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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2305
Experience:  Partner in national law firm with 25 years legal experience
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Hi ! I try to aply for english citizenship but I have got a

Customer Question

Hi ! I try to aply for english citizenship but I have got a question, because they asking me about criminal convictions. so:In 2007 I have been caught by the police and they found a cigarette rolled with marihuana. I had to sit in the police car but we went nowhere, just took my details and put in the system and could go away after 10 minutes . I think accepted a police caution then and now I am not sure wheter it counts for criminal conviction/record. Somebody told me that I am in the system for 6 moths unless They catch me again. It was at least 6 years ago and I am not sure what to do. What do you think, shall I apply ?? nothing happened ever since.
Submitted: 10 months ago via InBrief.
Category: UK Law
Expert:  UK_Lawyer replied 10 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

A caution forms part of a persons criminal record so any caution will be taken as a non custodial offence. The rules for non custodial offences is that if you were cautioned then you must wait at least 3 years from the date which you were cautioned.

So in your case as your caution was in 2007 you are able to apply for British citizenship without any issues. What you should do on the application form is stated that you did get a caution and that it occurred in 2007 and explain what it was for. The caution will not effect your application as it was over 6 years ago. You. Should mention it so it shows the home office that you are not hiding anything and are disclosing all and any information to them.

You should therefore apply for British citizenship.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Law Specialists are ready to help you
Customer: replied 10 months ago.

thank you for your time and aswer!

Just one more thing. The form has to be signed by 2 other person, 1 professional and 1 non profesional. In my case the professional person is going to be a teacher who has already signed this form for another person .That person got the citizensip and years later did bad things incl.sexual offending .... Thats why he is sceptical to sign it but he will, he said. Tha question is: could his professin get harmed or get any penalty or even worse, prisonment if he sign it, or the other person who signs it to me???

And they doesnt know what happened in 2007.

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your reply.

The professional person can be anyone recognised as a professional, I would suggest that it is a doctor or another professional instead of someone who has a criminal past if possible.

The second person can be anyone who has known you.

I hope this clarifies the matter.

Kind regards
Expert:  Alex Hughes replied 10 months ago.
My colleague is correct - this particular incident will not affect your application. However, just to make it clear, you were unlikely to have been given a caution. Usually you would be arrested, taken to the police and interviewed. If you admit the offence then an inspector would administer the caution. As these steps did not happen I think you were probably just given a warning. This will not affect your citizenship application but I wanted to clarify this point for you.
Customer: replied 10 months ago.

thank you Alex. Maybe it was just a warning, not a caution. If it was just a warning , should I mention it on the form? But the thing I asked before ,brobably was misunderstood. Its not the teacher ( who will sign my form) did the sexual offence but the person who the teacher signed it for. The teacher was born in England and has no criminal record. Shall I tell him that what happened then?And the other person has no criminal record either. that was a 3rd person , why the teacher is sceptical

Expert:  Alex Hughes replied 10 months ago.
There is no need to mention the warning. It is irrelevant.

The teacher can sign the form if he has no criminal record.

There is no need to mention this other person who was investigated for sexual assault.
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2305
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 5 other UK Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank You! your answers were very helpfull. thanks again!

Expert:  Alex Hughes replied 10 months ago.
Good luck with your application - hope it all goes well.

Alex

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