Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

First of all; Hi Everyone!

Ive spent the last few hours scouring the forums for the information to my question, unfortunatley all the information seems to be 'older' people who have fully spent cautions.

First of all I recently graduated (July 2009 BSc Computer Science) which still allows me to apply for the Bunac Student 2010 working holiday visa (which from what I understand gives me another chance to use the Non-Student visa later)

Unfortunatley however, when I was 19 in my first year of University (May 2007) I did something stupid at work and got caught :( (im very ashamed of this). I accepted a police caution for fraud of £35 (which i paid back in double there and then - before the police arrived at work). Im certain this will be shown in an ACPO check and as its only been 2.5 years since it happened I'm not sure if I should bother to apply in December for the Bunac programme.

When I was detained at the station for an hour or so I didnt have any photographs or fingerprints taken. Just a signed account of what happened. I think this classes as simple caution (I wasnt put on 3 month watch). Will this make a difference to the fact the caution was for fraud? or will the amount of money involved make any difference?

I guess the thing that bothers me is that I've managed to keep this shameful act hidden from my parents for so long and if I apply and my application is rejected I don't really want to have to explain to my parents the entire ordeal.

My questions to sum up:
1. Is applying before the 5 years of a caution a futile thing to do for Bunac Student program - even though i genuinley regret the entire thing?
2. If I apply and get rejected, will I be able to enter Canada as a visitor (we have a family friend in Canada getting married next summer and I'd like to be there)
3. In 5 years time if I wish to apply for the Non-Student programme will I be required to get rehabilitation papers sorted?

Any information about anything Ive asked - or even advice on what to do would be GREATLY appreciated:thumbsup:

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

I thought...and I am happy to be corrected here...that a caution does not result in a criminal record. Again though this is based on my shoplifting experience in the early 1980s. Why not get a police record check in the UK and see if it shows?

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Thanks for responding lmartin999 :)

The caution doesn't qualify as a conviction or a criminal record here in the UK as far as I understand - so a criminal record check shouldnt yeild any information. However ive read that in the forms its mandatory to answer if have committed any crime or have a caution and will be asked to elaborate.

From what I have gathered; if the nature of a caution can be, it will be virtually translated directly to a conviction if heading to Canada - even though here its not technically a conviction.

The information in other threads are all of cautions which have been 'spent' (over 5 years) Plus they seem to be seen more as drunken antics or misdemeanors, things that (in my eyes) seem far less serious than what I have done :(.

Id like to hear if anyone who had a caution within the 5 years, has managed to get their Bunac application awarded?

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

The standard is a criminal *act* or conviction. If what you have admitting to doing would translate into something in the Canadian Criminal Code then I would expect you to have a problem.

You can alway try but the likelihood of success is probably pretty low.

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Were you actually arrested and booked into Police Custody in front of a Custody Sergeant??? It is normal procedure when you are booked into custody to have your fingerprints/photo/DNA taken.

Were you given any paperwork in relation to the incident? If you were formally cautioned you should have been given a copy of this.

A formally issued caution "will" appear on a UK police check as it is still treated as a finding of guilt. However you may have just been interviewed and no sanction issued.

Tim

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

As far as Canada is concerned a Police caution is the same as a conviction.

Its one of the reasons its rarely advisable to accept a police caution, but to go ahead and see if they prosecute (which they mostly don't) and then of course you get your day in Court (or not if those involved cant be bother to go to court for such a trivial matter). If at the end of the day you are convicted, well your no worse off (records wise, you may have to pay a fine/costs) than having the Caution on your record.

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Thanks everyone for replying!

@tim010
I wasnt arrested, i was more...'escorted' to the police station, not once did I have a pair of cuffs put on during the entire thing. I had one sergeant come and take take an account of everything, after this, I had his 'in-command' come and talk to me for all of about 5 minutes.

I dont actually remember what he said to me in all honesty. But as soon as he talked to me, they let me go. I don't recall taking any paper away, or being sent anything after that. I definately didnt have fingerprints or DNA or a photo taken.

The internal affairs worker gave a tape to the police however with me explaining the entire situation.

What was actually said to me by the police seems much of a blur now. Is it possible I didnt get a formal caution?

I've decided im going to get an ACPO check done anyway - id rather spend £35 now and see whats on it than risk spending £500 on the bunac thing. I know this might sound ridiculous, but should I tick the convictions/caution box if im actually no longer sure about if I officially got one? :S

thanks again everyone.

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Sounds to me that you weren't formally cautioned, get the Police check done and if nothing shows up just forget it ever happened.

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Here is what the Home Office says about a simple caution:

A simple caution is not a criminal conviction, but it will be recorded on the police database. It may be used in court as evidence of bad character, or as part of an anti-social behaviour order (ASBO) application.

The record will remain on the police database along with photographs, fingerprints and any other evidence taken.

It does not say how long it remains on the police database:

http://www.homeoffice.gov.uk/police/powers/cautioning/

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Thanks for the link, as far as Im aware the caution will never be cleared but im not entirely sure of the 'cool off' period. I thought it was 5 years but that page seems to indicate its 2 years.

Anyway as soon as I can ill be sending off for this APCO check. As soon as I get it ill let you guys know what it says and will be able to make a more informed descision whether I should try in December.

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

I agree that you may have been lucky and simply given a verbal warning at the police station instead of anything formal. Get the police check done but it sounds like you will be ok.

Tim

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

Im embarrassed to admit I was arrested, and charged in court for being drunk and disorderley (on my 18th Birthday). The following year i was accepted into the BUNAC program with no questions asked.

I think you should be ok, however things may have changed now as this was about 8 years ago!

Re: Bunac Student Open Work Authorisation Visa - Police Caution problem...?
 

I would not be too embarrassed. I think most of us did the same (or even worse) in our teens. I suppose the difference is that some get caught and some don't. I was lucky.