lansbury

I appreciate what you are saying and what you remember, unfortunately the caution contradicts you. Something to bear in mind when you explain the circumstances at a visa interview, because you must have admitted to the battery in order to receive the caution. At least that is how the Con Off will view it and I as a retired cop view it. When you present yourself that is what you need to overcome.




Under English law you can have an assault without a battery, you cannot have a battery without an assault.

lansbury

Well unless things have changed since I retired, I'll ask my son as he is a detective in West Yorkshire, if you had been formally offered a caution and refuse it you couldn't then be charged. It was a get out of jail free card which hardly anyone played.

212

To have a caution, you MUST have a) admitted it, and b) accepted it.

My own caution from a couple of decades ago has this wording right before my signature:

"I voluntarily admit the offence(s) as indicated above, and I agree to a Formal Police Caution. I understand that this Formal Police Caution will remain on file for a minimum of five years, and will be cited in any future criminal proceedings.
I acknowledge the terms of the Formal Police Caution and receipt of a copy of this notice."

Despite being 'spent' in the UK after five years, USCIS treat cautions as convictions due to the admittance of the offence. Would be interested to know why yours lists a sept 2012 offence, when if it is spent after five years it should now say 'no live trace' on the police certificate.

See what your subject access report comes back with...they are remarkably detailed.

materialcontroller

Just another sneaky way that the old bill try to land people on the hook.

lansbury

Former Lancastrian

The caution was initially introduced for minor offences. They didn't want the court systems clogged up with cases like shoplifters who when I was a copper always plead not guilty so off to court we go after being charged. Get to court now pleads guilty normally after a plea deal. Spent numerous hours sitting around to appear and give evidence then on the day just before the case is due to be heard here comes the defence lawyer will plead guilty if you agree to this, that and the other. Sure Im OK with that. Case closed.

Now how some have been given cautions for burglaries and some sexual offences is beyond me.

Twinkle0927

Does your family usually get the police involved to settle arguments? The fact that the police were even called would suggest that from at least one person's standpoint this was more than a family argument.

bradaw42

I have an email this morning from the attorney to cancel the ds-160's for my wife and I.

Fred16

Have you paid the fee for DS160

bradaw42

Yes I am £281.20 lighter.

Fred16

Any chance appointments scheduled?

bradaw42

I keep going on the website but it's all none available. I last called them Thursday and basically said you need to wait till the dates / times are released. I don't really want to keep calling them and annoying them. Just another thing agains my unexpected record I suppose.

Rete

Why? Does he consider this caution to cause your visa application to be denied? Did he suggest that you find out exactly what transpired with a police report?

scrubbedexpat099

You mean your Employer is.

bradaw42

Indeed.