Immigrationboards.com

Need help please

I have applied for ILR and after applying few days after I have
recieved police caution for common assault . As the new low states
have, within the 24 months preceding the date of the application,
been convicted of or admitted to an offence and received a
non-custodial sentence or other out of court disposal recorded on
their criminal record.
As I did not had any non costodial sentence before my applying date
. Will receiving a police simple caution after applying well lead
my application for refusal .
I am a bit confused and if you can answer my question please i will
be appreciated. Thank you

See also ILR.

Have you done a postal application ?

priyadri wrote:Have you done a postal application ?

Yes I have sent it by post and recieved a letter that they have recieved my application on the next day .

Tig Arnold wrote:Need help please

I have applied for ILR and after applying few days after I have
recieved police caution for common assault . As the new low states
have, within the 24 months preceding the date of the application,
been convicted of or admitted to an offence and received a
non-custodial sentence or other out of court disposal recorded on
their criminal record.
As I did not had any non costodial sentence before my applying date
. Will receiving a police simple caution after applying well lead
my application for refusal .
I am a bit confused and if you can answer my question please i will
be appreciated. Thank you

Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

D4109125 wrote:

Tig Arnold wrote:Need help please

I have applied for ILR and after applying few days after I have
recieved police caution for common assault . As the new low states
have, within the 24 months preceding the date of the application,
been convicted of or admitted to an offence and received a
non-custodial sentence or other out of court disposal recorded on
their criminal record.
As I did not had any non costodial sentence before my applying date
. Will receiving a police simple caution after applying well lead
my application for refusal .
I am a bit confused and if you can answer my question please i will
be appreciated. Thank you

Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

I have comited 7 days after I have send the application.

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:Need help please

I have applied for ILR and after applying few days after I have
recieved police caution for common assault . As the new low states
have, within the 24 months preceding the date of the application,
been convicted of or admitted to an offence and received a
non-custodial sentence or other out of court disposal recorded on
their criminal record.
As I did not had any non costodial sentence before my applying date
. Will receiving a police simple caution after applying well lead
my application for refusal .
I am a bit confused and if you can answer my question please i will
be appreciated. Thank you

Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

See also 322(1C).

Tig Arnold wrote:

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:Need help please

I have applied for ILR and after applying few days after I have
recieved police caution for common assault . As the new low states
have, within the 24 months preceding the date of the application,
been convicted of or admitted to an offence and received a
non-custodial sentence or other out of court disposal recorded on
their criminal record.
As I did not had any non costodial sentence before my applying date
. Will receiving a police simple caution after applying well lead
my application for refusal .
I am a bit confused and if you can answer my question please i will
be appreciated. Thank you

Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

D4109125 wrote:

Tig Arnold wrote:

Tig Arnold wrote:

D4109125 wrote:
Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

I haven't been arrested i went to police station and the day that happend police didn't even arrest me but the guy went and complained that I punched him and therefor it took that long until they came back to me with the dicision to give me a caution.

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:

Tig Arnold wrote:

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

I haven't been arrested i went to police station and the day that happend police didn't even arrest me but the guy went and complained that I punched him and therefor it took that long until they came back to me with the dicision to give me a caution.

Sorry but in order to give you a caution you must be arrested on suspicion of committing an offence. Did your solicitor not explain what was happening?

D4109125 wrote:

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:
Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

I haven't been arrested i went to police station and the day that happend police didn't even arrest me but the guy went and complained that I punched him and therefor it took that long until they came back to me with the dicision to give me a caution.

Sorry but in order to give you a caution you must be arrested on suspicion of committing an offence. Did your solicitor not explain what was happening?

I haven't been arrested and I think they just stitch me man. Because I went to tell police that this guy is always trying to provok me as he was my ex brother in low and I found out there that he has been there and mad a complain about me. At the time of the incident the police were there and they didn't even arrest me and they just took my details and told me to go home.the police man didn't even report about the incident to police station.so I think I shouldn't accept the caution but I did .just hoping for the best now. Any ideas what can be done by me??? And thanks a lot for responding .

Go to the citizens advice bureau and ask if they can help or refer you to a solicitor to for a free hour interview. The police have to follow specific procedures primarily set down in the PACE Act. You need to get legal advice I think. You can make a complaint about the police using the IPCC (google it).

D4109125 wrote:Go to the citizens advice bureau and ask if they can help or refer you to a solicitor to for a free hour interview. The police have to follow specific procedures primarily set down in the PACE Act. You need to get legal advice I think. You can make a complaint about the police using the IPCC (google it).

Thanks a lot for your advice and I will try to do something but are you sure that you have to be arrested to issue an police caution?

Tig Arnold wrote:

D4109125 wrote:Go to the citizens advice bureau and ask if they can help or refer you to a solicitor to for a free hour interview. The police have to follow specific procedures primarily set down in the PACE Act. You need to get legal advice I think. You can make a complaint about the police using the IPCC (google it).

Thanks a lot for your advice and I will try to do something but are you sure that you have to be arrested to issue an police caution?

Generally they will arrest you before starting your interview on suspicion of committing an offence, you don't need to be handcuffed and they may use the word nicked.

D4109125 wrote:

Tig Arnold wrote:

Tig Arnold wrote:

D4109125 wrote:

Your character will likely be brought into question during the police checks which will likely show the police caution. Where a police caution exists and 24 months has not lapsed the application is to be refused. When did you commit the offence? Before the application?

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

Don't you think if they mean 24 months preceding the decision date of the application , they should of put the contest in right way and instead of saying the date of the application .???

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:

Tig Arnold wrote:

I have comited 40 days before my application date but admitted after 7 days of sending the application. And the low states 24 mounths preceding the date of the application admitted an offence . What do you think ?

Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

Don't you think if they mean 24 months preceding the decision date of the application , they should of put the contest in right way and instead of saying the date of the application .???

Well yes a literal definition may be as you take it. However, Parliament's intention would likely to have been to stop those with bad character and given the close time in which you were cautioned it'd be difficult for it not to be brought into question. Only time will tell, you may need to extend your stay until 24 months has lapsed. It is our judiciary, the courts who decide what the meaning of legislation is. They can take a literal rule or another less favourable (for you).

D4109125 wrote:

Tig Arnold wrote:

D4109125 wrote:

Tig Arnold wrote:
Yes that is a very literal definition you have taken. Could mean date of a decision of the application. I would err on the side of caution. When they do the checks it will come up and will likely go to a senior caseworker. Depends on how they take the definition of preceding the application. You character was already taken into question when you were arrested although not confirmed negative until you admitted the offence and received the caution.

Don't you think if they mean 24 months preceding the decision date of the application , they should of put the contest in right way and instead of saying the date of the application .???

Well yes a literal definition may be as you take it. However, Parliament's intention would likely to have been to stop those with bad character and given the close time in which you were cautioned it'd be difficult for it not to be brought into question. Only time will tell, you may need to extend your stay until 24 months has lapsed. It is our judiciary, the courts who decide what the meaning of legislation is. They can take a literal rule or another less favourable (for you).

I think it is not a mandatory refusal and they probobly have to refer the senior caseworker as I have sent it with a covering letter and explained what happened.

Did you get a response on your application.

priyadri wrote:Did you get a response on your application.

Not yet .they sayed it can take up to 6 months .

I want to know what's happened with ur application