Caution on ACPO

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Old Jul 6th 2013, 6:26 am
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Default Caution on ACPO

Does anyone know for a 'fact' if a caution on an ACPO for 'assaulting a police constable' will effect chances of obtaining a visa (joining partner on a work to residence visa)?? please helpppp! (It is for New Zealand)
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Old Jul 6th 2013, 6:41 am
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Default Re: Caution on ACPO

Originally Posted by clarabella31
Does anyone know for a 'fact' if a caution on an ACPO for 'assaulting a police constable' will effect chances of obtaining a visa (joining partner on a work to residence visa)?? please helpppp! (It is for New Zealand)
I would just like to mention that it was not quite an assault and makes it sound absolutely terrible. I have never been in trouble in my entire life. but obviously immigration will not be interested in the story surrounding the caution. I would also like to add that it did not go to court or anything like that... Than kyou in advance
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Old Jul 6th 2013, 6:43 am
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Default Re: Caution on ACPO

Originally Posted by clarabella31
I would just like to mention that it was not quite an assault and makes it sound absolutely terrible. I have never been in trouble in my entire life. but obviously immigration will not be interested in the story surrounding the caution. I would also like to add that it did not go to court or anything like that... Than kyou in advance
So do you have a caution on your ACPO?
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Old Jul 6th 2013, 6:51 am
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Default Re: Caution on ACPO

I have never 'previously' been in trouble in my entire life :/
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Old Jul 6th 2013, 6:52 am
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Default Re: Caution on ACPO

Originally Posted by clarabella31
I have never 'previously' been in trouble in my entire life :/
Sorry about that - have you received your ACPO certificate with caution on it, or are you just guessing that it's there?
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Old Jul 6th 2013, 7:29 am
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Default Re: Caution on ACPO

Originally Posted by old.sparkles
Sorry about that - have you received your ACPO certificate with caution on it, or are you just guessing that it's there?
Yes I have received it back with a caution on it.. I am devastated
at the time they said not to worry because nothing would be put on record and then I received my ACPO back with it on.. Do you think they will refuse my visa?
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Old Jul 6th 2013, 7:35 am
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Default Re: Caution on ACPO

Originally Posted by clarabella31
Yes I have received it back with a caution on it.. I am devastated
at the time they said not to worry because nothing would be put on record and then I received my ACPO back with it on.. Do you think they will refuse my visa?
I wouldn't like to say, but it's only a caution and no actual conviction. How long ago did you receive it?
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Old Jul 6th 2013, 7:37 am
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Default Re: Caution on ACPO

Originally Posted by old.sparkles
I wouldn't like to say, but it's only a caution and no actual conviction. How long ago did you receive it?
Having said that, in the UK a caution is the same as admitting guilt, just that no court case ever occured.
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Old Jul 6th 2013, 7:37 am
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Default Re: Caution on ACPO

It was 2011..
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Old Jul 6th 2013, 7:38 am
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Default Re: Caution on ACPO

I am seriously panicking like mad.. husband is already there and me and the children want to join him..
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Old Jul 6th 2013, 7:39 am
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Default Re: Caution on ACPO

Do you know of any web sites with that kind of information on it?
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Old Jul 6th 2013, 7:42 am
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Default Re: Caution on ACPO

Originally Posted by clarabella31
Do you know of any web sites with that kind of information on it?
I have been on immigration nz and they state to be of good character then you must not have been imprisoned for 12 months or more but it doesnt say anything about cautions.
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Old Jul 6th 2013, 7:45 am
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Default Re: Caution on ACPO

So I found the operational manual - http://www.immigration.govt.nz/opsmanual/index.htm

And this is the relevant section
A5.25 Applicants normally ineligible for a residence class visa unless granted a character waiver

Applicants who will not normally be granted a residence class visa, unless granted a character waiver (see A5.25.1(b) below), include any person who has been:
a.convicted at any time of any offence against the immigration, citizenship or passport laws of any country; or
b.convicted at any time of any offence involving prohibited drugs; or
c.convicted at any time of any offence involving dishonesty; or
d.convicted at any time of any offence of a sexual nature; or
e.convicted at any time of any offence for which they were sentenced to a term of imprisonment (whether the sentence was of immediate effect or was deferred or was suspended in whole or in part); or
f.convicted (whether in New Zealand or not) of an offence committed at any time when the applicant was in New Zealand unlawfully or was the holder of a temporary entry class visa or held a temporary permit under the Immigration Act 1987 or was exempt under that Act from the requirement to hold a permit, being an offence for which the court has power to impose imprisonment for a term of three months or more; or
g.convicted at any time of any offence involving violence; or
h.convicted at any time during the last five years, of an offence (including a traffic offence), involving dangerous driving, driving having consumed excessive alcohol (including drunk driving and driving with a blood or breath alcohol content in excess of a specified limit) or driving having consumed drugs; or
i.in the course of applying for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information; or
j.at any time in a public speech or public comments, or public broadcast, or in publicly distributing or publishing a document;i.argues that one race or colour is inherently inferior or superior to another race or colour; or
ii.used language intended to encourage hostility or ill will against any person or group of persons on the basis of colour, race or ethnic or national origins of that person or group; or

k.has been, or is, a member of (or adheres or has adhered to) any organisation or group of people which (at the time of the person's membership or adherence) had objectives or principles based on:i.hostility against people or groups of people on the basis of colour, race, or ethnic or national origins; or
ii.an assumption that persons of a particular race or colour are inherently inferior or superior to other races or colours; or

l.in support of any application by another person for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged.
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Old Jul 6th 2013, 7:50 am
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Default Re: Caution on ACPO

Originally Posted by old.sparkles
So I found the operational manual - http://www.immigration.govt.nz/opsmanual/index.htm

And this is the relevant section
Thankyou very much for your help I feel tons better Time to carry on packing! x
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Old Jul 6th 2013, 7:51 am
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Default Re: Caution on ACPO

Originally Posted by old.sparkles
So I found the operational manual - http://www.immigration.govt.nz/opsmanual/index.htm

And this is the relevant section
sounds like (g) might be the one to cause problems without a waiver, depending on how they look at the caution, I realise a caution means you didn't go to court, but it is, by it's nature, an admission of guilt. Only way would be to ask, people on here can't second guess the people dealing with immigration.
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