Immigrationboards.com

PLEASE HELP ME.
I understand you have discussed ILR with police cautions few times before but I have not seen anything similar so please help me.

I have been on Tier2 General for the last 4 1/2 years, i accepted a simple caution last week for stupid work related issue.
now i was supposed to apply for ILR in 6 months but after this caution i would need to wait for 24 months.
on the other hand my Tier 2 visa will not take me beyond 6 years mark, so at the end I would have about 6 months gap between the end of my Tier2 and when i m legible for ILR.

please respond and tell me what could be done.

Any reply guys, please this is very crucial .... please help

still no reply!!!!!
please guys, any thoughts?

A caution (simple or conditional), warning or reprimand are all examples of an “out of court disposal that are recorded on a person‟s criminal record” (i.e. line 4 in Table 2.1).
Even where a person does not have a caution, warning or reprimand within the last three years, the decision maker may still refuse an application if the person has received multiple disposals of this kind that show a pattern of offending.

Decision makers may still refuse an application where a person‟s record shows a „non-custodial offence or other out of court disposal‟ older than 3 years, if the circumstances of the conviction or disposal call the person‟s character into question.
The factors the decision maker should consider include, but are not restricted to:
(a) The number of non-custodial sentences or other out of court disposals on the applicant’s record. There is no set number of non-custodial sentences or disposals that would lead to an application being refused. However, the higher the number the more likely it is the application will be refused.
(b) The period over which offences were committed or other disposals occurred. Decision makers should consider whether the offences or other disposals indicate a pattern of behaviour that could justify a refusal. For example, a series of minor offences or disposals may indicate sustained anti-social behaviour or disregard for the law which will be relevant to the assessment of the person‟s character.
(c) The nature of the offences or the behaviour that led to other disposals. Decision makers should look at the nature of the offences involved, or the behaviour that led to an out of court disposal. For example behaviour involving anti-social behaviour, drug use, or violence may well indicate that a person‟s character is such that their application should be refused (particularly if there is a pattern of such behaviour). In contrast isolated minor incidents such as traffic violations will not normally in themselves indicate that a person is of bad character. However, each application must be considered individually.
(d) Any other historical or recent convictions. Decision-makers should bear in mind that their task is to make an overall assessment of a person‟s character, so older non-custodial sentences or out of court disposals may be relevant if there are other more serious convictions. Decision makers should look to see if the older non-custodial sentences or out of court disposals are relevant to their assessment of a person‟s character when looked at alongside other more serious or recent convictions or out of court of disposals.
(e) Other factors. Decision makers should take into account any other factors that are relevant to a person‟s character, such as the particular circumstances in someone‟s life when they received the non-custodial sentence or the other out of court disposal occurred or positive evidence of their good character despite their record.
(f) Age. Decision makers should take into account a person‟s age at the time older non-custodial sentences were imposed or other out of court disposals took place. Isolated youthful indiscretions will not generally indicate a person is of bad character if that individual has clearly been of good character since that time.
At all times decision makers should remember that each case will depend on its individual circumstances and must be determined on its own merits.

A caution (simple or conditional), warning or reprimand are all examples of an “out of court disposal that are recorded on a person‟s criminal record”
Even where a person does not have a caution, warning or reprimand within the last three years, the decision maker may still refuse an application if the person has received multiple disposals of this kind that show a pattern of offending.

Decision makers may still refuse an application where a person‟s record shows a „non-custodial offence or other out of court disposal‟ older than 3 years, if the circumstances of the conviction or disposal call the person‟s character into question.
The factors the decision maker should consider include, but are not restricted to:
(a) The number of non-custodial sentences or other out of court disposals on the applicant’s record. There is no set number of non-custodial sentences or disposals that would lead to an application being refused. However, the higher the number the more likely it is the application will be refused.
(b) The period over which offences were committed or other disposals occurred. Decision makers should consider whether the offences or other disposals indicate a pattern of behaviour that could justify a refusal. For example, a series of minor offences or disposals may indicate sustained anti-social behaviour or disregard for the law which will be relevant to the assessment of the person‟s character.
(c) The nature of the offences or the behaviour that led to other disposals. Decision makers should look at the nature of the offences involved, or the behaviour that led to an out of court disposal. For example behaviour involving anti-social behaviour, drug use, or violence may well indicate that a person‟s character is such that their application should be refused (particularly if there is a pattern of such behaviour). In contrast isolated minor incidents such as traffic violations will not normally in themselves indicate that a person is of bad character. However, each application must be considered individually.
(d) Any other historical or recent convictions. Decision-makers should bear in mind that their task is to make an overall assessment of a person‟s character, so older non-custodial sentences or out of court disposals may be relevant if there are other more serious convictions. Decision makers should look to see if the older non-custodial sentences or out of court disposals are relevant to their assessment of a person‟s character when looked at alongside other more serious or recent convictions or out of court of disposals.
(e) Other factors. Decision makers should take into account any other factors that are relevant to a person‟s character, such as the particular circumstances in someone‟s life when they received the non-custodial sentence or the other out of court disposal occurred or positive evidence of their good character despite their record.
(f) Age. Decision makers should take into account a person‟s age at the time older non-custodial sentences were imposed or other out of court disposals took place. Isolated youthful indiscretions will not generally indicate a person is of bad character if that individual has clearly been of good character since that time.
At all times decision makers should remember that each case will depend on its individual circumstances and must be determined on its own merits.

please wait for others to advise on this

Anyone knows what should I do?
any ideas please.

