[Urgent] Need some help regarding to Immigration Rules part 9: grounds for refusal 322 1(C)

[samojerom]

Hi all,

I am currently trying to apply ILR (or so called permanent residence) in the UK based on that I have already lived here for 10 years. However, I found that I have got a simple caution due to some family argument and I have to accept the simple caution to get out of the police station (I was so stupid to accept this without thinking too much).

It seems that now I can't apply the ILR because the simple caution was within the 24 months. Based on the Immigration Rules part 9: grounds for refusal 322 1(C), the case worker will refuse my application. Ref: https://www.gov.uk/guidance/immigration ... or-refusal

However, it seems to me that this t&c only applied for people who want to apply the ILR:
(1C) where the person is seeking indefinite leave to enter or remain: ...

My question is: if now I applied the T1 or T2 visa instead of the ILR will the case worker be able to refuse my application based on this 322 1(C)? If I got a T1 or T2 visa, and after a few months, I will be able to apply the ILR because my simple caution will pass the 24 months limit. When I say T1 or T2 visa, I mean particular the Tier 1 (Exceptional Talent) or Tier 2 (General).

Or simply the question is if I have got a simple caution within 24 months, can I apply Tier 1 (Exceptional Talent) or Tier 2 (General)? Will this get failed because of the simple caution?

This is so urgent because my current T2 visa will be expired very soon. Thanks so much for your suggestions!!!

[zimba]

You cannot get ILR unless the caution is at least 24 months old. You can however apply for another visa

[samojerom]

You cannot get ILR unless the caution is at least 24 months old. You can however apply for another visa

Thanks very much!

[samojerom]

So it means if I got everything else ready (documents and etc), the caseworkers will not reject my application because of this 'simple caution' record? Thanks.

[zimba]

You will be refused ILR if you had a caution in the last 24 months, no matter what. For other visas, a simple caution is not serious enough and will not lead to a refusal

[samojerom]

You will be refused ILR if you had a caution in the last 24 months, no matter what. For other visas, a simple caution is not serious enough and will not lead to a refusal

Thanks very much for your kindly help!