how will police caution affect Tier 2 Application?

[malathil]

Dear All
My husband got a police caution due to domestic argument.
The police caution led to refusal of our ILR applications recently (coz it is within 2 years).
My husband have got a job offer, and I am wondering whether the police caution and his ILR refusal will have any negative impact on our new Tier 2 application? I believe it should not lead to refusal of our Tier 2 application, because I can not find any rule about this.
However just on the safe side, I am seeking advice from gurus or anyone who had gone through similar situation.

Thanks in advance.

[geriatrix]

Under which rule was the settlement application refused?
Did your husband receive a conditional police caution?

[malathil]

Under which rule was the settlement application refused?
Did your husband receive a conditional police caution?

Dear sushdmehta, our applications were refused under the general grounds for refusal which is rule 322 (iv). The police caution is not conditional, it is a simple police caution. It was a big mistake. I only wanted to scare my husband. I did not know it would lead to such a mess. I did not even make a formal complaint (I refused to sign anything).

[geriatrix]

Must be 322(1C)(iv). Police caution leads to a criminal record, hence 322(1C)(iv) applies.

But, because the said rule is only applicable for indefinite leave to remain (settlement) application, the police caution will not have an effect on a limited leave to remain (extension / switching) application as a PBS migrant.

Do also note that if there is a police caution in the 12 months preceding an entry clearance application (i.e.- visa application from outside the UK), the entry clearance application will be refused (320(18A)).

[malathil]

Must be 322(1C)(iv). Police caution leads to a criminal record, hence 322(1C)(iv) applies.

But, because the said rule is only applicable for indefinite leave to remain (settlement) application, the police caution will not have an effect on a limited leave to remain (extension / switching) application as a PBS migrant.

Do also note that if there is a police caution in the 12 months preceding an entry clearance application (i.e.- visa application from outside the UK), the entry clearance application will be refused (320(18A)).

Thanks for your reply, sir. Particularly for the last point, we are in UK now. We do not intend to apply outside UK.

[WinnieYew]

Does this mean that after your Tier2 visa, (which is limited in time), you can still not apply for PR or ILR ? What's the point of staying in the Uk if you know for sure that at some point in your life you will have to leave?

Just curious... if someone can clarify?

[malathil]

Does this mean that after your Tier2 visa, (which is limited in time), you can still not apply for PR or ILR ? What's the point of staying in the Uk if you know for sure that at some point in your life you will have to leave?

Just curious... if someone can clarify?

Hello, Sir. the caution will lapse after two years.

[ganesh123]

Does this mean that after your Tier2 visa, (which is limited in time), you can still not apply for PR or ILR ? What's the point of staying in the Uk if you know for sure that at some point in your life you will have to leave?

Just curious... if someone can clarify?

Hello, Sir. the caution will lapse after two years.

Hi Malathil,

Could your husband get the tier 2 visa? I am in the same boat

[Lloyd2442]

Does this mean that after your Tier2 visa, (which is limited in time), you can still not apply for PR or ILR ? What's the point of staying in the Uk if you know for sure that at some point in your life you will have to leave?

Just curious... if someone can clarify?

Hello, Sir. the caution will lapse after two years.

Hi Malathil,

Could your husband get the tier 2 visa? I am in the same boat

Did you get your VISA? I have some traffic violations from 2008 and a disorderly conduct from 2009. Will this prevent me from getting my VISA? Do they run a background check on you?

[angelov]

Hi Guys, could anyone respond to what was the result?

[CR001]

Hi Guys, could anyone respond to what was the result?

This topic is from 2013 and some responses from 2015. Members no longer active on the forum.

Kindly refrain from digging up old topics to tag onto.