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 LexisPSL on 13/11/2013

The following Immigration Q&A produced in partnership with Andrew Tingley provides comprehensive and up to date legal information covering:

  • Will an application for entry clearance or leave to remain be refused if my client has received a caution?
  • What is a caution?
  • Does my client have to disclose a caution in their application?
  • My client has revealed a caution—will their application be refused based on this caution?

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

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 clearance or leave to remain and you should always seek full instructions from the client on any previous caution they may have received.

Does my client have to disclose a caution in their application?

From 19 December 2008 cautions, conditional cautions, reprimands and warnings (and from 8 April 2013 youth cautions and youth conditional cautions) all became subject

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