria

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ILR and Criminal Record

ILR and Criminal Record