Nadz128 Posted July 16, 2015 Share Posted July 16, 2015 Hello, I've posted before but havnt posted in a while, the visa I'm going through is a 189 visa, and am almost completed, have done all the ielts, skills assessment etc, already have a case officer assigned, and applied for police checks 2 weeks ago, got them through this week, just want a experienced opinion off people on here please...my wife's came through as 'no trace' and mine came through as 'no live trace', I'm 27 and when I was 18/19 years old (can't exactly remember date or age) I got into a drunken pub fight and got arrested, spent 1 night in police station and got let out in the morning withoit any charge or fine etc, I have just toniggt sent away for the more informed police check £10, which I'm waiting on to determain Why It is 'no live trace', that is the only time I have been arrested or in trouble with police, is this going to be ok????....has anyone ever been in this position and been rejected, with somethjng so little??? Any replays will be highly appreciated, thank you Quote Link to comment Share on other sites More sharing options...
PomCop Posted July 16, 2015 Share Posted July 16, 2015 (edited) No Live Trace means you have a PNC Record but it won't show on Barring & Disclosure requests or of that sort, such as a Police Check for immigration etc... However, it will still show up on PNC, your custody record, crime report and outcome. Hope that helps. Best to put it in your application just explaining what happened and the outcome. No Trace and No Live Trace are two different things and I am sure the Case Officer will be aware what it means! That said, it was over 10 years ago, a very very minor offence and I imagine you've been of good character since. PNC = Police National Computer (now called Police National Database but still has that abbreviation) Edited July 16, 2015 by PomCop Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted July 16, 2015 Share Posted July 16, 2015 Yes we were in similar position. .We just added a letter outlining as much info as possible abt two minor offences..as long as u r open n honest it should b ok. .We got visa with no further questions asked Quote Link to comment Share on other sites More sharing options...
Nadz128 Posted July 16, 2015 Author Share Posted July 16, 2015 That's good to here that someone had the same situation and positively got visa granted, I know it's not a major offence, and it was a fair few years ago, and yes I have never been cautioned since or been known to the police from that. I just know that that its strict and I suppose if you have anything to pull you up, it could always go against you in any circumstance in general life...thanks for the replys Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 16, 2015 Share Posted July 16, 2015 It's no problem usually. As long as you have declared it then I wouldn't say that you'll have any trouble. I assume you applied for the subject access report, DIBP actually state that you will need to supply one on receipt of a no live trace report. Quote Link to comment Share on other sites More sharing options...
Nadz128 Posted July 16, 2015 Author Share Posted July 16, 2015 Yes that's what I've ordered toniggt off the ACRO website...my agent has said, basically this is what my agent emailed me today:- Hi again Nadim, Sorry, I have just realised that your police check has a no live trace. This means that the case officer is more than likely to ask you to obtain a further check, so that they know what "no live trace" refers to. I cannot guarantee that they will request a further check, but if they do, you may want to be one step ahead by applying for it now? The thing to do is to request this in the form of a Subject Access Disclosure from the UK Criminal Records Office (ACRO). Since ACRO take quite a while to issue these (I think it can take more than 40 days) so I recommend that you organise this now, just in case it is required, but it is up to you, you can also decide to wait and see if this is requested: http://www.acro.police.uk/subject_access.aspx So by the way that the agent has messaged me this, it doesn't seem so bad, I just wanted a 2nd,3rd,4th opinion off anyone who has been In this situation.... thanks again for replying Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 16, 2015 Share Posted July 16, 2015 I'm sure you'll be fine. Good luck Quote Link to comment Share on other sites More sharing options...
ali Posted July 16, 2015 Share Posted July 16, 2015 Did you declare it on your application? As Captain C says that's sometimes when the problem occurs as they want to know why the conflicting information. Having said that, something small usually does not stop you getting a visa Quote Link to comment Share on other sites More sharing options...
PomCop Posted July 17, 2015 Share Posted July 17, 2015 It'll be quicker to request it from the police force of which you was arrested in, it usually comes with a cost of £10 administration fees but you generally get it back within 2 weeks and it's the same form. Just to elaborate, they do not have to disclose that information to you, even if it's about you! So make sure you are specific about the offence in the request and the reasoning behind it. Hope that helps. Quote Link to comment Share on other sites More sharing options...
Alex Withers Posted July 17, 2015 Share Posted July 17, 2015 hello Nadz128. Contrary to what your agent has told you, due to recent UK legislation changes, it has now become illegal to pass a Subject Access on to a third party such as DIBP (Stupid I know given its information about you and you should be able to share it with who ever you want) it is also illegal for a third party to request you to obtain a subject access. DIBP are aware of this and now accept a stat dec outlining the events and resulting convictions that is signed by yourself and witnessed by a solicitor. You can call ACPO/ACRO and they can let you know the exact information held about yourself, though i'm afraid I don't know exactly what information they require to prove it is yourself calling. If you call ACPO/ACRo they will be able to confirm that it is illegal to share the subject access. Quote Link to comment Share on other sites More sharing options...
