Reg1972 Posted February 13, 2014 Share Posted February 13, 2014 Hi there folks, not to sure if anybody can answer this so I'll ask anyway: i am currently onshore in Oz waiting for my oh's pr visa to be granted , the case officer has asked for a Subject Access thing a me bob from the UK as my police check stated. ' no live trace' what kind of info is he looking for . i got into trouble for fighting as a youngster (1988) for defending a girl that was being harassed by two perverts , only problem is, I can't remember what the ruling was !!! i know that I had to do a period of probation and I also had to pay out compensation , I just can't remember if I was given a suspended sentence . how will it affect the application if I did get a suspended sentence . any help or info would be great fully received . thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 13, 2014 Share Posted February 13, 2014 'No live trace' on a PCC means that you have something in your background, but no details are available (usually because of the time that has elapsed since the offence) - your Case Officer wants to know what that something is. See the following on how to place a Subject Access Request for UK records: http://www.acro.police.uk/subject_access.aspx Link to comment Share on other sites More sharing options...
Reg1972 Posted February 13, 2014 Author Share Posted February 13, 2014 'No live trace' on a PCC means that you have something in your background, but no details are available (usually because of the time that has elapsed since the offence) - your Case Officer wants to know what that something is. See the following on how to place a Subject Access Request for UK records: http://www.acro.police.uk/subject_access.aspx Thanks for your reply to my query Ozmaniac.... I've checked out this site already but still unsure as to what the outcome would be if it comes back saying that I received a suspended sentence in 1988 how would this affect our PR application. I've been informed that even if it's a suspended sentence 'immi' will turn down the application!! Link to comment Share on other sites More sharing options...
xlornax Posted February 13, 2014 Share Posted February 13, 2014 'No live trace' on a PCC means that you have something in your background, but no details are available (usually because of the time that has elapsed since the offence) - your Case Officer wants to know what that something is. See the following on how to place a Subject Access Request for UK records: http://www.acro.police.uk/subject_access.aspx Does everyone with no live trace result need to get this subject access thing? We wrote a stat dec n thought that would be enough. .my husband got a caution when he was 15 Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted February 13, 2014 Share Posted February 13, 2014 On the sponsor form, did you declare that you had been in trouble in 1988? There is a section that asks this question. If you didn't declare it, then this might be why she wants this subject access form as she might think you are hiding some dark secret. Do the subject access and also write to her and explain that you don't remember the details in detail but it was basically xyz. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted February 13, 2014 Share Posted February 13, 2014 Does everyone with no live trace result need to get this subject access thing? We wrote a stat dec n thought that would be enough. .my husband got a caution when he was 15 I don't think that you would need to as you declared it and you did a stat dec, so there are no surprises there for the CO. Link to comment Share on other sites More sharing options...
Mxmanus Posted February 13, 2014 Share Posted February 13, 2014 I have an old conviction that was delt with by a fine. I declared it on visa application. My PCC came back with no live trace. So I have been asked for the subject access declaration. Costs a tender, but can take upto 40 days to get. I've been waiting 3 weeks so far and is the only thing holding my visa up grrrr. If I had known I would have applied for it at the same time as PCC. Link to comment Share on other sites More sharing options...
kaiser Posted February 13, 2014 Share Posted February 13, 2014 Does everyone with no live trace result need to get this subject access thing? We wrote a stat dec n thought that would be enough. .my husband got a caution when he was 15 Not always the case to b asked for a subject access. Had a couple of convictions when juvenile. Declared them, included on Form 80, wrote a stat dec, got 3 character refs and hey presto got the visa grant 4 weeks from lodgement. Good luck! Link to comment Share on other sites More sharing options...
