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-   -   Subject Access Request (Acro) Illegal? (https://britishexpats.com/forum/australia-54/subject-access-request-acro-illegal-941915/)

paddy234 Dec 12th 2021 9:57 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by old.sparkles (Post 13080816)
Warning or caution? As mentioned, a caution is a conviction since you acknowledge you committed a crime when you accept the caution.

I'm not sure if a warning would give a 'No Live Trace', so if you used that term in your stat. dec, it may explain why you now have been asked if you would do the subject access request.

If you are still concerned, you can always tell immi that it's unlawful, that the ACRO provides all the info they need, and let them adjudicate your application as is.

EDIT - just had a quick Google, and warnings might appear on an ACRO. There is still a difference between warnings and cautions though, so you should describe your record accurately and consistently, as even if the original case does not warrant refusal, if immi think you are not honest with your answers it'll have a negative impact I would think.

Caution

If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
https://www.nidirect.gov.uk/articles...l-record-check

Sorry i meant to say i just have a caution. To be honest i'm less worried since many posters on here see the subject access request as normal. I've just never heard of it before and reading the ACRO site they state it is against the law for any organisation to demand this so i was a bit worried. I'm just going to upload it when i get it as i've nothing to hide, maybe a few of the details will be off such as the exact year it happened as it may have been 10 or 11 years ago but the overall story will be pretty much the same.

Pollyana Dec 13th 2021 10:17 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by paddy234 (Post 13080854)

Caution

If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.
https://www.nidirect.gov.uk/articles...l-record-check

Sorry i meant to say i just have a caution. To be honest i'm less worried since many posters on here see the subject access request as normal. I've just never heard of it before and reading the ACRO site they state it is against the law for any organisation to demand this so i was a bit worried. I'm just going to upload it when i get it as i've nothing to hide, maybe a few of the details will be off such as the exact year it happened as it may have been 10 or 11 years ago but the overall story will be pretty much the same.

Until a few years ago, the Subject Access check was the one required for immigration. As a former worker in the Subject Access arena, I strongly suspect that the Home Office is trying to dissuade people from wrongly supplying it for migration purposes now, by being so blatant with their warnings that its a personal document and "not for immigration purposes".

paddy234 Dec 13th 2021 11:10 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by Pollyana (Post 13081094)
Until a few years ago, the Subject Access check was the one required for immigration. As a former worker in the Subject Access arena, I strongly suspect that the Home Office is trying to dissuade people from wrongly supplying it for migration purposes now, by being so blatant with their warnings that its a personal document and "not for immigration purposes".

Unfortunately the unhelpful and vague police clearance they send out is responsible for anyone with a no live trace or live trace requesting a subject access form making the Police Clearance useless. It's format clearly wasn't thought through and they are needlessly creating more work for themselves. This obviously is a common scenario, you would think they would re-asses it

scrubbedexpat099 Dec 14th 2021 1:28 am

Re: Subject Access Request (Acro) Illegal?
 
If you have a caution you admitted an offence.

old.sparkles Dec 14th 2021 7:33 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by paddy234 (Post 13081104)
Unfortunately the unhelpful and vague police clearance they send out is responsible for anyone with a no live trace or live trace requesting a subject access form making the Police Clearance useless. It's format clearly wasn't thought through and they are needlessly creating more work for themselves. This obviously is a common scenario, you would think they would re-asses it

Only common for those that have convictions or cautions.

Many of those know in advance that applying for a visa may not be successful.

paddy234 Dec 14th 2021 10:24 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by Boiler (Post 13081134)
If you have a caution you admitted an offence.

That is correct. It is still different from a conviction however

paddy234 Dec 14th 2021 10:27 pm

Re: Subject Access Request (Acro) Illegal?
 

Originally Posted by old.sparkles (Post 13081338)
Only common for those that have convictions or cautions.

Many of those know in advance that applying for a visa may not be successful.

True but think of the substantial amount of people with a caution who are very likely to be successful and therefore need to go down this route. ACRO should be well accustomed to it by now.


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