SET o refusal for Police Caution, what next

rocketeer · Post by **rocketeer** » Mon Oct 19, 2015 11:37 pm

My SET(O) was refused due to a Police caution 322C (iv)that was received 6 months before I made the ILR application based on 5 years on Tier 1.

Is there anyway we can obtain limited leave to remain so as to prove that the offence was one-of andnot repeated so that we are able to stay until 24 months are lapsed before making another SET(O) application.

Post by **Obie** » Tue Oct 20, 2015 12:37 am

Why did you apply for ILR and lost so much money when you know that you had an unspent conviction?

You option is to apply for an extension of your Tier 1, until 2 years has elapsed.

Post by **vinny** » Tue Oct 20, 2015 12:50 am

Unfortunately, if you are under Tier 1 (General), then extending is no longer an option. Can you switch to Tier 2 (General)?

ilrvisanow · Post by **ilrvisanow** » Tue Oct 20, 2015 7:00 am

You can argue about the nature of caution.

Could you please give us bit more details about why were you given caution and did you contest it?

rocketeer · Post by **rocketeer** » Tue Oct 20, 2015 8:56 am

Currently I posted a FLR O application to avoid overstay.
I could switch to tier2 general I suppose but wouldnt the same grounds for refusal also have my tier 2 rejected?

rocketeer · Post by **rocketeer** » Tue Oct 20, 2015 9:00 am

ilrvisanow wrote:You can argue about the nature of caution.

Could you please give us bit more details about why were you given caution and did you contest it?

It was a domestic incident. My wife hurt me and was violent so I raised my hand on her. She then called the police.
I didn't ask for lawyer only because I didnt want to press charges againt my wife or perhaps to fight for justice so hard so as to cause her to get a criminal record and to safeguard my wife and baby as I didn't think this would have that much of a detrimental effect. Looking back I know I shouldve called a lawyer but hind-sight is an amazing thing.

Post by **vinny** » Tue Oct 20, 2015 9:24 am

rocketeer wrote:Currently I posted a FLR O application to avoid overstay.
I could switch to tier2 general I suppose but wouldnt the same grounds for refusal also have my tier 2 rejected?

Refusal under 322(1C) is only applicable to indefinite leave to remain applications.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Tue Oct 20, 2015 9:38 am

OP, sorry to hear about your case. I am afraid I can't be of much help. But, could you let me know if criminal convictions don't matter in an Flr O application? I mean will they not consider the conviction for FLR?

Post by **Obie** » Wed Oct 21, 2015 1:37 am

vinny wrote:
rocketeer wrote:Currently I posted a FLR O application to avoid overstay.
I could switch to tier2 general I suppose but wouldnt the same grounds for refusal also have my tier 2 rejected?
Refusal under 322(1C) is only applicable to indefinite leave to remain applications.

I believe 322 (1)(c) is a mandatory ilr refusal for ILR.

However it may be open to the secretary of state to exercise discretionary under 322 (5) and refuse on grounds of conduct , association .

Even Tier2 will not be an option if the discretion in 322 (5) is invoked.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Wed Oct 21, 2015 3:52 pm

Obie, could you respond to my question too if you can?

My query is basically if someone is not able to qualify for ILR because of criminality, can they apply for FLR instead only in order to buy time.

ilrvisanow · Post by **ilrvisanow** » Wed Oct 21, 2015 6:18 pm

You must:
Talk to your wife to drop charges if you are in good terms with her and challange the caution.

rocketeer · Post by **rocketeer** » Sun Nov 01, 2015 7:47 pm

ilrvisanow wrote:ilrvisanow

There are no charges and apparently caution cannot be dropped once accepted.

rocketeer · Post by **rocketeer** » Mon Nov 02, 2015 5:33 pm

Could someone explain the process of first tier tribunal appeals process when ILR is refused due to 3221C
How many days from the date of refusal Can we launch an appeal and typically what are the timelines.
How is an appeal accepted or refused and what are the possible options after
How long does each of these options take typically

Post by **CR001** » Mon Nov 02, 2015 7:02 pm

The link below to your previous post so that people can understand the context of your question.

http://www.immigrationboards.com/genera ... l#p1264031

rocketeer · Post by **rocketeer** » Tue Apr 19, 2016 8:03 pm

Im trying to get an idea of the processing times for Admin Review from the HO. Currently my ILR application is in Admin review and I wonder when I should expect a decision. I understand the HO guidance says withtin 28 days from the date of the AR application but a lot of people havent heard back in 28 days hence the query.
My date of Admin review was on 24th March and I still havent received a decision. Anyone else in similar circumstances please publish your admin review dates.

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SET o refusal for Police Caution, what next

SET o refusal for Police Caution, what next

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Admin review processing times