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Police Caution Whilst Overseas

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

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Randomtom
Newly Registered
Posts: 2
Joined: Fri Dec 28, 2018 12:12 am
Bangladesh

Police Caution Whilst Overseas

Post by Randomtom » Fri Dec 28, 2018 12:19 am

Hi All,

Hope everyone is having a good Christmas Break.

I am on a tier 2 (general) visa that expires sometime in 2019.

Whilst on holiday in a foreign country (not UK), I was given a police caution for a minor incident (In this country, police warnings are NOT recorded on any criminal records and are purely an internal record for their police force).

I have a couple of questions regarding this that I really hope someone can help:

1. Do I have any obligation to declare this (and if so, how?) to the home office as part of my tier 2 obligations or do I only need to declare this when I apply to extend my tier 2 / apply for ILR?

2. I understand that a mandatory ground for refusal for the ILR is that "they have, within the 24 months
preceding the date of the application,been convicted of or admitted an offence for which they have received a noncustodial sentence or other out of court disposal that is recorded on their criminal record"

Now, I understand that a police caution is treated as a an out of court disposal in the UK (and will show up on DBS checks). However, since in the country that I got the caution, this is purely an internal police record (with no records on my criminal file), could this affect my ILR application if I apply within 24 months? I will be able to bring the official caution letter as supporting evidence as it clearly states on it that the warning does not equate to a criminal record.

Thanks and have a great new year!!

Randomtom
Newly Registered
Posts: 2
Joined: Fri Dec 28, 2018 12:12 am
Bangladesh

Re: Police Caution Whilst Overseas

Post by Randomtom » Sat Dec 29, 2018 9:20 am

Anyone have any ideas?

Thanks!

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