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Question on Police Checks


gypsy10

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Hi there,

 

My colleague has her visa application in and I'm asking this question on her behalf.

 

She received the results for her police checks this morning and it came back with "No Live Trace". She was given a minor verbal warning 10 years back but doesn't have a criminal record. Does this mean a visa will definately not be granted? Is there anybody that had this on their police checks? What was your outcome please?

 

Thanks for your time.

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No Trace means there is no record at all

 

No Live Trace means there is something but it is "spent" or too old to be shown

 

The character requirement in a visa application is not just about having a cleanish record, it is also about being honest about prior criminal history. My guess is that your friend answered on the form that she had no convictions. The police search indicates that there is something on the system. Therefore, your friend should probably complete the form for additional information explaining that the No Live Trace refers to a warning - i.e. not a conviction - and give details of the circumstances including an admission of guilt and a sentence saying sorry. Also, it should explain that it was not declared on the original form as it was not a conviction. That is probably belt and braces - it may not even be a problem in itself - but it would do no harm to send in the extra information.

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Thanks Quinkla,

 

It was such a long time that I applied but which form are you referring to when you say the following :

 

"My guess is that your friend answered on the form that she had no convictions. The police search indicates that there is something on the system. Therefore, your friend should probably complete the form for additional information explaining that the No Live Trace refers to a warning - i.e. not a conviction - and give details of the circumstances including an admission of guilt and a sentence saying sorry. Also, it should explain that it was not declared on the original form as it was not a conviction."

 

As it was only a caution at the time she'd completely forgotten about it and it never even occurred to her to mention it. Would this have been mentioned on the actual visa application form or somewhere else?

 

Thanks again.

 

No Trace means there is no record at all

 

No Live Trace means there is something but it is "spent" or too old to be shown

 

The character requirement in a visa application is not just about having a cleanish record, it is also about being honest about prior criminal history. My guess is that your friend answered on the form that she had no convictions. The police search indicates that there is something on the system. Therefore, your friend should probably complete the form for additional information explaining that the No Live Trace refers to a warning - i.e. not a conviction - and give details of the circumstances including an admission of guilt and a sentence saying sorry. Also, it should explain that it was not declared on the original form as it was not a conviction. That is probably belt and braces - it may not even be a problem in itself - but it would do no harm to send in the extra information.

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As it was only a caution at the time she'd completely forgotten about it and it never even occurred to her to mention it. Would this have been mentioned on the actual visa application form or somewhere else?

 

Thanks again.

 

Tell your friend to download another copy of the forms and look for the section that asks about character - the location varies for different visa subclasses. As it sounds like she has already submitted the forms and has a case officer she will also need to download a copy of the 'Notification of incorrect answers' form (http://www.immi.gov.au/allforms/pdf/1023.pdf) and explain that she forgot about the time she had to go to a police station and accept guilt, before being told off by senior policeman and send that to her CO.

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