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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13326
Experience:  Solicitor
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I am a Romanian national and intend to apply for a blue card

Resolved Question:

I am a Romanian national and intend to apply for a blue card as civil partner of a Romanian blue card holder in the UK. I recently received a simple caution from the police for a minor offence (which I admitted only to be released immediately from the police). Do I need to disclose the simple caution in my blue card application and does it affect it in any way?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
What was the offence for which you were cautioned? A caution is not a conviction and therefore does not need to be disclosed in answer to the question about criminal convictions but there is a later general question about any other matters that might affect the judgement of your good character ( i think it is the last question in that section ) You probably should disclose the caution as it may come up in any check the UKBA carries out . If it is only minor it should not affect the outcome but if you fail to disclose it that might cause the application to be rejected
Customer: replied 6 years ago.
Thank you, XXXXX XXXXX worried about that "character" question (having checked the form today). It is for an act outraging public decency by behaving in an indecent manner. The act in question was committed by another person in a gym sauna in my presence only, but that person than claimed in front of the police that I committed the act. There were no witnesses. I accepted the caution only to be released immediately as police told me that this simple caution would not show up on criminal checks. Can the caution be overturned now that I am risking being denied the blue card due to my foolish acceptance of the caution?
Expert:  Senior Partner replied 6 years ago.
If what you were given was an informal warning then it will not show up on police records. If you were given a formal caution then it will. Did you have to sign anything?

It is possible to overturn cautions I understand but I have no experience of the process admit is likely to require a court process to overturn it.
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Customer: replied 6 years ago.
I signed a formal document called "simple caution". Thank you for your reply again.