ewanainsworth

Hi there, just thought I'd give my experience for all those worried about their dodgy past coming back to haunt them.
My partner and I applied for PR with her being the main applicant. I have a criminal record from 1994 . Two minor offences. I hate those effing convictions. Anyway, I declared on the eoi that I had convictions etc. We were contacted by our CO and was given time to collate more evidence to explain my case to them. I obtained a character reference from a retired justice of the peace and a police sergeant, both of whom have known me all my life. The references stated that I had never been in trouble before or since and that it was completely out of character etc etc. I also wrote a full and very detailed description of my offences and the circumstances surrounding them.
I didnt have to get any of the documents signed by a solicitor. This whole process delayed our application by about two weeks as the evidence needs to be reviewed by a second immigration officer before a character waiver is granted.
All of the above seemed to have worked as we have been granted PR and leave Glasgow Airport at 1720hrs today!!
Slange.

Water Lily

aaaah you're two different people, that'll explain it

Yes, that's what I found on their web page, apparently the check is not available to the general public as such, you can only apply if someone has asked you to get one (as you say, if you're going to work with vulnerable people, even as a volunteer), in which case that company has to provide you with the relevant form.

A statutory declaration should be simple enough, all we need to do is find a solicitor that's not booked up for weeks in advance so this doesn't delay our application, and as that's all they've asked for I guess that's all we need! Watch this space....

Water Lily

Hi there, thanks so very much for taking the time to reply, I guess that means you've finished packing?

So back to the police record.... it seems strange that we all get asked to produce different paperwork, but maybe it depends on what you have declared on the EOI and/or how old the convictions are etc? Sounds like you had two very good referees, unfortunately we don't know anyone in any of these relevant professions, only OH's aunty who is an ex police superintendent no less, but as she's such a close blood relative we're not sure her evidence would be accepted as it could be deemed as biased?!?

Have a good flight, enjoy the adventure, hopefully we will follow you soon!

Water Lily

Right, I just rang my local Magistrates Court and they knew exactly what I wanted and have confirmed we can have it done there.

Though apparently there is no official form, we just have to type the declaration up ourselves, then OH will have to sign it in their presence and they will then sign it as witnesses and charge us £25 for the favour

Think I'll go to google next and see if I can find a sample somewhere that we can use as a starting point...

By the way, does anybody know if we have to declare motoring offences as well?!? Have only ever had points for speeding (no drink driving or anything horrible), do these count?!?

bolton1

Thanks for this could be really useful if needed. The OH had better start getting his statement ready !

Water Lily

Right, thought this might be useful for someone else....

For those of you whose police record comes back as "no live trace" and are asked to provide a statutory declaration!

As per my previous post, we had to do this for OH and we went to our local Magistrates' Court to do it. We were originally told there was no official form and we could just type it up ourselves. However, once there, their legal advisor said we didn't have the right wording in and the secretary had to type it all up again!

OH then had to read it out in front of 3 magistrates (going bright red in the process ), one of the magistrates then signed the piece of paper as a witness and off we went. We were worried that it might not be accepted as it was just a white piece of paper, no letterhead, no official stamp, no way of identifying the witness other than by her signature.... we could've asked the neighbour to sign it and saved ourselves 25 quid!!! So just in case, we added the payment receipt (which was on letterhead) to the stat dec when we sent it to our CO and she was happy with it.

And as for the official wording that needs to be used.....

I, [insert full name], of [insert full address], born on the [date] in [place of birth], do solemnly and sincerely declare that I list here full details of every offence for which I have ever been convicted.

Details of conviction:

[explain circumstances surrounding the events in your own words]

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.

Dated this [date] day of [month and year]

Signed: _______________________________



Declared before me: _________________________________
[signature of witness: solicitor, notary public or justice of the peace (=magistrate)]
[title]


Hope this helps!
Good luck everyone!

nic.gem.soph

Hi, thanks for this, glad you got it sorted. The problem we'll have is he can't remember "full details of every offence", he hasn't a clue :curse:
so what would we do/put/say??? Help

nic

Water Lily

Hmmmm... not sure anyone can help you here... how can he not remember? was he that drunk?? even if he doesn't remember every single detail, he must remember something?!

If not, all I can suggest is that he gives ACRO a call, they might be willing to give him details of what they have on their records over the phone... failing that, he'll have to make something up I guess, and be as honest as he possibly can! After all, the stat dec says "I make this solemn declaration conscientiously believing the same to be true...." All he can do is his best!

Sorry don't know what else to suggest. Good luck!

Snyffa

Now then lets not quote me on this BUT.....If your certificate has come back no LIVE trace, then that means there have been convictions but these have been spent...The police therefore still hold the details of said offences, and i would presume you can contact ACRO or such like to achive a detailed account of what happened where and when and what came of it i.e
aged 18 on 16/03/1982 caution given for theft from local shop.
Contact those in the know is my theory.
hope this helps
x

Water Lily

Well yes, that makes sense and you would think you could do just that! But believe it or not it's not easy to get that information off them!! We tried as OH could only remember it happened during "the summer of 1990", and we thought we might need exact dates etc, but they wouldn't give out that information even.

So that's what we put down on the stat dec, we thought we may have problems as it was a bit vague, but it was accepted like that, no more questions asked.....

nic.gem.soph

[QUOTE=Water Lily;6677022]Hmmmm... not sure anyone can help you here... how can he not remember? was he that drunk?? even if he doesn't remember every single detail, he must remember something?!

He was a bolshy 16 year old, playing up with a gang of mates and didn't listen to a word anyone told him, police, courts etc...... Very different now obviously but I could kill him! :curse: Small things like criminal damage to a car, theft, having a fight one night (that one was with a few drinks inside on his birthday!)

I guess we'll have to go with the bits he does remember and cross our fingers. Hopefully if ACPO won't tell us the details they won't tell NZIS either??

Nic