have been cautioned after submitting my citizen appication

[reda]

I have been cautioned after I applied for citizenship
i submit my application on march after dispute with my ex wife the police come and take me to the police station where they take my fingers print,photo and DNA and they issued for me domestic violence caution on may my application still on progress what shall I do?

[Amber]

I have been cautioned after I applied for citizenship
i submit my application on march after dispute with my ex wife the police come and take me to the police station where they take my fingers print,photo and DNA and they issued for me domestic violence caution on may my application still on progress what shall I do?

Please clarify, were you arrested before you submitted the application? Did you commit the offence as a caution is an admittance of guilt and can be akin to a conviction and domestic violence is something serious in which the HO offence will not normally disregard despite it being your only (I assume) 'conviction' (I use the term loosely).

[reda]

I have been cautioned after I applied for citizenship
i submit my application on march after dispute with my ex wife the police come and take me to the police station where they take my fingers print,photo and DNA and they issued for me domestic violence caution on may my application still on progress what shall I do?

Please clarify, were you arrested before you submitted the application? Did you commit the offence as a caution is an admittance of guilt and can be akin to a conviction and domestic violence is something serious in which the HO offence will not normally disregard despite it being your only (I assume) 'conviction' (I use the term loosely).

I was arrested after submitted the application,yes i admitted pushing her with open hand to get her out of my way,i thought is the only way to avoid the court,is my only one conviction,do i have to inform HO?
do i have any chance despite it being issued after submitted the application?

[Amber]

You must inform the HO if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

Unfortunately given the fact that you have admitted to domestic violence and have received a simple police caution, I would be inclined to say that your application will now be refused, and you will be subject to a 3 year wait until you can apply again.

[reda]

You must inform the HO if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

Unfortunately given the fact that you have admitted to domestic violence and have received a simple police caution, I would be inclined to say that your application will now be refused, and you will be subject to a 3 year wait until you can apply again.

can you check this letter if is OK,and where I send it
do you think is better I withdraw my application?


Further Information



Dear Sir,







Enclosed please find further information happened after submitting my citizenship application
application sent on 19/03/13 and received from Ukba on 21/03/13.
I have received a simple police caution on 01/05/2013 after dispute with my ex wife.
as in my mind no court no conviction,I admitted pushing her with open hand to get her out of my way as it was the only way to avoid the court and have no bad surprise on my application outcome
Recently I found out that I should inform you about my Caution which although not a conviction.
Please feel free to contact me in case you have further enquire regarding this matter.






Yours Sincerely,

[reda]

could you provide me the address where I can inform them.

[Amber]

You must inform the HO if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

Unfortunately given the fact that you have admitted to domestic violence and have received a simple police caution, I would be inclined to say that your application will now be refused, and you will be subject to a 3 year wait until you can apply again.

can you check this letter if is OK,and where I send it
do you think is better I withdraw my application?


Further Information



Dear Sir,







Further to my recent application for citizenship. My application was sent on 19/03/13 and received by you, on 21/03/13.

Since submitting my application I have received a simple police caution on 01/05/2013. The caution was for [insert offence]. I am taking this opportunity to inform you of the caution I accepted, as to avoid anymore animosity between myself and my ex-wife. I would ask you to consider using your discretion when deciding my case.

Please feel free to contact me in case you have further enquire regarding this matter.






Yours Sincerely,

[Amber]

I have made some changes to your letter above. There is no point in withdrawing your case as you'll just lose your money. Expect a rejection unless they use their discretion (unlikely given the nature of the offence). Send the letter by recorded delivery.

Department 1
UK Border Agency
The Capital
New Hall Place
Liverpool
L3 9PP

[reda]

I have made some changes to your letter above. There is no point in withdrawing your case as you'll just lose your money. Expect a rejection unless they use their discretion (unlikely given the nature of the offence). Send the letter by recorded delivery.

Department 1
UK Border Agency
The Capital
New Hall Place
Liverpool
L3 9PP

thank you for your help,I have one more question.
I going to apply for spouse visa on September I wondering if this caution affect my spouse visa application too.

[psb]

What would happen if this assault happened after approval of citizenship is granted but before citizenship ceremony?

[Amber]

I have made some changes to your letter above. There is no point in withdrawing your case as you'll just lose your money. Expect a rejection unless they use their discretion (unlikely given the nature of the offence). Send the letter by recorded delivery.

