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Getting a new Tier 4 visa with a caution

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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JPLdn
Newly Registered
Posts: 2
Joined: Thu May 26, 2011 12:50 am

Getting a new Tier 4 visa with a caution

Post by JPLdn » Thu May 26, 2011 1:05 am

Hello all,

I figured I would start my own thread on this after about two days of somewhat panicked googling. I have found cases in which undergraduate students with cautions were assured (albeit online) that this would not effect their ability to get a work visa or a student visa afterward. My situation, however, is slightly different.

I have never seen a case on a forum that was not shoplifting or something else along those lines. I've got a common assault caution from a drunken incident in final year of uni which could more or less be described as self-defense gone too far. It will be slightly over a year since the incident when I apply for my visa, but I already hold a masters acceptance to a top UK university. I'm a US citizen who did his undergrad at a top UK uni as well.

Has anyone encountered a similar case regarding visas either on here or otherwise? Given what I've heard from forums and by polling law student friends, I will have to declare the caution on the 3rd question (6.14) and attach accompanying information. I suspected this because of the wording in a caution itself in which it is described as potential evidence of bad character in court. I would assume that also applies to matters of immigration and that does seem to be the case.

Thank you and apologies for the length of the post.

SSEF
Junior Member
Posts: 63
Joined: Sat Jul 03, 2010 10:02 pm

Re: Getting a new Tier 4 visa with a caution

Post by SSEF » Fri May 27, 2011 3:02 pm

JPLdn wrote:Hello all,

I figured I would start my own thread on this after about two days of somewhat panicked googling. I have found cases in which undergraduate students with cautions were assured (albeit online) that this would not effect their ability to get a work visa or a student visa afterward. My situation, however, is slightly different.

I have never seen a case on a forum that was not shoplifting or something else along those lines. I've got a common assault caution from a drunken incident in final year of uni which could more or less be described as self-defense gone too far. It will be slightly over a year since the incident when I apply for my visa, but I already hold a masters acceptance to a top UK university. I'm a US citizen who did his undergrad at a top UK uni as well.

Has anyone encountered a similar case regarding visas either on here or otherwise? Given what I've heard from forums and by polling law student friends, I will have to declare the caution on the 3rd question (6.14) and attach accompanying information. I suspected this because of the wording in a caution itself in which it is described as potential evidence of bad character in court. I would assume that also applies to matters of immigration and that does seem to be the case.

Thank you and apologies for the length of the post.
It didnt go to court so I wouldnt worry about it, you were not formally charged since it was just a caution - bit a slap on the wrist if you like - if a statement and witness statements were taken I'd include them to show that it wasnt really your fault in the first place and that you were in fact just defending yourself - if that was in fact the case (sorry for tone, but I dont know the facts). To be honest if they allow people who drink and drive to gain ILR then you having a bit of a fisty cuffs on a Saturday isnt really a bit deal to be honest - part of student life :D Good luck and remember next time some idiot is cruizing for a bruising then let one of your other mates take up the challenge!

As a side note, the UK is a lot more relaxed than the US where immigration so if it was American law students you were polling then they may have a less positive view of your chances.

JPLdn
Newly Registered
Posts: 2
Joined: Thu May 26, 2011 12:50 am

Re: Getting a new Tier 4 visa with a caution

Post by JPLdn » Fri May 27, 2011 4:03 pm

SSEF wrote:
JPLdn wrote:Hello all,

I figured I would start my own thread on this after about two days of somewhat panicked googling. I have found cases in which undergraduate students with cautions were assured (albeit online) that this would not effect their ability to get a work visa or a student visa afterward. My situation, however, is slightly different.

I have never seen a case on a forum that was not shoplifting or something else along those lines. I've got a common assault caution from a drunken incident in final year of uni which could more or less be described as self-defense gone too far. It will be slightly over a year since the incident when I apply for my visa, but I already hold a masters acceptance to a top UK university. I'm a US citizen who did his undergrad at a top UK uni as well.

Has anyone encountered a similar case regarding visas either on here or otherwise? Given what I've heard from forums and by polling law student friends, I will have to declare the caution on the 3rd question (6.14) and attach accompanying information. I suspected this because of the wording in a caution itself in which it is described as potential evidence of bad character in court. I would assume that also applies to matters of immigration and that does seem to be the case.

Thank you and apologies for the length of the post.
It didnt go to court so I wouldnt worry about it, you were not formally charged since it was just a caution - bit a slap on the wrist if you like - if a statement and witness statements were taken I'd include them to show that it wasnt really your fault in the first place and that you were in fact just defending yourself - if that was in fact the case (sorry for tone, but I dont know the facts). To be honest if they allow people who drink and drive to gain ILR then you having a bit of a fisty cuffs on a Saturday isnt really a bit deal to be honest - part of student life :D Good luck and remember next time some idiot is cruizing for a bruising then let one of your other mates take up the challenge!

As a side note, the UK is a lot more relaxed than the US where immigration so if it was American law students you were polling then they may have a less positive view of your chances.
Thanks for the rather positive response. I'm trying to get all of my information together and the victim involved was actually an acquaintance of mine so I could probably talk him into writing a letter for me (we were on the same sports team at university.)

Basically I said something insulting to him, he grabbed me, I thought it was a much less serious situation until he hit me and then I responded with a flurry of about 6 punches and kicks. Hence the whole self-defense gone too far thing.

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