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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir or Madam, I have quite delicate question and would

This answer was rated:

Dear Sir or Madam,

I have quite delicate question and would be very grateful if you can answer it.

I have received a Simple Caution for indecent exposure from police in November 2012. I am going to apply for ILR in September 2013 and for Citizenship in September 2014.

My question is whether this caution will affect my application for ILR or Citizenship? Do I need to declare this caution in my application for ILR or Citizenship?

Many thanks in advance.
Hi,

Did you only receive a caution? You were not convicted of any other offence and did not receive any other sentence?

Tom
Customer: replied 3 years ago.

Hi Tom,


 


I was given a Simple Caution only. I was not convicted of any other offence and did not receive any other sentence.


 


I was also advised that my details will be entered to the Violent and Sex Offender Register.

Hi

Thanks for your patience.

I doubt this will cause a problem when you apply for ILR. A caution is not a criminal conviction for the purpose of the Rehabilitation of Offenders act.

The UKBA are permitted to refuse if they consider an application does not have “good character” in the same way that they are if you are applying for naturalisation. In respect of criminal convictions this means that they would reject if you still had an unspent conviction under the Rehabilitation of Offenders Act.

However, a caution is not a conviction for the purpose of the act and therefore there is not even a spent period which applies to it.

Technically you do not have to disclose it. However, if you are on the register then they may realise this and ask for further information.

Frankly, I would disclose it in your covering letter when you send in the application and mitigate it by giving the details and explaining the circumstance behind it. You should then give details of your continued good character and honesty by asking persons of authority who know you (eg. Doctors, teachers, religious ministers etc) to confirm how long they have known you and confirm that they consider you to be an honest trustworthy character.

You will be fine.


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Kind regards,


Tom
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Customer: replied 3 years ago.

Hi Tom,



It is good to know that I do not have to disclose this and that this unlikely will affect my application for ILR and naturalisation.


 


I would prefer not to disclose this as if I do otherwise there would be higher risk of my application being rejected.


 


Many thanks for your advice.

Hi,

No problem.

Thanks for rating my answer.

Tom

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