British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   police caution applying for visa (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/police-caution-applying-visa-738661/)

amancalledsun Nov 11th 2011 7:03 pm

police caution applying for visa
 
About a year ago I ended up getting a simple caution from the police. Never went to court. I was out one night and some idiot picked a fight with me, my boss at the time broke somebodies nose, which I had no idea about until I was asked into the station a few weeks later. I was a friend of a friend of the guy so they knew my name. I was under alot of pressure to not drop my boss's name so had to "no comment" on everything. For this I got a caution because I was just "there".

I'v never been in trouble before. Just wondering if this will have any implications on my application. Will I be able to explain the situation?

Any help much appreciated.

lansbury Nov 11th 2011 8:10 pm

Re: police caution applying for visa
 
There isn't an offence of just being there :) what offence was the caution actually for. It could make a lot of difference.

ian-mstm Nov 11th 2011 9:34 pm

Re: police caution applying for visa
 

Originally Posted by amancalledsun (Post 9727824)
About a year ago I ended up getting a simple caution from the police.

There is no "caution for being there"... so, since we're not mind readers, what was the caution for?



Just wondering if this will have any implications on my application.
Again, we're not mind readers... what application?

Ian

amancalledsun Nov 12th 2011 10:10 am

Re: police caution applying for visa
 
Think it might have been assault? Don't remember it sounding that serious. Also, I'm applying for spouse visa.

amancalledsun Nov 12th 2011 10:15 am

Re: police caution applying for visa
 
No, can't have been assault. It was more for arguing and being involved than actually fighting.

Moxie Nov 12th 2011 10:40 am

Re: police caution applying for visa
 

Originally Posted by amancalledsun (Post 9727824)
About a year ago I ended up getting a simple caution from the police. Never went to court. I was out one night and some idiot picked a fight with me, my boss at the time broke somebodies nose, which I had no idea about until I was asked into the station a few weeks later. I was a friend of a friend of the guy so they knew my name. I was under alot of pressure to not drop my boss's name so had to "no comment" on everything. For this I got a caution because I was just "there".

I'v never been in trouble before. Just wondering if this will have any implications on my application. Will I be able to explain the situation?

Any help much appreciated.

You'll order a police certificate from ACPO like everyone else getting a marriage based visa. If it says "no trace", you have no record. If it says "no live trace" there is a record. Most people with "no live trace" order a subject access report also from ACPO to get further info on what is charged to theirr name. The embassy generally wants to see something in writing naming the charges and how it was handled over you just telling a verbal story. If your police report names the charges, then that suffices. If it went to court, then a full report from the court is needed. A minor pub scuffle won't normally prevent your visa. A crime involving moral turpitude (CIMT) could make you ineligible. I think you're wondering if people with previous crimes get visas. Yes many do. It depends on the crime.

(Edit: I wrote this while you were also posting, so didn't see your replies first)

masymas Nov 12th 2011 11:24 am

Re: police caution applying for visa
 

Originally Posted by amancalledsun (Post 9727824)
About a year ago I ended up getting a simple caution from the police. Never went to court. I was out one night and some idiot picked a fight with me, my boss at the time broke somebodies nose, which I had no idea about until I was asked into the station a few weeks later. I was a friend of a friend of the guy so they knew my name. I was under alot of pressure to not drop my boss's name so had to "no comment" on everything. For this I got a caution because I was just "there".

I'v never been in trouble before. Just wondering if this will have any implications on my application. Will I be able to explain the situation?

Any help much appreciated.

Personally I would get the police certificate first and see what if anything is on there. http://www.acpo.police.uk/NationalPo...tificates.aspx This link is where I obtained mine.
Post back when you have it and take it from there. IMHO a simple caution will not prevent you from obtaining a Visa.

amancalledsun Nov 12th 2011 11:30 am

Re: police caution applying for visa
 
Cheers guys I'll do that.

ian-mstm Nov 12th 2011 12:25 pm

Re: police caution applying for visa
 

Originally Posted by amancalledsun (Post 9728919)
Cheers guys I'll do that.

Regardless of what the ACPO certificate says, you must declare the incident.

Ian

jeffreyhy Nov 14th 2011 1:38 am

Re: police caution applying for visa
 
Sure would be nice if you if you knew. Not so much for our benefit, but the immigration folks will want better definition.

Regards, JEff



Originally Posted by amancalledsun (Post 9728849)
Think it might have been assault? Don't remember it sounding that serious. Also, I'm applying for spouse visa.


Originally Posted by amancalledsun (Post 9728852)
No, can't have been assault. It was more for arguing and being involved than actually fighting.


amancalledsun May 9th 2012 11:50 pm

Re: police caution applying for visa
 
Ok, so i got my certificate back, although it says nothing about "no trace", or "no live trace" it does say i have a caution for threatening, abusive language with the aim to cause intimation. The incident occurred at the end of 2010?

jeffreyhy May 10th 2012 12:07 am

Re: police caution applying for visa
 
You're asking us?

Regards, JEff



Originally Posted by amancalledsun (Post 10051427)
The incident occurred at the end of 2010?


amancalledsun May 10th 2012 12:09 am

Re: police caution applying for visa
 
Yeh sorry mate, just trying to give an update see if ya'll have any input on what I am to expect

masymas May 10th 2012 12:00 pm

Re: police caution applying for visa
 

Originally Posted by amancalledsun (Post 10051465)
Yeh sorry mate, just trying to give an update see if ya'll have any input on what I am to expect

A caution is not a crime of moral turpitude (CIMT) so you will be fine. I had a number of offences two involving assualt and still recieved a visa. good luck!

jeffreyhy May 10th 2012 1:17 pm

Re: police caution applying for visa
 
A caution is not a crime of any kind - it's the act that the caution was issued for that is of concern.

Regards, JEff



Originally Posted by masymas (Post 10052477)
A caution is not a crime of moral turpitude ...



All times are GMT. The time now is 6:43 pm.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.