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scotexpat

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I see people talking about declaring cautions in this thread. As I understand it, cautions will show on a police check but you only need to declare convictions. Is this correct??

 

A caution is a conviction. When you accept a caution, you are admitting guilt.

 

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Not true.

 

Agreed (emphasis mine):

 

Cautions are given to adults aged 18 or over for minor crimes - eg writing graffiti on a bus shelter.

 

You have to admit an offence and agree to be cautioned. If you don’t agree, you can be arrested and charged.

 

 

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

 

 

I'd still argue that you have an ethical obligation to declare cautions on your character assessment form though.

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info about cautions here https://www.gov.uk/caution-warning-penalty best policy is to declare everything and if you get it wrong on the visa be proactive declare it and explain why and what your conviction or caution was for and what changes you have made in life taking responsibility! You can always take advice form a MARA agent especially if you have a complicated case

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well. I agonised over this for ages. I had a caution from a stupid drunken stag night.

 

I declared it as I felt honesty was the best policy.

 

Glad I did because it came back on my PCC and I would have had some serious explaining/back peddling to do on submitting it to DIAC.

 

And to be fair if I was a CO and someone 'forgot' to disclose an issue like that I'd damn sure look into it further and go through the rest of the application with a fine toothed comb.

 

Sent from my GT-I9100 using Tapatalk 2

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  • 1 month later...

Hi guys,

 

In my case my wife has filed a false case back in India here for Domestic voilence and dowry demand from her. Although, court will take its time to prove that the case is false.

 

My query is my EOI is already submitted and i got the invitation to apply for visa. Should i lodge the visa as criminal litigation is pending for trial in court and it may take 4-5 yrs to complete the litigation and get acquitted as the case is a false one because she want to extort money from me.

 

Now the question is how PCC is issued as Police registered FIR on her complaint and case will run for trial in court for 4-5 years and police may not give me PCC for immigration purposes.

 

How it will be treated by DIAC, if i tick criminal column in visa application and then PCC is not granted by police and i explain DIAC that this is a false case ...... How will they react ??? Will they issue me visa without PCC or will not ask for PCC at all or will they reject visa ???

 

Pls senior members guide me.

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