darbydoo

Hi all. In the process of applying for a work visa for my husband and I. His police check has come back today with 'no live trace' on it, which according the the letter, states 'whilst there is criminal record I formation held about you, this information does not appear on your police certificate as it is deemed no longer relevant. It still forms part of your criminal history and it is your responsibility to declare it in accordance with the conditions of your visa application'.

8 years ago, a friend of his was involved in a fight and both him and my husband were then held at the police station overnight (as they were drunk) and questioned the following morning. No charges/ convictions were brought upon my husband.

Has anyone else experienced this with police certs? What do we need to do now regarding the visa application?

escapedtonz

Yes I had that also. We applied in 2010 and I'd been done for drinking and driving when I was a young pup 13 years previous - standard 250 quid fine and 12 months ban, so it was still on my record but no longer relevant. I still declared it to be safe, but it was never mentioned and didn't give me any issues.

darbydoo

ok thanks for that, that's good to know. when you say you 'declared it' (assuming to immigration), did you have to go through a specific process or did you simply write a cover letter to go with the police certificate? And did you have to say you were sorry etc?

escapedtonz

Nope, I just added the necessary info to the question relating to it on the application. I didn't mention anything about the police certificate specifically or that what I had declared was the reason for the "no live trace" on the police certificate. Also didn't say sorry ha ha! It was 13 years previous and beggar all to do with immigration.

darbydoo

haha ok thanks

janiejones

If there were no charges or conviction, then your husband should consider asking the police force to correct their record, as I believe the 'no live trace thing' only starts with cautions and above, and would be completely blank for no conviction. Just in case Immigration think you're not being straight with them, because they know how it works.

quiltman

OP does say "no charges/convictions were brought".however he may have been given a verbal caution and this is logged on the police computer.
to find out exactly what is on his record, he needs to apply for a Subject Access report, from ACRO, and this will show any actual offence etc.
If the subject Access shows nothing, then OP has a case for going back to ACRO and requesting both an alteration to the records and a refund.
so far as Immigration are concerned, "No Live Trace" means there is a recorded offence and although under UK law it is considered "spent" this does not mean it's acceptable to Immigration and they will ask for details.

MrsFychan

United Kingdom of Great Britain and Northern Ireland

states that you should still declare it even if the conviction has been stepped down

moving2NZ2013

Both mine and my husband said no live trace. We have never been convicted or cautioned. Ours said we were to declare any convictions or cautions but we couldn't declare something we have no recollection of. All was fine and visa was approve

darbydoo

Yes he received a verbal warning, so that's probably what's on the file. We're going to phone ACRO tomorrow to clarify anyway and to see if they can give further details quicker than the 40 days detailed on their website! It's a bit silly that they don't gove further details as a matter of course when they know people need it for a visa application isn't it.

TommyLuck

Mine also came up with "no live trace" due to a road related conviction, on a bicycle.

I fessed up in my application, on the basis that honesty is the best policy. Didn't cause any problems.

Tom H

Mine came up as No Live Trace, which was down to receiving a caution for GBH when I was 19 years old

I declared it on the form, it got me into the country without any problems. I even had to declare it again when applied for residency, again no issues

I've never, ever heard of a case where they've refused anyone immigration entry due to no live trace - providing they declare it. If you tell porkies and they find out, well that could be a different thing

Plus you're applying to New Zealand, not the USA - now that is a different game!

darbydoo

Ha yes good point! Was reading a few scary stories on other forums, but they were mostly usa ones.

I agree honesty is the best policy, so we will just declare It on the form.

Thanks all

Tom H

That'll lead to my second advice, don't fly to Auckland via LA!!!!

Although in transit, you may be ok - just make sure you're not changing flights from NZ1 to NZ5

Having said that, if travelling as a family, you should be ok. Travelling on your own, now that's a different story!

darbydoo

ok!

We are probably going to go with qantas via sydney as we like the big airbus A380