Department 1
UK Border Agency
The Capital
New Hall Place
Liverpool
L3 9PP

thank you for your help,I have one more question.
I going to apply for spouse visa on September I wondering if this caution affect my spouse visa application too.

I shouldn't, the applicant (your spouse) will be subject to the suitability requirement, not you.

[Amber]

What would happen if this assault happened after approval of citizenship is granted but before citizenship ceremony?

I doubt that it would have any affect once a decision has been made. However, there is always the ability to remove someone's citizenship unless they're stateless without.

[Ayyubi72]

What if the cat crosses your path while you are on your way to citizenship ceremony?

[Amber]

Can the OP please provide an update as to the result for their case?

[sidra4015]

Can the OP please provide an update as to the result for their case?

Hellow/D4109125 Can please tell me what happen with your citizenship application,are you withdra or not,because i have also cimiler case cautions but not disclose they refused and ban for 10 year

[Amber]

Can the OP please provide an update as to the result for their case?

Hellow/D4109125 Can please tell me what happen with your citizenship application,are you withdra or not,because i have also cimiler case cautions but not disclose they refused and ban for 10 year

Do you mean, you had a police caution, did not disclose it and were banned for 10 years?

[sidra4015]

Can the OP please provide an update as to the result for their case?

Hellow/D4109125 Can please tell me what happen with your citizenship application,are you withdra or not,because i have also cimiler case cautions but not disclose they refused and ban for 10 year

Do you mean, you had a police caution, did not disclose it and were banned for 10 years?

yes is police caution banned for 10 years,said if you apply before 10 year is likely be refused

[Amber]

What were you cautioned for?

When were you cautioned?

When did you apply for citizenship?

When did you get a decision?

[sidra4015]

What were you cautioned for?

When were you cautioned?

When did you apply for citizenship?

When did you get a decision?

1: Cautioned for repreasant fall documents
2: Cautioned for 2 years warning from couart start from september 2011-2013
3: Applied on november 2011,received decison february 2012

[sidra4015]

What were you cautioned for?

When were you cautioned?

When did you apply for citizenship?

When did you get a decision?

is there any chance if i apply again september 2013,because cautioned has passed,and apologise on my act

[Amber]

You need to be clear. Were you given a police caution by the police or were you convicted at court? What was the exact offence and under which piece of legislation? Please be clear about exactly what happened otherwise I cannot say.

[sidra4015]

You need to be clear. Were you given a police caution by the police or were you convicted at court? What was the exact offence and under which piece of legislation? Please be clear about exactly what happened otherwise I cannot say.

thanks,convicted in court,plead guilty,using credit card for some one else,i hope is it clear now

[Amber]

Well that's not a police caution you were convicted, what was your sentence, was it a 2 years suspended sentence? Also, why did you not declare it on the application, was this intentional?

[sidra4015]

Well that's not a police caution you were convicted, what was your sentence, was it a 2 years suspended sentence? Also, why did you not declare it on the application, was this intentional?

yes it is covicted two year warning not happen again same thing in two year time,i am not disclose because one my friend told not disclose,they are not go through in details,not check your criminal record

[Amber]

That friend who told you that couldn’t be more wrong, the Home Office have direct access to the Police National Computer.

When you applied in 2011 your conviction was not spent as per the 1974 Act. Thus it would have been a mandatory refusal, given the conviction was for dishonesty. Now that would have been it, just a straight forward refuse but given that you failed to declare a conviction when the question clearly states have you ever been convicted that would prima facie amount to deception. Deception is one of the most serious allegations and understandably creates an immediate presumption that you were of Bad Character. In such circumstances a 10 year citizenship ban is arguably justified.

If you had waited until either the conviction was spent or until 3 years had lapsed (post December 2012) then you would have been successful. For the purpose of Good Character (post Dec/12), the non-custodial conviction lapsed following 3 years since it was issued. If you apply before 2022 you face a real likelihood of immediate rejection and loss of the fees.

The only way around this would be to show some reason that you did not intend to deceive the UKBA i.e. you received professional advice saying that you did not need to declare the conviction, but you didn’t you listened to a friend and tried to deceive the Home Office. Given the fact that the conviction of a suspended sentence had not even expired, trying to rebut the presumption of deception is near on impossible.

If you do reapply you must declare the conviction and tick yes! Furthermore, you must write a letter explaining in depth why you believe your character is good and why the caseworker should use discretion and ignore the ban that is in place (do not just pretend you were not banned). Unless you can show exceptional reasons you will be refused.