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-   -   Have You Been Arrested Does It Effect Visa? (https://britishexpats.com/forum/australia-54/have-you-been-arrested-does-effect-visa-295983/)

russmcp Apr 12th 2005 4:14 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by kate
basically me an d a mate nicked something, it was really dumb (we had been drinking wine) :beer: got arrested, cautioned, they said it would be on record 4 five years.dont remember if i signed anything.had pic taken and finger prints, not very clever but it did feel a bit rock n roll! it was about 4 yrs ago ish.

OK, chances are it was an official caution as your prints were taken, they would have been sent off to the fingerprint bureau, suprise suprise.

It is only a caution - it will show on the police national computer so I would let them know you have been cautioned. It will NOT effect your application.

IF it is disclosed (IF) it is best to err on the side of err caution and put it on, but really do not spend anytime what so ever worrying about this, as this will not effect your application.

griffinfamily Apr 12th 2005 6:14 am

Re: Have You Been Arrested Does It Effect Visa?
 
Hi

Just to say my husband was cautioned and fingerprinted etc in 2000 and this did show on pcc.

But i believe that there is no question on form 47sk about cautions just convictions or convictions pending! Please correct me if im wrong! :confused: I hope not because i can't remember writing anything about it!!!

Hope this helps!

Nicky

karenjc Apr 12th 2005 6:23 am

Re: Have You Been Arrested Does It Effect Visa?
 
It will be on your police record form. But i would not worry about it one bit i've got a couple ( bit more seriuos than theft ) and we have had our visas, so chill you will be ok :cool:

TheColebecks Apr 12th 2005 7:11 am

Re: Have You Been Arrested Does It Effect Visa?
 
Good thread - I have been wondering about this as hubby & his friend, in their youth, walked past some deliquents fighting with two coppers; one of the coppers had his helmet knocked off his head and it landed close to hubby so he picked it up to give it back to the copper AND WAS ARRESTED :confused: He had to go to court and everything but he wasnt charged, Im sure the judge found the whole thing laughable (it was at all funny to hubby :mad: )

I keep telling hubby he will have to still put this incident down on the application but he doesnt think he'll have to as he wasnt charged??? Any comments on this one would be gratefully received.

Hugs
Karen x

TheColebecks Apr 12th 2005 7:57 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by Steve&Clare
if you only got cautioned then you are ok and it won't show up.

It would be worth writing off and getting your police checks done just to see if it came up before you went ahead and put it down on the form - you may find that an over zealous jobsworth at the DIMIA could scupper your chances when there's a good chance it wouldn't come up on your police check.

Thanks for the reply.

Actually, Hubby has to have periodic police checks done as Im a childminder and its a statutory requirement that he has a check and also he runs under13s football and cricket teams and needs the check for these, too. Nothing has ever come up on these checks so if the Oz ones are the same as this then it should be fine, I guess?

Hugs ~ Karen x

kate Apr 12th 2005 8:48 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by russmcp
OK, chances are it was an official caution as your prints were taken, they would have been sent off to the fingerprint bureau, suprise suprise.

It is only a caution - it will show on the police national computer so I would let them know you have been cautioned. It will NOT effect your application.

IF it is disclosed (IF) it is best to err on the side of err caution and put it on, but really do not spend anytime what so ever worrying about this, as this will not effect your application.

thanks for the advice! what is err caution? when you do the form, as it was mentioned on another thread, it may not ask have you been arrested, do you have a police check if its a year visa or only for peeps emigrating?i want to go for a year :p :cool:

russmcp Apr 12th 2005 9:46 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by TheColebecks
Good thread - I have been wondering about this as hubby & his friend, in their youth, walked past some deliquents fighting with two coppers; one of the coppers had his helmet knocked off his head and it landed close to hubby so he picked it up to give it back to the copper AND WAS ARRESTED :confused: He had to go to court and everything but he wasnt charged, Im sure the judge found the whole thing laughable (it was at all funny to hubby :mad: )

I keep telling hubby he will have to still put this incident down on the application but he doesnt think he'll have to as he wasnt charged??? Any comments on this one would be gratefully received.

