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.

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.

Re: police caution applying for visa
 

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


Again, we're not mind readers... what application?

Ian

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.

Re: police caution applying for visa
 

No, can't have been assault. It was more for arguing and being involved than actually fighting.

Re: police caution applying for visa
 

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)

Re: police caution applying for visa
 

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.

Re: police caution applying for visa
 

Cheers guys I'll do that.

Re: police caution applying for visa
 

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

Ian

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

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?

Re: police caution applying for visa
 

You're asking us?

Regards, JEff

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

Re: police caution applying for visa
 

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!

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

Re: police caution applying for visa
 

Seeing as though you are being so pedantic. Threatening and abusive language is not a CIMT.

Re: police caution applying for visa
 

That's better. And agreed. :thumbup:

Regards, JEff

Re: police caution applying for visa
 

Disorderly behaviour in public perhaps? I had a friend who got a caution for that.

Re: police caution applying for visa
 

No its not that. It doesn't say the exact name of the caution. I'm sure they'll question me in the interview?

Re: police caution applying for visa
 

It sounds like you got a caution for a Public Order offence. To be honest, you shouldn't have "accepted" it if you didn't know what you were signing for....and if you had a solicitor why did he tell you to go "no comment" if you had no involvement?

I do believe you can contest the caution, and to be honest depending on the time scale of when you are looking to move you may be able to sort this out....sounds like you were "sold" the caution in order to have the easy way out......

Re: police caution applying for visa
 

I didn't want to drop my bosses name it at the time so solicitor advised me to not comment on anything resulting in me not being able to get my side of the story across.

Might very well be public order yes, will it really affect my visa application? Its not violence or anything, just basically give the guy back as much as he gave me. I still really don't want to drop my boss in the shit but its not as important as my visa obviously. Really would rather not drag up crap from the past

Re: police caution applying for visa
 

It depends what sort of a caution you have. Is it sec 5 Public Order? Is it section 4? 4a? Is it affray? It should say on the paperwork.

The issue you have, is that I am sure the person who does the interview will want to know what the situation was all about...just seems like the solicitor and officer dealing with you had you over as it was a win win for the both of them.

Re: police caution applying for visa
 

It really doesn't say what type of caution nor does it say anything about actual fighting, just verbal and threatening language.

Re: police caution applying for visa
 

Hello hello,

From what I gather I have been cautioned for a public order offence sect on 4. Although my police certificate doesn't detail this exactly. Am I required to order a "subject access report" or does it not matter? If so, what do I do with it?

Just reading up on the next set of forms for the spouse visa, there's a part where it asks "Have you ever been charged, arrested or convicted of any offense or crime? " Is this where I would write about the public order offence? Anything else I can include to help me?

Sorry for all the questions and thanks in advance!

Re: police caution applying for visa
 

Can anyone shed anymore light on this?

ds-230 form asks "Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)"

Now, I wasn't arrested, fined or imprisoned, just asked to come into the station for an interview, the case was never taken to court either. I realise I will have to admit to the offence somewhere during the visa process as it's on my Police certificate anyway. Do I go into detail on this question or should I just state that I have a police caution section 4 and expect them to ask me more about it in the interview?

Any help would be great, recent received out NO2 (4 months people!).

Thanks

Re: police caution applying for visa
 

Better to be safe than sorry. I would go ahead and declare it on the DS-230 and attach a written explanation in your own words about what happened. Let the ConOff be the one to determine that it wasn't an arrest, charge, or conviction.

We had a similar situation where my foreign fiance wasn't sure if he'd actually been arrested. He had been detained for sure. (Not in the UK.) He checked Yes and included a written statement as to what happened. At his interview, the ConOff asked a few questions, looked at his police report, and then with a red pen, she crossed out "yes" and marked "no" to that question. :D

Again, this was not in the UK.

Rene

Re: police caution applying for visa
 

I don't see how you can get a caution for a Sec 4 Public Order offense without being arrested and a custody record started. Unless things have changed dramatically since I retired.

Re: police caution applying for visa
 

I'm not too clued up to be honest. It doesn't actually say section 4 on my police cert, it just says "Fear or provocation of violence" which my dear friend Wikipedia says is section 4. http://en.wikipedia.org/wiki/Fear_or...on_of_violence I was called and asked into the station about my involvement in the trouble which resulted in a caution. Fingerprints, swabs, photo etc followed. All very silly.

So, sounds sensible to write a little story of what happened? Am I to be honest and explain the situation with my boss at work or will this just open up a can of worms?

Thank again folks