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Police caution

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Motherindilemma
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Police caution

Post by Motherindilemma » Wed Oct 31, 2018 10:31 pm

:cry: I received a police caution on 16th October 2018, I need to apply for ILR before June 2020 ... I have 2 kids... Will my ILR application be successful or not ?

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Djsuccess
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Nigeria

Re: Police caution

Post by Djsuccess » Thu Nov 01, 2018 12:00 am

Motherindilemma wrote:
Wed Oct 31, 2018 10:31 pm
:cry: I received a police caution on 16th October 2018, I need to apply for ILR before June 2020 ... I have 2 kids... Will my ILR application be successful or not ?
Can you provide more information on the caution? is it a formal caution? You might need to check your police record.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Motherindilemma
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Re: Police caution

Post by Motherindilemma » Thu Nov 01, 2018 12:22 am

Djsuccess wrote:
Thu Nov 01, 2018 12:00 am
Motherindilemma wrote:
Wed Oct 31, 2018 10:31 pm
:cry: I received a police caution on 16th October 2018, I need to apply for ILR before June 2020 ... I have 2 kids... Will my ILR application be successful or not ?
Can you provide more information on the caution? is it a formal caution? You might need to check your police record.
I think it is a formal one , got a yellow signed paper

Motherindilemma
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Re: Police caution

Post by Motherindilemma » Thu Nov 01, 2018 12:23 am

Motherindilemma wrote:
Thu Nov 01, 2018 12:22 am
Djsuccess wrote:
Thu Nov 01, 2018 12:00 am
Motherindilemma wrote:
Wed Oct 31, 2018 10:31 pm
:cry: I received a police caution on 16th October 2018, I need to apply for ILR before June 2020 ... I have 2 kids... Will my ILR application be successful or not ?
Can you provide more information on the caution? is it a formal caution? You might need to check your police record.
I think it is a formal one , got a yellow signed paper
It was a stupid mistake to make by accepting it n thinking it won't affect me , can the case work use discretion in such cases ?

Motherindilemma
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Re: Police caution

Post by Motherindilemma » Thu Nov 01, 2018 12:24 am

Motherindilemma wrote:
Thu Nov 01, 2018 12:22 am
Djsuccess wrote:
Thu Nov 01, 2018 12:00 am
Motherindilemma wrote:
Wed Oct 31, 2018 10:31 pm
:cry: I received a police caution on 16th October 2018, I need to apply for ILR before June 2020 ... I have 2 kids... Will my ILR application be successful or not ?
Can you provide more information on the caution? is it a formal caution? You might need to check your police record.
I think it is a formal one , got a yellow signed paper
How can I check my police records ?

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zimba
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Re: Police caution

Post by zimba » Thu Nov 01, 2018 12:55 am

For ILR, things that are recorded on your criminal record matter. Unfortunately police caution is recorded on your criminal record even though it is not a criminal conviction, so your ILR is affected for 24 months from the date of a police caution
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Motherindilemma
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Re: Police caution

Post by Motherindilemma » Thu Nov 01, 2018 9:12 am

Zimba wrote:
Thu Nov 01, 2018 12:55 am
For ILR, things that are recorded on your criminal record matter. Unfortunately police caution is recorded on your criminal record even though it is not a criminal conviction, so your ILR is affected for 24 months from the date of a police caution
Can't the CW use discretion ? I'll only be short of 4 months when I apply plus I don't any other issue

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zimba
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Re: Police caution

Post by zimba » Thu Nov 01, 2018 3:29 pm

No. The rules are clear that you will be refused ILR if you had an out-of-court disposal in the last 24 months (e.g. a police caution)

See 322(1C) https://assets.publishing.service.gov.u ... 9.0EXT.PDF
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Djsuccess
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Nigeria

Re: Police caution

Post by Djsuccess » Thu Nov 01, 2018 3:59 pm

Motherindilemma wrote:
Thu Nov 01, 2018 9:12 am
Zimba wrote:
Thu Nov 01, 2018 12:55 am
For ILR, things that are recorded on your criminal record matter. Unfortunately police caution is recorded on your criminal record even though it is not a criminal conviction, so your ILR is affected for 24 months from the date of a police caution
Can't the CW use discretion ? I'll only be short of 4 months when I apply plus I don't any other issue

What is your Immigration history? What type of visa do you currently hold? Depending on your current situation, you might be able to extend your visa for 1 more year before applying for ILR
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Motherindilemma
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Posts: 7
Joined: Wed Oct 31, 2018 10:23 pm
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Re: Police caution

Post by Motherindilemma » Thu Nov 01, 2018 5:20 pm

I'm on spouse visa

Motherindilemma
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Sorry people !

Post by Motherindilemma » Fri Nov 02, 2018 2:59 pm

I thought I got a police caution but it's a community resolution , shall I disclose it in my ILR form, will it affect me in any way ?? :oops:

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zimba
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Re: Police caution

Post by zimba » Fri Nov 02, 2018 3:13 pm

First of all DO NOT start another topic on the forum, stick to this one please :!: :!:

Unlike a police caution, community resolution does not need to be declared and will not affect your ILR as it is NOT recorded on your criminal record. (It will be only on Police database) However this may be considered if you apply for British citizenship
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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