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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have applied for my Tier 1 psw visa on 5th jan 2012. I got

Resolved Question:

I have applied for my Tier 1 psw visa on 5th jan 2012. I got caution on 31st jan for theft, i accepted it and was given caution.They told me i can live my life normally and do not have to mention it to any one. I do regret this alot and will never do it again. I do belong to very good family and I have clean record before.
DO you think i will get visa rejection for that? i am going for biometrics on 10th feb 2012.
I have already got visa rejection on 24th of dec because of my finances before. but this time my finances are fine. SO that should not be a reason.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

The UKBA can reject an application on the basis of a deficiency of good character where the applicant has unspent convictions under the rehabilitation of offenders act. However, a caution is not a conviction for these purposes and as such is spent immediately. This means that the UKBA would be unlikely to reject on the basis of this alone.

If there are other factors which suggest a deficiency of character then they might use the caution with these to attempt to reject, but if you have no other problems then you should be fine.

However, you should probably disclose the application in your application covering letter so that they cannot take the view that you have deceived or misrepresented yourself, as these are much more serious than the caution itself.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Customer: replied 2 years ago.
But how i am not trying to deceive them as I have already applied for my visa..
If while applying I would have done tht I would have told them that.
What can you suggest on that?
Expert:  Thomas replied 2 years ago.
Hi,

You haven't deceived them. The question in the form does not ask about cautions, only convictions.

I am just saying that it would be better to disclose than not simply in the interests of full disclosure.

It would only be a problem if there is other clear evidence of deception in your application. I assume there is not and that you will therefore be fine.

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Thomas replied 2 years ago.
Hi,

The answer is not inaccurate. They cannot reject because it is not a conviction on which they can rely alone to reject.

Only if there is other evidence of bad character will it be a problem because they will attempt to include this as further evidence of a deficiency of character. If you do not have any other incidences of this nature then it will not affect your application.

Please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Thomas replied 2 years ago.
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