morganlight

Hi,

I'm planning on a round the world trip starting this september. My plan is to stay for a prolonged period on oz and apply for a 12 month working visa. However when I was at university I was a very silly boy and got myself into a bit of bother. I ended up with two police cautions for possession of a controlled substance. The message from most forums is clear - always declare any dark history when applying. However the application wording asks

"have you ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?"

The simple answer to this is no - as a police caution is not a conviction, but it will show on my police check I'm sure. Any help will be much appreciated as the worry is beginning to impact my plans!

Dorothy

A police caution is a conviction. By accepting the caution you have pled guilty to the charge. The answer to the question of whethr you have been convicted it "yes".

ex_exile

and a drug conviction too, sorry two drug convictions.

morganlight

So full disclosure is best.

Do you think it will impact my application?

Dorothy

Likely not.

JAJ

In fact, technically it is not a conviction (at least not under UK law), although increasingly treated as such.

morganlight

Correct - a criminal conviction can only be given in a court of law

suzymcculloch

Hi how did u get on with your visa? My husband is in the same boat, but his convictions were 10years ago so hope really hoping it comes through ok! its a waiting game..

Hope everything went ok with yours.

Suzy

morganlight

Hey, I emailed the embassy and they told me to attach supporting documents detailing the cautions etc to my application...

So i applied online then the bloody system crashed before I could attach the documents the application!! The following morning I got confirmation of my visa, however I still emailed saying there has been an oversight and I'd like to disclose my supporting documents regardless. I wanted to be honest, plus its not something that I want to be accused of hiding further down the line.

Basically I sent the supporting docs off last week and haven't heard anything back as of yet. The visa has been accepted though - I just wanted to disclose the cautions regardless.

Good luck in your case, I'll let you know any updates or advice I can offer.

martin1978

Having been there and done that I can tell you that there is no need whatsoever to disclose a caution for a working holiday visa. It is NOT a criminal conviction. You do however have to disclose it when applying for a permanent resident visa as there is an extra question, have you ever been found guilty of an offence.

moneypenny20

There is no point in NOT disclosing the caution for a WHV. As you say, it does have to be disclosed when you apply for a PR visa, you will also declare that you have previously held a WHV and they can and will then check and note that you did not declare the caution on that application. They could well want to know why and wonder if you're withholding any other pertinent information.

Tell the truth, and you'll have nothing to worry about

morganlight

Well hopefully I've made the right choice, still nothing back from WHM helpdesk and my last email was sent Thursday 17th. I even went out of my way to disclose my cautions - so I def can't be accused of trying to hide my history!!

xzibit

My WHV application was approved in approximately 4 minutes, so I imagine they'll be checking things out?

lozzaw123

Hey mate I'm in the same situation as you. I got nicked a month ago for being in possesion of class A drug.
I'm really worried incase I don't get my visa.
Is it best to declare it and be honest because I'm certain they can find out !

Didi you get your Visa in the end ?