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Hi, we’re currently in the country on a short term 457. As soon as we arrived we applied for a 186 Employer Sponsored Visa via Direct Entry. We have an immigration agent paid for by my employer. My partner had a caution from 7 yrs ago which we declared on the application. It was a minor offence. He received his ACRO cert as no live trace. They’ve now asked for a witness signed statement providing details of the caution. They’ve also asked for a subject access request. To prepare us and ensure there’s no surprises we contacted ACRO for all details on his file. So everything that would appear on the subject access request. Theres a couple of things that have thrown us and now we’re both feeling like there’s no hope. One thing is a reprimand from 20 yrs ago. He basically took his dads car with no permission. As it wasn’t a caution we didn’t log it as a conviction. The second is a false accusation of a threat to kill (makes my other half sound awful but actually this was a huge misunderstanding with someone he tried to help out that went bad and he falsely accused my partner out of spite) long story short it ended up with NFA and no cautions. This shows in his SAR which looks awful. Has anyone had anything like this that they’ve overcome and how? TIA
Hi All, Been ages since I logged on to this forum, but I thought I would share with you my story for obtaining a partner visa. It has been a lengthy process but I would like to highlight the area of my (albeit minimal) criminal past which threw a few spanners into the works. Before I go on, please do this thread the courtesy of reading this: I am not a criminal or immigration lawyer so cannot answer questions such as; I have been convicted of XYZ, can i get a visa? Or; When I was 16 I did something silly, can I get a visa? I do not know, every case is advised on its individual merits. GET YOURSELF AN IMMIGRATION LAWYER. Sorry for the above, but the amount of threads hijacked with divs who ask the same inane questions without actually reading the thread made me go a little stir crazy and didnt answer my specific questions. So, application lodgement - October 2016, loads of evidence, immigration lawyer said this is water tight... Fast forward to June 2017 - nearing the front of the que, immigration lawyer asked me for my police checks, done and came back with NO LIVE TRACE. I knew it was there, was hoping it had dropped off but thanks to Ian Huntly, the UK law changed for items to remain on my record until I reach 100. Assault with ABH caution before you ask. Two days after all the documents were submitted, Immigration asked me for more information related to the offence and circumstances why it happened - sometimes this happens, others it doesnt. Depends on your case officer. Here is where I requested my SUBJECT ACCESS FORM from the UK. Here is where my mind went into overdrive with worry. A google search doesnt reveal much about what is contained on a SAR. So I would like to put all you naughty people with a criminal past at ease of what is contained on the Police National Computer: First/last name; DOB; Gender; Ethnic Appearance; Place or birth; nationality PERSONAL - height; build; shoe size; eye colour; glasses; right handed; hair; accent; facial hair Address/marks scars INCIDENT DETAILS Police photo location; arrest/summons ref; police station owner ARREST/SUMMONS HISTORY This is where you have to be 100% clear to immigration as to what to write as the SAR will detail the following: Caution date; Adjudication (caution, no further action etc); Offence description (mine read; ASSAULT OCCASIONING ACTUAL BODILY HARM); Location (where it happened) My SAR was submitted with a stat dec outlining the causes of why it happened as well as how it was not a reflection of my character. October 2017 - visa granted! I hope this helps with anyone with MINOR criminal histories, and I know exactly how nerve wracking it can be going through this process, especially given all the arm chair garbage opinions out there. Good luck