PomCop Posted July 17, 2015 Share Posted July 17, 2015 Useful to know, thanks! Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 17, 2015 Share Posted July 17, 2015 Not strictly correct. There is no legislation preventing passing your OWN data onto a third party. But, there is legislation, that prevents third parties demanding it in order to get a job, for example (only enforceable in the UK of course). The practice of so called 'backdoor PNC check' was outlawed in March this year, but an individual who applies can still do what he would like to do with the data. Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 Hi all, I'm hoping someone can help calm my worries. We had our police checks back over the weekend mine was no trace and my husbands was no live trace. After speaking to an analyst at acro today they have advised him why he received a no live trace cert. he received a caution for possession of a class a drug. He wasn't possessing any, he was in a large group of people on a night out over 10 years ago and they all got the same punishment. Will this stop us having the visa granted [emoji16] Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted July 27, 2015 Share Posted July 27, 2015 No..but declare it with your application..If you have read advice given on this thread..same applies to you Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 I can't remember if they asked it on the visa application. If they did I've said no because we totally forgot about it until the certificate came back. I'm going to do a stat dec and explain the incident and get it uploaded tonight [emoji16] Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 (edited) I can't remember if they asked it on the visa application. If they did I've said no because we totally forgot about it until the certificate came back. I'm going to do a stat dec and explain the incident and get it uploaded tonight [emoji16] Hi Alanlisa, The question that asks 'has any applicant ever been associated with a person, group or organisation that has been or is involved in criminal conduct?' Technically this is a 'yes' answer, because out of the group your partner was with on that occasion, at least one of them was involved in criminal conduct by virtue of the fact that they were caught in possession of the drugs, which by definition is criminal conduct. You must correct this answer and also declare the recorded offence by completing Form 1023 as soon as possible and explain them fully. Also, I'd recommend preparing a Form 80 as it is highly likely you'll be asked for it as a result. Word of caution, when your husband writes the explanation say how silly it was to get involved in that type of thing etc and be very humble. DIBP don't like it when people try to minimise the appearance of their guilt in something that they have done, it's best to stick to the facts (as the police saw it) and then start the grovelling. An offence of this type not resulting in a prison sentence does not necessarily stand in the way of a visa but if there are attempts to dilute or to somehow hide something this can have an adverse affect. If you are concerned about anything it may be a good idea to have a chat with a registered migration agent that has some experience with these situations. Edited July 27, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 But a caution is not considered a conviction. That is the advice of acro. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 But a caution is not considered a conviction. That is the advice of acro. Forget the first bit of my last post, it refers to offences not yet disposed of, so I apologise for that and will edit the post. The caution is not a conviction per se, but it forms part of a persons criminal history, and by virtue that it still appears on a PNC check it is still of interest to the character test as the character requirements state that you must declare all recorded offences to the department, of which this is. Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 We will be uploading a stat dec this evening with all of the information on which we have been given over the phone today. Fingers crossed that will be enough [emoji16] Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 We will be uploading a stat dec this evening with all of the information on which we have been given over the phone today. Fingers crossed that will be enough [emoji16] That's a good start, but as per my first post, you will need to do form 1023 (Notification of Incorrect answers) to correct the character declarations question for when you originally completed the visa application. Have you had your stat dec certified by someone from the official list on the attorney generals website? Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 (edited) I had to do a stat Dec this week and was unable to find a person from the list who also had a connection to Australia, so I had to go to the Australian High Commission in London. From the AG website http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both: on the list of authorised witnesses and has a connection to Australia. For example, a doctor who is registered to practise medicine in Australia can witness your declaration, but a doctor who is not registered in Australia cannot. If you are currently overseas, you may be able find someone who is an authorised witness at your nearest Australian Embassy, high commission or consulate. For more information, including contact details, visit the Department of Foreign Affairs and Trade website or the Smartraveller.gov.au websites. Please note that engaging an authorised witness overseas may attract a fee under the Consular Fees Act 1955. Edited July 27, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 It says a police officer can sign them, is that not correct? [emoji16] Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 It says a police officer can sign them, is that not correct? [emoji16] An Australian police officer yes. A UK one, no. Quote Link to comment Share on other sites More sharing options...
Alanlisa Posted July 27, 2015 Share Posted July 27, 2015 Your kidding me!!! The Australian commission is about 300 miles away! [emoji16] Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 27, 2015 Share Posted July 27, 2015 Your kidding me!!! The Australian commission is about 300 miles away! [emoji16] Sadly I'm not..... I had also had to go last Wednesday. However, you might not necessarily need a stat dec. You could provide a statement instead and see if that is accepted, I'm not 100% sure it would be but it might be worth a try. But, if you provide a stat dec then you'll have to bite the bullet and make the journey. Quote Link to comment Share on other sites More sharing options...
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