Applying for ILR with a simple caution for theft

[aamir421]

All of you who have any police caution during 24 months preceding the date of application will get refusal. This is called Mandatory refusal. its not discrestionary anymore. According to the new guidlines for caseworker. if caution is with in 24 months, application will be refused.

[priyadri]

Is anyone aware of any case of refusal due to a caution in past 24 months.
Unfortunately the change is so recent that I have not seen any examples of refusals.

Just need some live examples.

[alanwong]

All of you who have any police caution during 24 months preceding the date of application will get refusal. This is called Mandatory refusal. its not discrestionary anymore. According to the new guidlines for caseworker. if caution is with in 24 months, application will be refused.

I actually called UKBA recently and asked whether a simple caution which was issued within 24 months preceding to ILR application date would lead to a mandatory refusal. I was told that they could not advise on any particular case and it would be up to caseworkers to decide.
Why is it like this?

[Gagan1986]

Correct, they cannot comment on a particular case. If it is within 24 months chances are 99% it will be refused if it appears of PNC and Crb checks.

[kiranchinnu]

@Kiranchinnu,

Thanks for replying..

Details of the simple caution for theft.. it was an unfortunate and embarrassing event of theft in Debenhams retail central london.. value of the products £300.. we accepted the offence.. were arrested.. taken to the police station.. all our details recorded and were given a simple caution..

after a few days we were also contacted by the RLP (Retail Loss Prevention|) and also ended up paying a fine of £220

Other than this this there is no bad record or anything amiss in our application.

what do you think could happen in this case .. the event happened 16 months ago.

Looking forward to your reply

Regards,
Gautami

Hmmm... i think no one can say anything for sure here as this is a theft releated caution , did you speak with any solicitor , if not speak with atleast 4 different solicitors so see there views. Did you check the CRB or got SAR from police?

Did yout get your CRB and Sar from police station?

[Tig Arnold]

My partner and I are thinking of applying for ILR in the begining of March.. through the 5 year route. everything is done.. we have our documents ready

But the problem is that we have been given a simple caution for theft about a year and 5 months ago.

Would we still be able to get the ILR? Do we need to declare it in the good character section or in the cover letter?

What are the chances of a rejection.

Please help

Hi can you please tell me how you understand when they are saying within 24 months preceding the date of the application ? Lets say i have applied by post 10 of February . Is that mean the date of application is 10 of February or the day they decide your application. Thank you

According to the immigration rules 322-1C, your application will be refused.

Note that 322(1C) refers to convictions, not cautions.

I believe 322(1c) now includes part iv which relates to non custodial sentences or where the applicant has admitted to an offence I.e. a caution. In such cases 24 months must lapse otherwise the application will be refused.

[priyadri]

Yes, we recently got our CRB check done from Disclosure scotland and there was nothing on it. It said zero cautions/convictions.

I want to try in birmingham but cant see any appointments.

[Tig Arnold]

Yes, we recently got our CRB check done from Disclosure scotland and there was nothing on it. It said zero cautions/convictions.

I want to try in birmingham but cant see any appointments.

Hi can you please tell me how you understand when they are saying within 24 months preceding the date of the application ? Lets say i have applied by post 10 of February . Is that mean the date of application is 10 of February or the day they decide your application. Thank you

According to the immigration rules 322-1C, your application will be refused.

[priyadri]

Can anyone help with a easy way of getting a appointment in Solihull PEO for applications with 1 Dependant like do you know any immigration lawyers who are good at giving a date for Solihull on short notice.

The IKBA site is rubbish and I am really struggling.

[Amber]

Yes, we recently got our CRB check done from Disclosure scotland and there was nothing on it. It said zero cautions/convictions.

I want to try in birmingham but cant see any appointments.

What level of crb did you get? You can only get yourself a basic disclosure if not part of a job and that will not show any cautions! The pnc is where you need to check using a sar.

[Gagan1986]

Can anyone help with a easy way of getting a appointment in Solihull PEO for applications with 1 Dependant like do you know any immigration lawyers who are good at giving a date for Solihull on short notice.

The IKBA site is rubbish and I am really struggling.

Try between 1.30am to 2am, most of Solihull appointment come available then

[kiranchinnu]

Yes, we recently got our CRB check done from Disclosure scotland and there was nothing on it. It said zero cautions/convictions.

I want to try in birmingham but cant see any appointments.

UKBA does more than CRB, pls apply SAR from police in this link :

http://content.met.police.uk/Article/Ma ... 0005855548

that's a good choice go to b'ham to avoid fee loss at least.

[Kevin24]

For Bio-metrics, UKBA does a very Enhanced "wider UK" check. Hence it takes around 2 hours at PEO appointments. It is suppose to be a real thorough check on an individual.

[panmetrix24]

hi all,

I am pretty sure I am wrong but still wanted to double check, does the new criminality threshold rule (12 Dec 2012) apply to every single visa category applying for ILR or only PBS?

[Gagan1986]

hi all,

I am pretty sure I am wrong but still wanted to double check, does the new criminality threshold rule (12 Dec 2012) apply to every single visa category applying for ILR or only PBS?

