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Caution Help Please

Posted: Wed Mar 09, 2016 12:27 pm
by hich
Hi,
We are applying for the citizenship in a few weeks. I wanted to know if I need to mention in the application a caution that I got last year from UKBA customs for cigarettes more than the allowed limit. I just received a caution letter on the spot from the customs officer and the cigarettes were confiscated. I did not get a fine or get called to court etc... I have read on the forum about similar issue and senior members advised that this is not an issue and not the sort of caution we need to declare in the application and of people who applied with similar issue and got accepted.

Can senior members please confirm this is indeed the case? Can you also confirm that there has not been any recent change of law or methods that makes reporting such cautions mandatory? Finally what is the black and white cut off between what cautions need to be mentioned and what cautions do not need to (if anybody has a link to official UKBA guidelines it would be great). And does it hurt to err on the cautious side and mention such caution in the application or is it black/white that this not a caution of the sort that UKBA is asking about.

We have waited so long to finally apply and get the citizenship and we just do not want to do anything that may be considered as false representation or misleading UKBA and hence get a ban to apply etc...

Thanks for you help in advance.

Re: Caution Help Please

Posted: Thu Mar 10, 2016 10:43 am
by hich
Can someone in the know from the senior members please help?
Thanks

Customs Caution and good character section in application

Posted: Fri Mar 11, 2016 12:37 pm
by hich
Please can someone help on this?

Re: Caution Help Please

Posted: Fri Mar 11, 2016 12:45 pm
by ohara
Have you read the AN Booklet? Pages 15 and 16 specifically:
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record
Application will normally be refused if the conviction occurred in the last 3 years.
A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4) includes Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential Court Orders.
If the caution you received was not recorded on your criminal record then I imagine it won't be a problem. You really need to find out whether it is or not.

Re: Caution Help Please

Posted: Fri Mar 11, 2016 4:16 pm
by hich
Ok tks I will google how to check the criminal record. I doubt it got recorded as it was one pack on top of limit and I did not receive a fine or court order etc. My only worry is if they sent such letter and it did not get delivered for some reason so will check the criminal record for ease of mind. If this is not on the criminal record then do we need to mention it in the application or not?
H

Re: Caution Help Please

Posted: Fri Mar 11, 2016 6:00 pm
by Amber
This is not a police caution but a warning letter which shouldn't have any affect nor should it need declaring.

Re: Caution Help Please

Posted: Mon Mar 21, 2016 11:05 am
by hich
Thanks very much for confirming Amber. We are applying shortly and the wait starts :D