Quinkla Posted February 13, 2014 Share Posted February 13, 2014 I just can't remember if I was given a suspended sentence. Perhaps I'm being naive, but isn't a jail sentence something you'd remember, even if it was suspended. It would mean standing up in the dock in court, being found guilty and having a sentence read out that says you are going to jail. I imagine that would be a memorable experience. Then, once all that has sunk in, the magistrate or judge will mention that they are suspending it for a period of time during which any further transgression would see the suspended sentence activated. If you forgot to mention a jail sentence on the visa application and on your landing card, you are likely to be in some difficulty. On the other hand, if it was simply a period of probation and you mentioned it in your application and on your landing card, you'll be fine. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 13, 2014 Share Posted February 13, 2014 Thanks for your reply to my query Ozmaniac.... I've checked out this site already but still unsure as to what the outcome would be if it comes back saying that I received a suspended sentence in 1988 how would this affect our PR application. I've been informed that even if it's a suspended sentence 'immi' will turn down the application!! If you disclosed the offence on your application, a suspended sentence from years ago is unlikely to cause a problem. If you didn't disclose it on your application, the failure to disclose (rather than the offence itself) could well cause problems. I doubt if it would result in an outright refusal of your application but that will be up to your Case Officer. My reading of posts from others in that situation suggests that COs usually give you a chance to explain why you didn't disclose it and make their decision after they've heard your story. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 13, 2014 Share Posted February 13, 2014 I just wanted to say that our first police checks were completely clear, we have both done absolutlely nothing wrong ever not even a parking ticket and our case officer asked for a person check, its rare but they sometimes do which is why you MUST be honest because if we had done something it would have been found out.And that omission ,lie whatever you want to call it could cost your visa. Link to comment Share on other sites More sharing options...
Reg1972 Posted February 14, 2014 Author Share Posted February 14, 2014 Perhaps I'm being naive, but isn't a jail sentence something you'd remember, even if it was suspended. It would mean standing up in the dock in court, being found guilty and having a sentence read out that says you are going to jail. I imagine that would be a memorable experience. Then, once all that has sunk in, the magistrate or judge will mention that they are suspending it for a period of time during which any further transgression would see the suspended sentence activated. If you forgot to mention a jail sentence on the visa application and on your landing card, you are likely to be in some difficulty. On the other hand, if it was simply a period of probation and you mentioned it in your application and on your landing card, you'll be fine. May the time I was a young 15 year old boy who's parents had just got divorced, we had lost our home to the bank, and were living in emergency housing... A lot going on as you can imagine...so with the passage of time the incident was put out of my mind as a period of my life that I don't like to recall... I know that I served my probation but don't know if the court ruled that I had been given a sentence of any kind its been a struggle trying to remember anything from this time. Link to comment Share on other sites More sharing options...
Quinkla Posted February 14, 2014 Share Posted February 14, 2014 f you were 15, you'd have had to be doing something pretty heinous to have warranted a custodial sentence, even a suspended one. Such a sentence would not have come as a surprise and your lawyer would have been talking to you about the possibility of being jailed. If you don't remember any of this it is probably because it didn't happen. Link to comment Share on other sites More sharing options...
Reg1972 Posted February 14, 2014 Author Share Posted February 14, 2014 I just wanted to say that our first police checks were completely clear, we have both done absolutlely nothing wrong ever not even a parking ticket and our case officer asked for a person check, its rare but they sometimes do which is why you MUST be honest because if we had done something it would have been found out.And that omission ,lie whatever you want to call it could cost your visa. What possible scenarios could we face if the check comes back saying that I had a suspended sentence, as on all of the boarding cards,all other forms that were asked for before and since we left the UK, the incident has been disclosed,and presume would of been checked by Australia House in London prior to us leaving UK shores and entering Australia Link to comment Share on other sites More sharing options...
Quinkla Posted February 14, 2014 Share Posted February 14, 2014 It would be difficult to persuade anyone you had forgotten a penalty as significant as that. You would risk revocation of your existing visa, being deported and handed a 3 year ban from entering Australia. You would want to engage a migration lawyer to try to prevent this outcome. Failure to disclose a prison sentence would be very serious indeed. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 14, 2014 Share Posted February 14, 2014 If you've disclosed it on your forms, then it'll come down to whether DIBP considers it a substantial criminal record. A substantial criminal record is generally a sentence over 12 months, or two+ sentences that total more than 24 months. In hindsight, it would have been better for you to investigate the details so you could have included this in your application along with a statement admitting guilt and demonstrating how you've reformed and not re-offended since then. Now all you can do is wait and see. Hopefully DIBP will take into account your age at the time and that it was 26 years ago. Link to comment Share on other sites More sharing options...
M1cha3la Posted February 27, 2014 Share Posted February 27, 2014 Does everyone with no live trace result need to get this subject access thing? We wrote a stat dec n thought that would be enough. .my husband got a caution when he was 15 Hi xlornax, have you submitted yet, and if so did you get a request for the subject access thing? We are in the same position, one report states no live trace, but we did declare everything. So just wondering if i should get the ball rolling as it takes 40 days according to the website :confused: Link to comment Share on other sites More sharing options...
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