13th Dec 2013 about criminality threshold rule is applicable to all categories applying for ILR

[panmetrix24]

hi all,

I am pretty sure I am wrong but still wanted to double check, does the new criminality threshold rule (12 Dec 2012) apply to every single visa category applying for ILR or only PBS?

13th Dec 2013 about criminality threshold rule is applicable to all categories applying for ILR

noted thanks Gagan.

[Isaac01]

Hi All.
If you see my application in the family members area you will see that I obtained a police caution in Nov 2011.
When it came to ILR in Feb 2013, instead of applying for ILR as the guidance notes said it was a mandatory refusal I got an extension of my current visa.
When the 24 months are up I will apply for ILR.

[panmetrix24]

hi all,

I am pretty sure I am wrong but still wanted to double check, does the new criminality threshold rule (12 Dec 2012) apply to every single visa category applying for ILR or only PBS?

13th Dec 2013 about criminality threshold rule is applicable to all categories applying for ILR

noted thanks Gagan.

@ Gagan, will it be ok if PM you a query?

[Gagan1986]

hi all,

I am pretty sure I am wrong but still wanted to double check, does the new criminality threshold rule (12 Dec 2012) apply to every single visa category applying for ILR or only PBS?

13th Dec 2013 about criminality threshold rule is applicable to all categories applying for ILR

noted thanks Gagan.

@ Gagan, will it be ok if PM you a query?

Go ahead

[Ridik]

So wait, if you haven't admitted to anything or signed the warning/caution and the police take no further action, you are ok?

I basically had a copper show up at my door with a warning letter for me to sign and I refused to sign it or admit the offence as I was not guilty and knew it. I said take me to court if you want. No summons was issued and a cop called me to tell me they were "closing the issue." So surely that should not result in my refusal even if it does show up on PNC as I argued(and still argue) my innocence?

[Gagan1986]

So wait, if you haven't admitted to anything or signed the warning/caution and the police take no further action, you are ok?

I basically had a copper show up at my door with a warning letter for me to sign and I refused to sign it or admit the offence as I was not guilty and knew it. I said take me to court if you want. No summons was issued and a cop called me to tell me they were "closing the issue." So surely that should not result in my refusal even if it does show up on PNC as I argued(and still argue) my innocence?

What was the reason police showed up at the door?

[sayome_now]

@ Ridik

Well, according to the rule for general ground for refusal, there must be an admission of guilt either by post or in person for application to be adversely affected. Without an admission of guilt, IMHO, you should be fine.

But the record would still be on PNC though.

[Ridik]

@ Ridik

Well, according to the rule for general ground for refusal, there must be an admission of guilt either by post or in person for application to be adversely affected. Without an admission of guilt, IMHO, you should be fine.

But the record would still be on PNC though.

Awesome thanks for the advice pal. I will be speaking with solicitor about it first as they will be submitting my application and all that. I have no problem declaring it anyway as I really didn't do anything, just wanted to know if I'm automatically barred from acceptance now. Cheers. Good luck with your guy's apps.

[akash08]

Not sure why people are so keen on Solihull PEO. They definitely do not check criminal records before taking payment. They clearly say that you will get ILR provided criminal checks are fine. They said that to me and to everyone else.

So, yes, if you have doubt on other things, try Solihull, you can save money but in this particular case, Solihull will be of no help!!

[priyadri]

Hi All,

I have got my ILR approval letter. Thanks to everyone on this forum especially Gagan, Alanwong and uksettlement. I know the pressure I went through so I dont want the rest of the guys to go through the same hence below is a detailed story:

I went to Solihull PEO, this PEO is the best as they actually checked my application completely including the caution. I had ticked 'NO' to all the question in section 7 including 7.10 but explained the caution in the additional space.
The case worker read the caution details and asked me what was the caution for and I confirmed that it was for shoplifting. She said OK.
The thing that worked in my favour was I got the caution in Oct 2011 (17 months from date of application) but I did my Tier 2 ICT Visa extension in July 2012 where my company had not declared the caution.
So, the case worker asked was confident as she said this caution has already appeared in our system during the Tier 2 extension and they are aware of it. I said OK and kept quite.
The case worker then confirmed that caution is OK doesnt matter it is just a warning. She was a experienced British person in her late 40's and I am sure she would know about the rule changes but she said its fine.

Later she took my last month's salary slip and bank statement. One document for cohab, Life in UK test certificate, Company letter and thats all.
She went and did some checks and said its all fine. This caution wont impact and your application will go through given the fact that you have no criminal conviction and the payment goes through.

I did my biometric and over there you just have to mention where was your last biometric taken so I said for my Teir 2 ext lucky I had done my ext after my police caution so I didnt had to mention the police station but I dont think that matters.

Then I waited for 20 mins and a person from reception said its all fine come i 2 hours. I went after 2 hours and they handed over the letter and original docs to me.

So, all fine. I can confirm that the caution doesnt impact.

Also, please dont go to any solicitors this forum can help much more than any solicitors they havent got a clue about anything can are just there to take your money.

All the best to the rest of the guys. Drop me a note if you need any help.