Loulou Posted September 4, 2015 Share Posted September 4, 2015 Hi all just wondering if anyone can help, lodged visa application and awaiting police checks but despite declaring no offences on both it has suddenly occurred to my husband that 22years ago he obstructed a police office, not hit just stood In his way he went to court and was fined but no further action, really stressing now as so close and can't bear the thought of waiting and not getting a visa because of this ....please help Thanx Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 Almost certain that would be already expunged. Pre 2006 records were generally removed after the rehabilitation of offenders time period had expired. How old was your husband at the time? Quote Link to comment Share on other sites More sharing options...
Loulou Posted September 4, 2015 Author Share Posted September 4, 2015 Thank you captain c I am stressing right out also trying to complete form 80 He was eighteen at the time as I said 22 years ago! Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 If it does show up (as no live trace) on the PCC, which I don't think it will, then you'll need to get an explanation of the offence and provide that to immigration. You should also submit a form 1023 to advise of an incorrect answer on the application form, provide an explanation of what happened, say I was a naughty boy, never been in trouble before, etc etc. It shouldn't be something to worry too much about. Quote Link to comment Share on other sites More sharing options...
Loulou Posted September 4, 2015 Author Share Posted September 4, 2015 Thank you so much, u think I should wait to see if it shows up before completing form 1023 form or just declare now? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 Thank you so much, u think I should wait to see if it shows up before completing form 1023 form or just declare now? Personally I'd just declare it now, it's not going to prevent you getting a visa. I can assure you of that. Quote Link to comment Share on other sites More sharing options...
Loulou Posted September 4, 2015 Author Share Posted September 4, 2015 Thank you will declare to my agent tomorrow loulou Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 Thank you captain c I am stressing right out also trying to complete form 80 í*½í¸¡ He was eighteen at the time as I said 22 years ago! Make sure you declare it on form 80 as well and provide a brief explanation. You agent will be able to help with the wording. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 4, 2015 Share Posted September 4, 2015 You will probably receive a PCC with NO LIVE TRACE. You will then be required to obtain particulars of the matters that were 'stepped down'. The offence, as described, is unlikely to be an issue, failing to declare it is more serious. Quote Link to comment Share on other sites More sharing options...
Azh Posted September 4, 2015 Share Posted September 4, 2015 What about an offence that occurred under the age of 18 and when received on a crb check, it comes back as "no criminal convictions to discuss" ? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 (edited) What about an offence that occurred under the age of 18 and when received on a crb check, it comes back as "no criminal convictions to discuss" ? Personally, I don't know much about police clearances that are not UK ones. I suggest discussing details with a registered migration agent. Edited September 4, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 4, 2015 Share Posted September 4, 2015 What about an offence that occurred under the age of 18 and when received on a crb check, it comes back as "no criminal convictions to discuss" ? Sorry, I just read your message properly, a U.K. CRB check is not accepted by immigration anyway. It must be an ACRO Police Certificate Quote Link to comment Share on other sites More sharing options...
Azh Posted September 5, 2015 Share Posted September 5, 2015 What's the difference? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 What's the difference? Not a lot of difference really, but one is accepted and one isn't. Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 5, 2015 Share Posted September 5, 2015 What about an offence that occurred under the age of 18 and when received on a crb check, it comes back as "no criminal convictions to discuss" ? It doesnt matter what CRB says, you need an ACPO police check for Australia. Quote Link to comment Share on other sites More sharing options...
PommyPaul Posted September 5, 2015 Share Posted September 5, 2015 i had the same thing as you, lodged visa, didn't declare any offences and then my police check came back with a suspended sentence for criminal damage when i was a very stupid youth many years ago.... i just sent it off and my permanent residency was granted without any questions about the offence, think they're really only interested if it involves actual jail time Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 5, 2015 Share Posted September 5, 2015 Thank you captain c I am stressing right out also trying to complete form 80 ? He was eighteen at the time as I said 22 years ago! I think it will show up on the police check as "No live trave". This will tell imigration that there is a record but it was a long time ago. You must declare it now, concealing it will damage your application far more than the offence itself (which will not be an issue). Quote Link to comment Share on other sites More sharing options...
Azh Posted September 5, 2015 Share Posted September 5, 2015 Not a lot of difference really, but one is accepted and one isn't. So If I have all ready had one done and it's come back clean.. So should the other? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 So If I have all ready had one done and it's come back clean.. So should the other? Not necessarily. If it says No Trace, then it's clean. If it's No Live Trace then you need to provide evidence of the offence and explain it to the department. https://www.border.gov.au/Trav/Visa/Char Quote Link to comment Share on other sites More sharing options...
Azh Posted September 5, 2015 Share Posted September 5, 2015 (edited) Ok cool. The last one I had done said no convictions to discuss, You know when you think you might have a stupid mark against your name...I'm pretty confident it's going to come back clean. "A conviction received as a young offender resulting in a non-custodial sentence will be filtered from criminal records checks after five and a half years. An adult conviction resulting in a non-custodial sentence will be filtered out from CRB checks after eleven years." http://www.telegraph.co.uk/news/uknews/law-and-order/9955603/CRB-changes-mean-teachers-doctors-nurses-and-youth-leaders-will-not-have-to-disclose-minor-criminal-convictions.html Edited September 5, 2015 by Azh Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 5, 2015 Share Posted September 5, 2015 Ok cool. The last one I had done said no convictions to discuss, You know when you think you might have a stupid mark against your name...I'm pretty confident it's going to come back clean. "A conviction received as a young offender resulting in a non-custodial sentence will be filtered from criminal records checks after five and a half years. An adult conviction resulting in a non-custodial sentence will be filtered out from CRB checks after eleven years." http://www.telegraph.co.uk/news/uknews/law-and-order/9955603/CRB-changes-mean-teachers-doctors-nurses-and-youth-leaders-will-not-have-to-disclose-minor-criminal-convictions.html Have you read the thread? Minor and non custodial or short custodial sentences do not create issues. Not disclosing one but then having it show up could cause an issue. An old conviction is likely to show up as "No live trace" on the ACPO report, this will tell the case officer that there is something there. Quote Link to comment Share on other sites More sharing options...
Azh Posted September 5, 2015 Share Posted September 5, 2015 Ahh ok. I just thought with it being an under 18 issue and over 10 years ago it would be fine.. Thanks for clearing this up for me.! Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 5, 2015 Share Posted September 5, 2015 Ahh ok. I just thought with it being an under 18 issue and over 10 years ago it would be fine.. Thanks for clearing this up for me.! It will be fine in the sense that a minor offence committed a long time ago will not adversely impact your visa application. But it will very probably show up. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 Most juvenile records were expunged as long as they weren't still live on 1st March 2006. Quote Link to comment Share on other sites More sharing options...
cjenky Posted September 5, 2015 Share Posted September 5, 2015 My husband access report came back showing a caution when he was 16....over 20 years ago. Best bet is to declare everything, we applied for the access report as he couldn't remember details just so we could be truthful on the application. Quote Link to comment Share on other sites More sharing options...
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