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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 6293
Experience:  English solicitor with over 12 years experience
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Background My application for British Citizenship was

Customer Question

Background
My application for British Citizenship was declined, on the grounds that I had not “declared" a simple caution for common assault in 2016. With this having been highlighted to me and having been completely unaware that I had "a record" as such, I requested my file through the Metropolitan Police Information Rights Unit.
Situation
I was arrested and charged with common assault 12.06.16. This situation came about after an altercation with a Heathrow employee who man-handled a very young female traveller, who I did not know but felt was in need of protecting and as such I stepped in to stop him being so rough. I grabbed the arm of the Heathrow employee in an attempt to dissuade him from being rough and aggressive, insisting that this female (teenager) traveller return to the back of the queue, albeit that this young lady had been behind me since leaving the plane and from what I could understand, had done nothing wrong to be treated in this way.
The Heathrow employee reported me to the Police for touching him and I was subsequently taken to the local Heathrow Police Station for questioning.
I declined a Solicitor, I was processed and interviewed and released on bail until July 2016 when I needed to return following investigation as they needed to review the CCTV. The report indicates there were two witnesses, and no CCTV footage of the situation. The location of the incident which was the main hall leading to passport control - Heathrow Terminal 5.
As it was late they asked me to return om 21.07.16 when the investigation should be concluded and I thought this sensible as clearly when they speak to the other witnesses and above all see the CCTV that it would be clear that this man was acting out of order. On my return to the Police Station 21.07.16 I signed a Simple Caution Declaration and released.
No further correspondence, copies of paperwork or details were provided to me at the time, no emails, no calls or anything by post.
The full report is available should you require this for clarity.
Questions
I was unaware that I had signed that this was to be a record of any "unlawful action", understanding that a "simple caution", as the declaration is titled, was literally a slap on the wrist and not a crime or similar with no further implications, and would not give me any police record to my name.
I find it difficult to believe that there is no CCTV footage of the incident given the location of where it happened. Especially, as you can see in the report, the CCTV was needed to prove or disprove what actually happened. Further information in this regard has been redacted from the report.
I am distraught that I have a criminal record and would like to clear my name – can I contest this? how long needs to pass before my record is once again clean? Is there anything I can argue to have this simple caution eradicated from my file?
It appears to be a situation of the Heathrow employees word against mine, with no evidence besides mine and his witness statements which the report states ‘whilst the suspect admitted to touching the victim, she argued this had been to defend the other lady who the victim had treated poorly. No other witnesses have details of the argument and their statements differ in details and clarity’, and with no CCTV footage, how can I be given such a caution?
How do I best argue my case to those who have declined my citizenship application? At the time, and whilst instinctive, I believed that what I was doing was being a person of good character by helping someone who was being treated with little to no respect, and ironically this has had the absolute opposite of effect in regards ***** ***** application.Thank you for your time.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 month ago.

Hello,

I am afraid the caution must have been disclosed in your application and failure to do so has led to refusal.

See here for further information on your issue: https://www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog/common-good-character-issues-when-applying-to-naturalise-as-a-british-citizen

All the best. Please click on 5 stars