mummatothebear 10 Posted June 15, 2014 Hi everyone, I have just discovered that in November last year my other half received a fixed penalty notice for possession of a class b drug. I am extremely concerned that this will show up on a police check and if it does that it may affect our chances of iemigrating. I've started the long process of skills assessment and obviously don't want to pay any more money or time/effort if this will stop our chances of living there. Upset is an understatemwnt. Does anyone have any advixe Share this post Link to post Share on other sites
MovingtoTasmania 2,089 Posted June 15, 2014 I know that fines for parking etc, don't show up but I have no idea about this. I think you should declare it anyway as although it was drugs, to only get a fixed penalty notice, which I'm assuming is a fine, doesn't sound like it was a "Scarface" type of drug deal going down so I think as long as you declare it, be apologetic about it happening and it was a stupid one off mistake and it will never happen again, then you should be okay. I think it's the hardened criminal Don Corleone types that Immigration are wary of. Husband's Spouse Visa Offshore Application 309/100 Sent 24/09/13 Application Received at Australia House, London 25/09/13 @ 07:49 Payment taken 26/09/13 CO assigned 05/11/13 (WP) Visa Subclass 100 Partner Migrant Visa granted 30/05/14 Share this post Link to post Share on other sites
mummatothebear 10 Posted June 15, 2014 Hi, Thanks for this, I went on the website for ACPO and found the following: Where a recordable offence is dealt with by the way of a Penalty Notice for Disorder (PND), that event can be recorded on PNC but will not be regarded as a criminal conviction. So it appears that it will show up, I guess its whether this will be a problem for immigration purposes. This is something we could really do without, I appreciate it is rather minor compared to other offences however it is still possession of a class B drug and was recent that this will go against us. Share this post Link to post Share on other sites
pablo 14,048 Posted June 15, 2014 Hi, Thanks for this, I went on the website for ACPO and found the following: Where a recordable offence is dealt with by the way of a Penalty Notice for Disorder (PND), that event can be recorded on PNC but will not be regarded as a criminal conviction. So it appears that it will show up, I guess its whether this will be a problem for immigration purposes. This is something we could really do without, I appreciate it is rather minor compared to other offences however it is still possession of a class B drug and was recent that this will go against us. I seriously doubt that it will cause you much of a problem,you're going to worry anyway,but,i know a lot of people who got visas with a lot more than that on their record,you'll be sound im sure,just declare it tho "The problem with neo conservative capitalism and it's insatiable greed for more wealth and disparity amongst the populace,is that it ended up being the catalyst for the great depression and modern recession" Me,tonight:wubclub: Share this post Link to post Share on other sites
Missus B 995 Posted June 15, 2014 It will not show up. I had same issue with me ex, when we were applying. He didn't declare it and it didn't show up. What if the Hokey Cokey really IS what it's all about?:eek: Share this post Link to post Share on other sites
flatpack 10 Posted June 15, 2014 I had a caution for possession of a Class A controlled substance, I declared it and it was never mentioned again. Although we were required to fill in the dreaded Form 80 and I suspect that was because of the caution. As others have said, it is a very minor offence but concealing it may cause you a load of heart ache. If you are considering withholding this then I would get some legal advice first to make certain. I spoke to my solicitor who told me a caution was an admission of guilt but NOT a conviction. I wrote this in my explanation of what had happened. IELTS sat 30/6/12 L8.5,R9,W8.5,S8.5 Ave 8.5, TRA sent 20/06/13, 1st stage assessment passed 15/07/13, 2nd stage 22/07/12 in Glasgow. TRA passed 29/07/13. EOI submitted 29/07/13, SS received 5/08/13, ITA received 08/08/13, 190 Visa applied for 14/08/13, Medicals 23/08/13, PCC uploaded 11/9/13, CO 26/9, VISA GRANTED 17/10/2013 Share this post Link to post Share on other sites
blossom 3,079 Posted June 15, 2014 Declare it. It won't be a problem. Prison sentences is what they are concerned about. And I had to fill out form 80 for two different visas and I'm the squeakiest of clean, so it doesn't affect that either. Has two beautiful Aussie little girls :-) Share this post Link to post Share on other sites