police caution applying for visa

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Old May 10th 2012, 1:51 pm
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Default Re: police caution applying for visa

Originally Posted by jeffreyhy
A caution is not a crime of any kind - it's the act that the caution was issued for that is of concern.

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Seeing as though you are being so pedantic. Threatening and abusive language is not a CIMT.
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Old May 10th 2012, 2:02 pm
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Default Re: police caution applying for visa

That's better. And agreed.

Regards, JEff


Originally Posted by masymas
Threatening and abusive language is not a CIMT.
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Old May 11th 2012, 6:38 pm
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Default Re: police caution applying for visa

Originally Posted by amancalledsun
No, can't have been assault. It was more for arguing and being involved than actually fighting.
Disorderly behaviour in public perhaps? I had a friend who got a caution for that.
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Old May 13th 2012, 12:11 pm
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Default 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?
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Old May 13th 2012, 6:43 pm
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Default Re: police caution applying for visa

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

Last edited by powersmurf; May 13th 2012 at 6:43 pm. Reason: ...
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Old May 13th 2012, 7:02 pm
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Default 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
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Old May 17th 2012, 3:42 pm
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Default Re: police caution applying for visa

Originally Posted by amancalledsun
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
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.
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Old May 17th 2012, 4:45 pm
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Default 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.
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Old May 30th 2012, 3:23 pm
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Default 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!
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Old Jun 14th 2012, 3:11 pm
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Default 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
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Old Jun 14th 2012, 3:36 pm
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Default Re: police caution applying for visa

Originally Posted by amancalledsun
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
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.

Again, this was not in the UK.

Rene
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Old Jun 14th 2012, 6:08 pm
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Default Re: police caution applying for visa

Originally Posted by amancalledsun
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
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.
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Old Jul 3rd 2012, 11:09 pm
  #28  
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Default Re: police caution applying for visa

Originally Posted by lansbury
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.
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
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