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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have a question regarding my UK tourist visa application. Will a s

Customer Question

Dear Sir or madam,
I have a question regarding my UK tourist visa application. Will a simple caution obtained while living in the UK in 2010 affect my UK tourist visa application from OUTSIDE the UK?
I have lived in the UK from 2008 until 2013. I was under student visa and switched to T1 post study leave to remain 27/09/2011.
In 2010 i have received a simple caution 22/09/2010 for fraudulent misrepresentation at the money shop.
I renewed my visa in the UK in 2011 (post study leave to remain) and was asked brief questions about the simple caution but to my post study leave to remain with no issues.
I have read many confusing information about the simple caution online and want to know whether it will be an issue to apply for a UK tourist visa (3years or 5 years) OUTSIDE the UK with the simple caution?
I read that according to the Offenders Rehabilitation Act the simple caution will be deleted after 2,5 or 6 years from the DBS??
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I would advise you to go ahead and apply for the standard visitor visa but you must declare the police caution on your application.
As the caution was issued more than 5 years ago, I do not expect it to affect your application under paragraph 320(19) of the Immigration Rules.
All the best
Customer: replied 2 years ago.

Hi,

Thank you for your reply. The Tourist visa application ONLY asks if the person applying has had any criminal convictions? a simple caution is NOT a criminal conviction then why would you advise to declare the police caution in the application?

I read that according to the Offenders Rehabilitation Act the simple caution will be deleted after 2,5 or 6 years from the DBS?? How long does it take exactly to be deleted from my records?

I have never had any other caution or conviction after this one and I left the UK in 2012.

I would like a precise answer please!

Thank you!

Regards,

Mia

Expert:  UKSolicitorJA replied 2 years ago.
You should declare the caution when making your application. Cautions are spent immediately but they stay on your records indefinitely, see here
https://www.askthe.police.uk/content/q562.htm

You may declare the caution under other information or in the conviction section. It should not affect your application.

All the best