Guest Traveller56 Posted September 17, 2012 Share Posted September 17, 2012 Hey guys, basically I was wondering weather you need to declare a caution as the question states "do you have any convictions?" A caution is not a conviction so technically the answer is no?! Do they do a police check for a whv? I have no itention of hiding anything, just dont want to declare something i dont need to. Thanks guys. Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted September 17, 2012 Share Posted September 17, 2012 I would declare it...it's not going to stop you getting a WHV (or any other kind). False declarations on visa applications are whole different story though! If you're not sure, declare. Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted September 18, 2012 Share Posted September 18, 2012 There was a similar question this week and I know someone high up :wink: answered. I would put it down as it shows you are a honest person, it isn't going to stop you getting the visa so there is no reason to hide it. Quote Link to comment Share on other sites More sharing options...
Guest Traveller56 Posted September 18, 2012 Share Posted September 18, 2012 Thanks guys. Does this mean they do police checks for everyone? The thing is it probably isnt even a caution...Just a night in cells and a fine for drunk and disorderly! As i say, id hate to declare it and them ask for a stat dec and character refs if it didnt show up! Thanks for helping guys! Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted September 18, 2012 Share Posted September 18, 2012 It doesn't matter whether they do a police check or not...tell them about it. There is absolutely no reason whatsoever for DIAC to refuse you a visa on the basis of that incident on its own. Now...if you decide during your WHV you want to move to Oz on a permanent basis, then you absolutely will need a police check...which will more than likely show something, as you were taken into custody and paid a fine...call it caution/convition/whatever, it will be there. Again, even at this point, it isn't serious enough to even come close to causing you a problem...but making a false declaration about a conviction on a previous visa application...that is an offence in itself...and what else are you trying to hide??? All of a sudden you are much mroe interesting to DIAC and much less honest and law abiding. Declaring it does you no harm at all...hiding it is an offence. If you declare it and it wasn't an offence, then that's all fine too....I was stopped by police in the UK after walking out of a pub with a beer bottle in my pocket (emergency last drink before chucking out time!) They took my name, took the beer off me, called the station about my identity and sent me on my merry way. I declared this in my request for the PCC, but it came back clear. If you really want to know if it has been recorded or not...get a Police Clearance Check done now and see what they would see if they did require a PCC. It's a bit like those Border Security Programs...you can bring in a case full of food if you want, just declare it and waltz straight through, but if you say you have nothing to declare and they find a half eaten suasage roll you didn't even know was in the bottom of your rucksack then you get strip searched, detained, grilled, fined and sent back to where you came from if you've done it before....in other words, openness and honesty are so, so, so much easier than hiding it..even if you are unsure, say you are unsure and give them all the details. It won't harm you in any way. Lecture over! Quote Link to comment Share on other sites More sharing options...
Guest Traveller56 Posted September 18, 2012 Share Posted September 18, 2012 Cheers George D! I'm not gonna do anything to harm my chances of getting a visa. You hear so many contradicting opinions on this. Some people sat wholeheartedly that a caution is not a conviction therefore dont declare. Many people have also told me not to declare it. I also have a harassment warning to my name which after doing lots of reading is not regarded as a warning or a conviction. I'm just concerned that they see the word harassment and think im a nutter! Especially when it specifically names harassment in the character requirements! But like you say neither is a major enough crime to warrant me not getting in i hope. Just hope the word harassment doesnt ring alarm bells! Thanks again George! Quote Link to comment Share on other sites More sharing options...
digitalis Posted September 18, 2012 Share Posted September 18, 2012 Mate if it doesn't matter don't declare it, it's only a caution. Quote Link to comment Share on other sites More sharing options...
Rupert Posted September 18, 2012 Share Posted September 18, 2012 I would declare it, mainly because you may want to apply for another visa later and if it turns up then you have a problem. Quote Link to comment Share on other sites More sharing options...
Emma1989 Posted September 20, 2012 Share Posted September 20, 2012 Hey, I had the same situation. I had a caution when I was 12 (now 23). When applying for my visa I asked if I should put that on the form, they said its best to. You can always wait until they call you and explain then as i did. It will not affect your application, it's just better to be safe than sorry. Emma x Quote Link to comment Share on other sites More sharing options...
Missus B Posted September 20, 2012 Share Posted September 20, 2012 Not having a go, but you posted another thread of a similiar nature during the week and we all gave you good advice on that thread. Now you are asking again, about a different offence. All I can say to you, is, if you are in doubt, declare it. At least you won't be looking over your shoulder or dreading the ACRO report coming through the door. It won't stop you getting a visa. Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted September 20, 2012 Share Posted September 20, 2012 I can assure you, someone very high up as already answered this and said declare it, be it on your own head if you don't. Quote Link to comment Share on other sites More sharing options...
mdmx33 Posted September 20, 2012 Share Posted September 20, 2012 I had a recent criminal conviction and had police check, wrote letter saying i was sorry etc etc and visa granted. Declared it on immigration form and got pulled to one side at Perth, guy aske dme few questions went away and came back with a big smile saying 'welcome to australia'. no shame in declaring it, just dont be caught lying Quote Link to comment Share on other sites More sharing options...
Guest Traveller56 Posted September 22, 2012 Share Posted September 22, 2012 Ok guys, so if I do the application online is there anyway I can attach a note explaining the offences and such? Or do i only need to do that when asked for it? Thanks for all the advice guys you guys really are helpful! Sorry if it seems like I was wanting to lie on the forms or anything i was just confused as to weather declare a caution, now i know to i will! Cheers again guys Quote Link to comment Share on other sites More sharing options...
Guest TheArmChairDetective Posted September 22, 2012 Share Posted September 22, 2012 Hey guys, basically I was wondering weather you need to declare a caution as the question states "do you have any convictions?" A caution is not a conviction so technically the answer is no?! Do they do a police check for a whv? I have no itention of hiding anything, just dont want to declare something i dont need to. Thanks guys. Declare it. Also be mindful of WHEN you got that caution. A simple google search gives this definition, note the words in bold (my additions) " According to the Home Office, a police caution is a formal warning given to adults who admit they are guilty of first-time minor offences, such as vandalism or petty theft. According to the Magistrates' Association, a minor offence is one triable only summarily. Cautions are not given to young offenders (those aged 17 and under), who instead are given 'reprimands' and 'final warnings'. According to the Home Office, a police caution does form a part of a person's criminal record. A caution may adversely affect both employment and travel prospects.(might stop you joining the police, getting an SLA licence or the diplomatic service perhaps) A caution may be considered in court in the event of the offender being tried for a similar offence. A caution remains in police records along with photographs, fingerprints and any other samples taken at the time, although cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). Simple cautions normally expire after 5 years whereas conditional cautions expire after the designated conditions are met. Although simple cautions can show up on CRB checks, records of simple cautions may be deleted after five years if no convictions are on record, although records are often retained longer or indefinitely in practice. A caution is intended to act as a first official warning and to deter people from getting involved in crime." So bear in mind that the caution could remain pertinent dependant on the passage of time, having said that "As of 2008, the Rehabilitation of Offenders Act 1974 has been extended to cover police cautions, which are thereof considered to be expunged (spent) as soon as they are given" Declare it, even if you've bought your record and found it not listed. Quote Link to comment Share on other sites More sharing options...
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