the sound of the waves

Hi im a newbee here. My husband and I are thinking about emigrating to Oz but dont know if he will pass the police character check. A few months ago we were both very some drunk and I said some terrible things to him. As a result, he grabbed my arms and I called the police. Subsequently he was arrested but let go next day with a "simple caution". My husband is in no way at all violent and previous to this he has never had any involvement with the police. I felt and still do feel very guilty about calling the police on him as he is the most loving and kindest of men iv ever met. However, the fact is, he has a "simple caution" from June 09 and i fear that this will prevent us gaining a visa. Has anyone been granted a visa with a simple caution on police records?
I anxiously wait any response from you kind people out there.

Jeanette

alanwalker20

hiya, i`m a newbie here too and i`m going thro a spouse visa as we speak, so i know how your feeling right now. As far as i know, when you do police checks, the certificate will come back obviously with something on it. Don`t panic, doesnt mean you can't go. Just be very honest on all your forms and tell them of the situation, what happened and the outcome. I'm not going to get your hopes up because that would be wrong of me and i wouldn`t be 100% sure but just be honest with them. My guess is that they will ask for the FORM 80 character assessment for furthur review of your husband but, like i said, speculation...seriously tho...i wouldnt worry yourself too much, its not like he is a convited murderer, thief or rapist...i'm sure someone else on here could give you furthur info but, like i said...don't worry, minor details

Ozwanderer

If you have a look at the documents linked on http://www.immi.gov.au/allforms/character-requirements/ you'll see you have to be a much worse kind of person to get refused immigration on character issues.

the sound of the waves

Thanks but i'm still really worried about this and full of guilt I appreciate both of your comments as they are very helpful. Im still anxious about this and really dont want to waste a lot of money to eventually get refused a visa! Hoping someone will read this thread who has been in a similar position and advise.

thanks

Jeanette

leecoup

OK. Be honest as the police checks will list everything. You will be fine. I know of people in a very similar situation who got through no probs.

bluefairy

Just be honest. I've seen others with previous convictions get visas here somewhere...

Best to get expert advise though.

Dorothy

The simple caution is probably going to be fine. Yes, he will probably be required to submit a form 80 but that's not a problem. Your partner can do a statement describing what happened and how it was a one-off and will never happen again. Get some character references from friends who know you both and can say that this type of thing has never happened before and that they know your relationship to be loving and non-violent.

As others have said, there have been much worse things which have got through. You're worrying needlessly.

effkay

Why don't you lodge a pre-application query with the department?

Dorothy

What's a pre-application query and where would she lodge it?

Pollyana

Assuming you are talking about the UK, there is no such thing as a "simple caution". If you are officially cuationed you will be told that, you will agree to it, and it goes on record.
When you get a police check done to migrate, being so recent it will be on file.

It is highly unlikely to have any effect on your migration, but I would advise you to speak to an agent - lots of them on here, my personal recommendation is George Lombard, and I know he has dealt with cases in the past with police records. An agent like George can advise you what to say on the forms, and whether you will need character references.

Pollyana (used to do the police checks for migration!)

Bermudashorts

Do cautions "drop off" the UK police checks after a certain length of time?

Or does it just become "no live trace".

Pollyana

Anything since (I think) 1995 was put onto PNC. They are supposed to have a "life" of about 5 years, but some stay on because of the offence, the previous history of the offender, or because they wereinput wrong.
If anyone believes a caution should have been deleted and yet it still appears on their record they should contact the Commander, New Scotland Yard.

Aus migration police checks are now done through ACPO, but there is nothing to stop any member of the public applying to their local Police HQ for a Subject Access check (the ones that used to be acceptable for migration to Aus). If anyone wants to know what is on their record, contact the Data Protection office at their County Police HQ (or NSY for the Met) and ask about a Subject Access Check. Costs £10 and you are entitled to have the information for no other reason than "I want to know what is on file about me" . Don't mention migration, it will confuse things. That way you will know what will be on the ACPO check before you get that one done

No Live Trace usually refers to very old records only held on microfiche - pre computer days. Once a caution/conviction is weeded and delted, it is gone forever.

sooperlids

Pollyana, seems you may be incorrect about a "simple caution" according to this....

http://www.xact.org.uk/investigation/news/art-7.html

http://www.xact.org.uk/information/d...OC_16-2008.pdf

Either way Jeanette as others have said just be up front & honest & you will be fine.

It's news to me too

Bermudashorts

I got bored reading that ten page document. In what way does it contradict what pollyanna said?

sooperlids

This bit............

there is no such thing as a "simple caution"

ok?