Please I am desperate for answer, any one??

Look at the message from Amber

http://www.immigrationboards.com/indefi ... 47297.html

Guys I have not had any suggestion on what could be done yet!!!!
please advise me

Hey Guys

i know this has been discussed before but I am very desperate...

I did an offense 06/13 for which i received a caution almost 18 months later. ( 12/14).

I was supposed to apply for ILR may 2015.

I am aware of the 322 regulation.. the trick is that i am on 5 years route and my visa can not be extended till (12/16) due to the 6 years new cap system.

I would appreciate your help please....

Please senior members think with me... does anyone know what should i do?

guys u always reply and help members to solve their problems..... any clever answer here????

No replies!!!!!!
please help guys

police caution might affect ur ilr application.

however u can get limited leave to remain which is a two year extension
discuss with well educated solicitor and avoid stupid solicitors
u will be fine hopefully

Thanks for the reply but I don't meet any criteria for the discretionary leave for extension.

Any other answer?

any answer?? please guys it is as u can see very crucial matter.

your question has already been answered:
http://www.immigrationboards.com/uk-tie ... l#p1112770
the 6 year cap doesn't apply to you

manci, thx for your reply.

unfortunately cos i had a new leave to enter to change an employer in 2011 and 2013 the proposed solution will not work and i m not exempted from the 6 years restriction.

Any other solutions please... guys i m very desperate here.. plz help

please post your immigration history with dates

Manci; Thank you for the reply

I came to UK in 2010 Tier 2
change of employer( Biometric card) 2011
change of employer in 2011 ( leave to entry) obtained from abroad as long waiting time in UK and I had to start the new job ASAP)
change of employer in 2012 ( leave to entry) obtained from abroad as long waiting time in UK and I had to start the new job ASAP)
change of employer (Current Visa----Biometric Card) 2013 valid till 04/2016.

I HAVE NEVER OVERSTAYED, since 2010 all my visa changes were to change employer not due to expiry/extension,
from the above data I was legible to ILR mid 2015.

I was in a situation where I had to accept police caution In 11/2014 about an offense committed in 07/2013.

My understanding about the rules and regulations is :

-------- Unfortunately following the 322 : I must wait for 2 years from the caution date ( not Offense date) before i can apply to ILR. this will be 11/2016.
*** My valid Tier 2 is running out in 04/2016 where it will be 6 years in total.
*** Following the new Tier 2 extension rule: I will not be able to get extensions beyond 6 years ...... although my initial visa was 2010 but since i had new visas ( leave to enter) after 2011 I will not be exempted from the 6 years rule.

So my situation is : I got police caution and have to wait till 11/2016 before ILR but my current visa is not extendable after 4/16 which leaves me with 7-8 months gap.

If you can help me I will always be grateful to you


thank you

manci..... I m still waiting for your reply
I am very desperate guys... anything can help
please respond

@ broken leg
if you had T2G entry clearance in 2012 then the 6 year cap will apply from then, i.e. you can extend your leave until 2018 (with a new CoS for each extension).

As to your eligibility for ILR, you will be eligible for ILR 5 years after you entered the UK in 2012, i.e. in 2017. Whether you may be eligible earlier, and in addition to the issue of the police caution, depends on whether continuity was broken in 2011 and 2012 when you applied for entry clearances from home country. The rules re. break of continuity are on p26/27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

Dear manci

Thank you for the reply, it is a very good point.

As regards to the change of employment and the leave to enter visa I had in 2011 and 2012; the continuity was not broken as the longest gap i had was less than 28 days and i have never overstayed in UK ....
Bearing this mind , my count starts from 2010 when i obtained my initial tier 2 visa isn't it?
if this is the case then I would be legible to ILR in 2015 but cos of the caution in 2014 I got to wait till 2016.
also if my continuity is not broken I won't be exempted from the 6 ys cap and I won't be able to renew my visa past early 2016. leaving me with 7-8 months gap between the end of tier 2 and ILR legibility.

i know it is a bit complicated but I would be very glad if i hear from u soon.
thx

Hi broken leg........I am not expert but what I read and under stand u not have any way out for ilr straight way

But what u should do is apply ilr before 06 April 2015 with 1093 pound fee......and prepare mentally for u r refusal......
In this way u r time 3 to 4 month spend and u r leave will continue. ....If refused visa then appeal the decision and this will cover few month and during this process u valid leave will continue. ...when u r period of 24 month lapsed withdraw appeal and apply ilr
After 06 April ilr fee will be 1500 pound and may be no right of appeal as well. ...so you should apply ilr before 06 April. ... .no point of extention application as you said will not extendable due to 06 year cap of tier

Tell me if I am wrong.....here in this forum I see lot of people fight for years with home office and succeeded at last....
So u have to apply for ilr.....u can't give up can u....