Hugs
Karen x

Bit confised Karen, you say he was arrested and went to court. If he ended up in court he may have been initially charged. If it was thrown out by the Judge then it wouldn't go onto PNC. If it was breach of the peace then basically he would have been bound over to keep the peace for 12 months - so in effect not a conviction, breach of the peace is an old law used way back when, its only used as a way of keeping the peace rather than allow it to escalate.

If he is unsure of what is on record, he should ask for a police print from the local station. I can't see this being a problem at all but for peace of mind get him to check it out.

russmcp Apr 12th 2005 9:58 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by kate
thanks for the advice! what is err caution? when you do the form, as it was mentioned on another thread, it may not ask have you been arrested, do you have a police check if its a year visa or only for peeps emigrating?i want to go for a year :p :cool:

When I said err caution - basically I was playing on words so take no notice of that sentance. I'm unsure if you have to have a police check for a year visa, others on here will be able to help. I dont think the form will ask if you have been arrested. Being arrested is taking away your liberty in order to find out facts. From those facts decisions are made to see if the person arrested should be charged with an offence. This can go a couple of ways. If not a serious offence (which could be theft etc though lets not get too caught up in whats serious and whats not) and not done before a caution is probably the best way forward, and the right way too. The caution will then sit on the police national computer which is a national computer. The caution sits on file and is 'live' for 5 years (if I remember rightly).

If other offences follow, are similar to an offence committed already then the person could be charged by the police. What then follows is a decision by the Crown Prosecution Service, who are the police forces solicitors to decide if the charge should then go to court. That depends on various factors, including evidence gathered and if its in the public interest for the Crown Prosecution Service to go ahead with the charge.

So what i'm saying in a long winded way is that it will not matter how many times someone was arrested as these will not go onto the police national computer (PNC). Only convictions from court or cautions will go onto PNC.

Phoenixuk2oz Apr 12th 2005 10:58 am

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by TheColebecks
I keep telling hubby he will have to still put this incident down on the application but he doesnt think he'll have to as he wasnt charged??? Any comments on this one would be gratefully received.
Hugs
Karen x

He would be better being upfront as any skeletons in the closet may make someone think there is more to it. Tell him not to worry. No one will be judgemental for such a minor issue.

The other thing: Mention to hubby all this means is he will get a file number printed below his picture on his passport..... like they do on crimewatch :D

That should get him extra points on his application :p

[only kidding :D ]

TheColebecks Apr 12th 2005 7:19 pm

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by Phoenixuk2oz
He would be better being upfront as any skeletons in the closet may make someone think there is more to it. Tell him not to worry. No one will be judgemental for such a minor issue.

The other thing: Mention to hubby all this means is he will get a file number printed below his picture on his passport..... like they do on crimewatch :D

That should get him extra points on his application :p

[only kidding :D ]

hehehehehe - i'll stick some back height lines on his passport photo, for a laff!!!!!

You are right, being up front is defo the right way to go - at the end of the day he was totally innocent and if they want to look into the papers relating to the 'crime' this will become apparent anyhow.

Have a good day.
Karen x

TheColebecks Apr 12th 2005 7:20 pm

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by Phoenixuk2oz
He would be better being upfront as any skeletons in the closet may make someone think there is more to it. Tell him not to worry. No one will be judgemental for such a minor issue.

The other thing: Mention to hubby all this means is he will get a file number printed below his picture on his passport..... like they do on crimewatch :D

That should get him extra points on his application :p

[only kidding :D ]

hehehehehe - i'll stick some black 'height' lines on his passport photo, for a laff!!!!!

You are right, being up front is defo the right way to go - at the end of the day he was totally innocent and if they want to look into the papers relating to the 'crime' this will become apparent anyhow.

Have a good day.
Karen x

Phoenixuk2oz Apr 12th 2005 7:26 pm

Re: Have You Been Arrested Does It Effect Visa?
 

Originally Posted by TheColebecks
hehehehehe - i'll stick some black 'height' lines on his passport photo, for a laff!!!!!

You are right, being up front is defo the right way to go - at the end of the day he was totally innocent and if they want to look into the papers relating to the 'crime' this will become apparent anyhow.

Have a good day.
Karen x

Lol.....I heard you the first time :D :D :D

PS. Good idea re black height lines :D

And make sure he doesn't have arrows on his shirt when he gets his passport photo taken :D


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