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Advice


Advice

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Supreme Being
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Davy - 3 Dec 20 4:39 PM

How much it could affect my EU Settlement Scheme application for Pre-Settled status?

You are now going into territory that for all our good intentions, people on this forum and Unlock are unable to give. Immigration advice is heavily regulated. Please get some professional advice.
AB2014
AB2014
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Davy - 3 Dec 20 4:39 PM
AB2014 - 3 Dec 20 3:46 PM
Davy - 3 Dec 20 3:42 PM
AB2014 - 3 Dec 20 1:16 PM
Davy - 3 Dec 20 12:41 PM
AB2014 - 3 Dec 20 11:30 AM
Davy - 3 Dec 20 1:52 AM
Yankee - 2 Dec 20 6:49 PM
Davy - 2 Dec 20 1:11 AM
I got conditional caution for these offences:
  • Harassment without violence
  • Send letter / communication / article conveying indecent / offensive message
I looked through the list at least 5 times very carefully and I couldn't find my offence in this list: https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Will it be filtered after 6 years?

You don't mention whether you were under or over 18 at the time.

Assuming you are over 18, then they will be filtered after 6 years. This is due to a change made last week - prior to that, if you had more than one conviction none could be filtered. Now they are each treated independently.

There are two exceptions to the above I am aware of - some jobs are excluded from filtering (joining the police for example) and if you want a shotgun/firearms licence


Maybe I don't understand something, if I got one conditional caution for two offences it's just one conviction or two convictions? Conditional caution I think is not a conviction at all. I don't want to join police forces, my field is engineering, IT, AI, etc. and I don't like guns either and I don't want to have them.

You're right that a conditional caution is not a conviction, it is still a caution, so your conditional cautions would be filtered after the relevant period has passed. You would get a separate caution for each offence. Becoming a police officer is exempt from filtering, but being a member of civilian staff is not, so filtering would apply to that.

I got one conditional caution for two offences or something went wrong? Because at first I got conditional caution and I can't see that person for 6 months, after couple weeks they called me and said there is error and they changed it to 3 months and apology letter.

Well, as I said, you would normally get a separate caution for each offence. The only way to be sure is to get a free copy of your police record. That will make it clear one way or the other.

I attached pictures with conditional caution I got: https://imgur.com/a/TOMnRTB . So, it's one conditional caution or two? Later they changed to three months no contact with person and apology letter, I signed new paper of conditional caution. Police officer told me it will not go on my criminal record.

The document does refer to the "offences listed above", but that just means you signed one piece of paper. If you get a copy of your police record, it should list it as two cautions. A conditional caution does go on your police record.

How much it could affect my EU Settlement Scheme application for Pre-Settled status?

As it wasn't a prison sentence, it won't affect your length of residence in the UK, which is good. Unlock's information says that only one caution probably won't cause a problem, but it might be worth getting specialist advice, and there are some useful links at the foot of that web page.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

GO


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