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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2359
Experience:  Partner in national law firm with 25 years legal experience
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Hi I have a few questions regarding my conditional police

Resolved Question:

Hi
I have a few questions regarding my conditional police caution not simple police caution received on December 2012 , the offence was soliciting prostitute.
I entered UK on April 2011 with 2 years spouse visa expire on July 2013 which I have to apply for indefinite leave to remain before that date but with new rules updates on 13/12/2012 my caution will be 7 months old, some people talk on forums says you can apply and its up to the case worker etc,,, but I am not sure now I am trying to find out if I have to extend my visa or apply same day premium service ?? and be ready for interview if required ?? its so stressful thinking about it !!!
Many thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Do you have any other cautions or convictions?
Customer: replied 1 year ago.

Hi Alex

No I have no other caution or conviction !!

Regards

Expert:  Alex Hughes replied 1 year ago.
Thanks. The caution must be disclosed in your application. The caseworker will apply the following guidance which is set out in Annex D Immigration Rules ['Good Character Requirement']:

Cautions 3.5.5

As a caution forms part of a person‟s criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account.

Where the application was made on or after 13 December 2012 a caution comes within the „non custodial offence‟ threshold. As such, where someone has a caution within 3 years of their application, it should be refused.

Where the application was made on or before 12 December 2012, cautions would not normally be taken into account when assessing the good character requirement unless they fall into one of the following :

a. If the caution or cautions are of a sexual nature that require the individual to be included on the Sex Offenders Register. Any application received whilst the individual is subject to reporting requirements on the Sex Offenders Register should be refused (see section 5 for further guidance).

b. If the individual has received multiple cautions that show a pattern of offending, which causes harm to other individuals or to the community in general, and which, on the balance of probabilities, indicates the applicant is not of good character
Customer: replied 1 year ago.

Thanks Alex


so what's my best option to grant my application is there any chance ? or should i extend my visa till its 24 months passed from the date of caution ? or if I can have immigration specialist or solicitor to represent my case ? I am not sure what should I do !!!


Regards

Expert:  Alex Hughes replied 1 year ago.
Hi.

You should certainly instruct an immigration adviser to fully assess your circumstances and assist you with your application.

But my thoughts are that you should consider postponing your application until the clear period which is 3 years.

The guidance also states:" We will not ignore offences involving dishonesty such as theft, violence or sexual offences."

Therefore, the caution is clearly something that will be considered and is likely to be detrimental to your application due to the nature of the offence.

Alex
Customer: replied 1 year ago.

Hi Alex thanks for your replies


postponing my application until clear period which is 3 years ?


I thought it says in guidance 24 months from the date of the offence !!


could you please tell me where can I find immigration adviser ?


and is it Worthing having solicitor for my case or no ?


Many thanks

Expert:  Alex Hughes replied 1 year ago.
Hi.

Please see notes from above:

"......Where the application was made on or after 13 December 2012 a caution comes within the non custodial offence threshold. As such, where someone has a caution within 3 years of their application, it should be refused...."

Please remember to rate my answers. Happy to discuss further.

Alex
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2359
Experience: Partner in national law firm with 25 years legal experience
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