police checks simple caution

Old Jan 12th 2010, 6:27 am
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2010
Posts: 21
the sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud of
Default police checks simple caution

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
the sound of the waves is offline  
Old Jan 12th 2010, 6:41 am
  #2  
Forum Regular
 
alanwalker20's Avatar
 
Joined: Oct 2009
Location: Adelaide, Australia
Posts: 76
alanwalker20 has a brilliant futurealanwalker20 has a brilliant futurealanwalker20 has a brilliant futurealanwalker20 has a brilliant futurealanwalker20 has a brilliant futurealanwalker20 has a brilliant futurealanwalker20 has a brilliant future
Default Re: police checks simple caution

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
alanwalker20 is offline  
Old Jan 12th 2010, 7:12 am
  #3  
Banned
 
Joined: Oct 2009
Posts: 547
Ozwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to allOzwanderer is a name known to all
Default Re: police checks simple caution

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.
Ozwanderer is offline  
Old Jan 12th 2010, 7:33 am
  #4  
Just Joined
Thread Starter
 
Joined: Jan 2010
Posts: 21
the sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud ofthe sound of the waves has much to be proud of
Default Re: police checks simple caution

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
the sound of the waves is offline  
Old Jan 12th 2010, 9:46 am
  #5  
Just Joined
 
Joined: Jan 2010
Posts: 7
leecoup is an unknown quantity at this point
Default Re: police checks simple caution

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.
leecoup is offline  
Old Jan 12th 2010, 9:52 am
  #6  
Forum Regular
 
bluefairy's Avatar
 
Joined: Oct 2008
Posts: 50
bluefairy is just really nicebluefairy is just really nicebluefairy is just really nicebluefairy is just really nicebluefairy is just really nicebluefairy is just really nicebluefairy is just really nicebluefairy is just really nice
Default Re: police checks simple caution

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

Best to get expert advise though.

Last edited by bluefairy; Jan 12th 2010 at 9:57 am.
bluefairy is offline  
Old Jan 12th 2010, 11:00 am
  #7  
Newlywed
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,934
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: police checks simple caution

Originally Posted by the sound of the waves View Post
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
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.
Dorothy is offline  
Old Jan 12th 2010, 11:52 am
  #8  
Forum Regular
 
effkay's Avatar
 
Joined: Jul 2009
Posts: 70
effkay is an unknown quantity at this point
Default Re: police checks simple caution

Originally Posted by the sound of the waves View Post
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
Why don't you lodge a pre-application query with the department?
effkay is offline  
Old Jan 12th 2010, 12:09 pm
  #9  
Newlywed
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,934
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: police checks simple caution

Originally Posted by effkay View Post
Why don't you lodge a pre-application query with the department?
What's a pre-application query and where would she lodge it?
Dorothy is offline  
Old Jan 12th 2010, 12:53 pm
  #10  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,320
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: police checks simple caution

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!)
Pollyana is offline  
Old Jan 12th 2010, 12:58 pm
  #11  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: police checks simple caution

Originally Posted by Pollyana View Post
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!)

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

Or does it just become "no live trace".
Bermudashorts is offline  
Old Jan 12th 2010, 1:24 pm
  #12  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,320
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: police checks simple caution

Originally Posted by Bermudashorts View Post
Do cautions "drop off" the UK police checks after a certain length of time?

Or does it just become "no live trace".
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.
Pollyana is offline  
Old Jan 12th 2010, 1:33 pm
  #13  
Forum Regular
 
sooperlids's Avatar
 
Joined: Sep 2008
Location: Hertfordshire
Posts: 80
sooperlids is on a distinguished road
Default Re: police checks simple caution

Originally Posted by Pollyana View Post
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!)
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

Last edited by sooperlids; Jan 12th 2010 at 2:48 pm.
sooperlids is offline  
Old Jan 12th 2010, 1:40 pm
  #14  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: police checks simple caution

Originally Posted by sooperlids View Post
Pollyana, seems you may be incorrect 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.

I got bored reading that ten page document. In what way does it contradict what pollyanna said?
Bermudashorts is offline  
Old Jan 12th 2010, 1:45 pm
  #15  
Forum Regular
 
sooperlids's Avatar
 
Joined: Sep 2008
Location: Hertfordshire
Posts: 80
sooperlids is on a distinguished road
Default Re: police checks simple caution

Originally Posted by Bermudashorts View Post
I got bored reading that ten page document. In what way does it contradict what pollyanna said?
This bit............

there is no such thing as a "simple caution"

ok?
sooperlids is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.