Q&As

Will an application for entry clearance or leave to remain be refused if my client has received a caution?

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Produced in partnership with Andrew Tingley
Published on: 13 November 2013
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What is a caution?

There are two main types of caution which your client may have accepted as an adult in the UK:

  1. •

    simple—where an individual admits an offence

  2. •

    conditional—where an individual admits an offence and agrees to certain restrictions and/or rules as part of the caution

As a youth (aged 10–17), they may have accepted the following:

  1. •

    youth caution

  2. •

    youth conditional caution

  3. •

    simple caution

A youth may also previously have accepted a reprimand or warning under the Final Warning Scheme. These are not cautions, however, they can be taken into account by the Home Office when considering whether to refUse an Application.

A caution is not a criminal conviction. However, when a person accepts a caution, they have admitted guilt to an offence. It becomes part of their criminal record and is retained for future use. This record will be available to the Home Office when your client makes an application for entry

Andrew Tingley
Andrew Tingley

Partner and Head of Immigration

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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