new-life

Hi

I am in the process of Canadian immigration application under the skills category as I have sufficient points and fall under one of the 38 skills list.

All is great apart from a sickening worry I have over a criminal check.

Several years ago I was attacked by some complete stranger under the influence of narcotics with an iron bar...I fought back and got the better of him and in the process knocked out his two front teeth.

I was arrested and charged with ABH and freed under a police caution even though I was only defending myself.

Never thought any more until now.

Does anyone have any idea if this will scupper my application???

Thank you.

MAC32

A Caution is fine

Its just when it goes to Court and your Given a "Criminal Record" for ABH is a Different Story...

Mac

new-life

Mac you're a star

I sincerley appreciate your response.
I was so worried it would spoil the rest of our lives.
Thank you.

MAC32

Just remember A Caution only lasts 3-4 years (Depending If Your In Scotland)

What Immigration do not want to see is "Criminal Records" this is when you go before a Judge.

Mac

zednought

They do or they don't? Either way your advice is wrong. You can't apply what would be lawful in the UK (or elsewhere) to Canada.

MAC32

As Per CIC Paris Advice given to me about Criminal Records...

Canada Immigration are only Interested in "CRIMINAL RECORDS" According to them they want to know if you ever had been sentanced or convicted in Criminal Court of Law.

A Caution does not show after 3 years as its automatically deleted. USA Immigration ask for Criminal Check and PNC.

Facts are correct Zed "SORRY"

Mac

Siouxie

My son's 2 cautions are still showing on his ACPO certificate - from 6 and 7 years after being given!

Luckily we had put them down on the application forms and it doesn't seem to have made a difference to immigration.

2 years ago the London CIC website stated that cautions were treated the same as convictions. It no longer shows this although the wording for criminal inadmissibility is "If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada."

Accepting a caution is admission of commiting the crime, therefore the correct answer to "have you ever committed or been convicted of a crime" is yes.

I would get the ACPO to make sure nothing is showing before deciding how to respond to that question

weaver2008

The police in the UK do not delete cautions although the law says they have to. A friend of mine got one 15 years ago for a very minor scuffle. He got in a similar situation a year back and they brought up the original caution from way back to "discuss". By rights that should have been deleted 12 years ago but it wasn't.

Just like the DNA database full of millions of samples from innocent people that won't get destroyed regardless of what the EU states. Thats a bit off topic though.

I would check your certificate and then if its on there then try and challenge to get it removed. I have a sneeky feeling that rather than it being some conspiracy to keep all this data it is the police and support services not wanting to spend time going into peoples records and delete the information.

Good luck.

zednought

So you were advised wrong. I'm sure CIC would be very interested if you'd been convicted in ANY court. Quite apart from anything else immigration ask whether you've ever been charged with any offence -- which the OP needs to answer in the affirmative. The question does not qualify it further by saying except if the conviction was "spent" or it's now been deleted for police records, etc. etc. etc.

new-life I would suggest you take siouxie's advice. You'd have to provide the ACPO certificate in any event.

PaulOK

Agree, get an ACPO police certificate now to clear up any doubts. It's the only way to be sure. Anything else is just second-guessing.

christmasoompa

Facts are not correct I'm afraid Mac. Do a search of the forums for 'caution' and you'll find that they can affect immigration adversely, and that they do show on police checks for a lot longer than 3 years.

MAC32

Ok...

(Was) IT Manager For South Wales Police Force for 3 years and Left Sussex Police 3 years ago also as IT Manager.... I give you this as my Knowledge and Fact.

Caution Stays Live for 3 Years then you Visit the Police station that Issued your Caution With Your Personal Identification "To Remove It"

Why I know this let me say 4 Years ago I had a Caution for Beating my Friend into 2 day Coma (He Hit his Girlfriend And Broke just about every rib bone in her body and Jaw)

The Incident Was on CCTV and was given a caution because I was defending her (Go Figure)

Now I called CIC Paris (As I Am based in Spain) explained the Above Before Sending My Application This Week..

There Question..... Did you go to Court and get convicted of any Criminal Proceedings ? I answered "NO" I received a "Police Caution"
CIC Question do you have Anything on registered as "Criminal Activity"

I answered "No" On My CRB Check as of October 2009 listed as

Police Records of Convictions, Cautionsm Reprimands and Final Warnings
"NONE RECORDED"

Also Thursday 1st October ACRO Police Cert Nothing Listed...

So Sorry guys for the people that say I am Wrong..

I do not answer No For the Fun of it !

Mac

weaver2008

Hi Mac,

You say that Caution Stays Live for 3 Years then you Visit the Police station that Issued your Caution With Your Personal Identification "To Remove It"

However in your post above you say

A Caution does not show after 3 years as its automatically deleted.

This is a bit of a contradicion, no?

People in this post are stating that they still have cautions being picked up by ACPO after the three years have elapsed so clearly there is nothing automatic about the removal after the three years in some cases.

Just because you are an IT manager does not mean you are the fountain of all knowledge regarding the deletion of cautions. Just because in your case your caution was removed does not mean that other peoples are also. I suspect that the system is far from perfect. The police organisation has just as many burocratic failings as any other large organisation. If you are an IT manager you should know this.

Clearly the best way to be sure here is as has been suggested and to get a police certificate which will either say there is a caution or not. If there is and its older than three years then go to the police station where it was issued and request its removal.

When it comes down to trusting opinion I think I would go with christmasoompa who has been on here since time began and has a wealth of knowledge.

Cheers

MAC32

Hi

Let me give you a lift off your high horse and say,
I am not questioning the moderator’s ability or Knowledge of Canada or other stuff.

Yes it is Automatic and Yes I did go to The Police Station (Were I Worked)
To make sure of Cautions removal..

Sorry for peoples bitterness on here.

Not Questioning Peoples Knowledge I just Find It Strange that my Caution was removed were as everyone else seems to still to have there’s.

But hey from now on I leave you guys to it… as YOUR opinions only Count.

Mac

PaulOK

I love internet comment boards. Complete strangers say stuff to each other, and in a manner, that they'd never do face-to-face!