In the United Kingdom, police may issue a “caution” to an offender of a minor offense and such offenders will not be requested to make a court appearance. Historically, the absence of court involvement meant DOS did not automatically treat “cautions” as convictions or “admissions” for immigration purposes. However, because “cautions” issued after July 10, 2008 require all offenders to admit to the essential elements of the crime, the Department of State’s (DOS) current policy will treat those “cautions” as “admissions” for immigration purposes.

Because cautions are issued following an arrest, aliens with cautions that are issued before or after 2008 for crimes involving moral turpitude or controlled substance offenses are not eligible to travel to the U.S. on the visa waiver program (ESTA) and must apply for a visa at the U.S. Consulate. In addition, the U.K. Rehabilitation of Offenders Act does not apply to U.S. immigration applications and, therefore, all offenses - whether minor or covered by the U.K. law - must still be disclosed to U.S. Consular authorities, despite the passage of time. In some situations, a criminal conviction or admission (including an "admission" made as a result of a "caution") can render an applicant permanently ineligible for a visa or ineligible without first obtaining a waiver.

It is estimated that there are around 200,000 cautions issued in the U.K each year thus the new policy has the potential to impact many visa applicants coming through the London Embassy.