caution and ilr and naturalisation

[aaliya1986]

hi all,

asking this for a friend. he is due an ilr via long residency in 3 months time however he has had a caution from the police back in 2009 (late 2009).

he was arrested by the police while in possession of a class b (Cannabis), small quantity. fingerprints taken, dna taken and later left with a caution. no papers or anything given at that time.
since than he has made multiple visa applications for tier 4 and never refused nor disclosed this information.

will he have to disclose this information in the ILR application form?
will this have an effect on his Naturalisation application?

P.S - he is not a drug abuser infact, his friend asked him to go to a place and get it for him and he was just getting it for his friend, but he was caught when he had it. so bad luck for him really.

honest answers and guidance will be appreciated.

thanks.

[aaliya1986]

any input anyone please? really looking forward for some replies.

[zimba]

No. It should not affect the ILR or citizenship as this happened more than 24 months ago.

[aaliya1986]

No. It should not affect the ILR or citizenship as this happened more than 24 months ago.

Dear zimba88

thank you so much for the reply.

As it will not affect the ILR and citizenship, does he have to disclose this information in the form?

Specifically for questions...

E3. Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country? will it be a Yes or No?

E7. Have you been arrested and charged in any country with any criminal offence and are awaiting, or are currently on trial? This question is confusing, does he have to answer yes or no for this? he is not awaiting any trial or etc.

once again thank you for the responses.

[zimba]

E3. Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country? will it be a Yes or No?

Yes, he should disclose the caution

E7. Have you been arrested and charged in any country with any criminal offence and are awaiting, or are currently on trial? This question is confusing, does he have to answer yes or no for this? he is not awaiting any trial or etc.

This will be No obviously

[aaliya1986]

E3. Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country? will it be a Yes or No?

Yes, he should disclose the caution

E7. Have you been arrested and charged in any country with any criminal offence and are awaiting, or are currently on trial? This question is confusing, does he have to answer yes or no for this? he is not awaiting any trial or etc.

This will be No obviously

thank you for the reply zimba88. the last question he had is:

he did not disclose this caution in his recent tier 4 application and got the visa. He does not clearly remember whether there was such a question in the tier 4 form or not.

So, if there was a question on tier 4 form and he answered 'no' to that, will it not be a problem if it is answered 'yes' this time?
or can he just answer 'no' and it will be fine?

thank you.

[zimba]

He must answer the questions truthfully. As I pointed above, it has to be disclosed but as it happened more than 24 months ago it will not lead to an automatic refusal.

[aaliya1986]

He must answer the questions truthfully. As I pointed above, it has to be disclosed but as it happened more than 24 months ago it will not lead to an automatic refusal.

thank you zimba88, that is reassuring for him.

moreover, cautions may not lead to automatic refusals but can it still be used to refuse the ilr? having read the policy guidance it says it should not lead to automatic refusal as you said but 'can it still lead to a refusal?'

[zimba]

Highly unlikely that he gets a refusal on that ground

[aaliya1986]

hi,

so we've been filling the application form and it requires the dates for when the caution was issued.

he does remember the year but not the month or the date.

is it okay to just insert the year in the application form?

thanks.

[aaliya1986]

anyone?

[aaliya1986]

anyone willing to share some ideas on the above please?

is it okay to just insert the year in the application form? for when the caution was received. as the exact date is not remembered.

replies will be very much appreciated