Simple Police cautions will affect EEA2 and EEA4

[skandans]

Dear All,

I would like to know if simple police cautions for common assault will make an impact on EEA2/EEA4 under new immigration law after 13th 2012.

Regards
SK

[Directive/2004/38/EC]

I would like to know if simple police cautions for common assault will make an impact on EEA2/EEA4 under new immigration law after 13th 2012.

EEA2 and 4 are application forms.

I am not really an expert in criminal law and do not know precisely what common assault is, but if it is just a caution (no jail time), then there will likely be no issue for somebody who is a family member of an EU citizen, where the EU citizen is legally resident in the UK.

If either the EU citizen or the family member are serious threats to national security or are persistent serious criminals, then they can likely be removed from the country.

As far as I know there are no changes in the law relevant to EU citizens or their family members.

[skandans]

Hi Guru,

I have found this on following website

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Cautions
3.5.5 As a caution forms part of a person’s criminal record, when determining whether an
applicant meets the "good character" requirement, caseworkers must take them
into account. Where the application was made on or after 13 December 2012 a caution comes within the ‘non custodial offence’ threshold. As such, where someone has a caution within 3 years of their application, it should be refused.
Where the application was made on or before 12 December 2012, cautions would
not normally be taken into account when assessing the good character requirement
unless they fall into one of the following
a. If the caution or cautions are of a sexual nature that require the individual to be included on the Sex Offenders Register. Any application received whilst the individual is subject to reporting requirements on the Sex Offenders Register should be refused (see section 5 for further guidance).
b. If the individual has received multiple cautions that show a pattern of
offending, which causes harm to other individuals or to the community in
general, and which, on the balance of probabilities, indicates the applicant is not of good character.

I am not sure it will applicable to Non EEA family member of EEA national.

[Directive/2004/38/EC]

That is for people who want to naturalize to be a British citizen. You would only be able to do that one year after you had PR, which is typically 5 years from now.

[skandans]

Hi Guru,

I have already spend about 4 years and 5 months in UK , I plan to apply for a EEA4 in next year. I am worried about the changes in law. I am just confused I need to mention about the caution in the application form. But they only ask details for criminal convictions.

Regards
SK

[Directive/2004/38/EC]

I have already spend about 4 years and 5 months in UK , I plan to apply for a EEA4 in next year. I am worried about the changes in law. I am just confused I need to mention about the caution in the application form. But they only ask details for criminal convictions.

Mentioning it will not have a negative impact.

You are not, from your description, either a threat to national security or a serious serial offender. Those would be problems.