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Criminal offences


Loulou

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Finally spoke to my agent after a long weekend wait.... Got to apply for a access report along sided police check, appeared a little miffed as didn't declare on my visa application however doesn't think it will have a negative effect on applicationand I feel bad as it was a geniuine mistake and hope my agent doesn't think I tried to hide this? Surly not as it would appear on police check..... Do they really take 40 days to come back? If so gonna hold up up application cannot believe it :-(

Loulou

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Finally spoke to my agent after a long weekend wait.... Got to apply for a access report along sided police check, appeared a little miffed as didn't declare on my visa application however doesn't think it will have a negative effect on applicationand I feel bad as it was a geniuine mistake and hope my agent doesn't think I tried to hide this? Surly not as it would appear on police check..... Do they really take 40 days to come back? If so gonna hold up up application cannot believe it :-(

Loulou

 

Yes unfortunately they do take 40 days, it is the statutory timeframe and I've never heard of anyone who has received it any quicker than that.

 

Have you got your police certificate back yet?

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Thought as much, no not yet captain c should be here in 10 days time my only hope now is that it doesn't show up but don't think that's gonna happen, nevermin another 40 days added to my wait!

Thank you captain c ur advice as been really appreciated

Loulou

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Thought as much, no not yet captain c should be here in 10 days time my only hope now is that it doesn't show up but don't think that's gonna happen, nevermin another 40 days added to my wait!

Thank you captain c ur advice as been really appreciated

Loulou

 

The police certificates come back very quickly, did you only apply for it today?

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What's the difference?

 

CRB checks are dine under different guidelines. Depending on the level of check (there are several depending on your job/employer/amount of access to vulnerable people etc) some offences may not be disclosed.

ACPO checks for migration purposes cover all convictions and findings against a person. For migration purposes nothing is spent, or undeclared, everythng will be listed.

 

There are a lot of ins and outs but thats the basics. Do not assume that a clean CRB check means the police have nothing on file against you.

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My husbands access report came back in 21 days. On the 20th day of waiting they emailed asking for his address further back than the last 10 years they originally requested. We responded straight away and they emailed the report the next day. 21 days in total

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Applied for police checks on Friday, access report today captain c. Thank you cjenky I suppose I'll have to wait patiently, hate wishing my life away but until the visa is granted it feels like our lives are on hold, constantly talking, saving and planning but no action can be taken. Thanks all x

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  • 2 weeks later...
Hi all received our police checks back today, husbands show no live trace so looks like I have to play the waiting game again could cry this is the only thing holding up my visa grant ....

 

But you did declare it right? It was inevitable that it would show up. What you need to focus on now is that it will not be a bar to getting a visa and Australia will still be there for you.

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Hi all received our police checks back today, husbands show no live trace so looks like I have to play the waiting game again í*½í¸¡ could cry this is the only thing holding up my visa grant ....

 

Your husband can call ACRO now that you have the certificate, and they can tell you what the specifics of the criminal record is held on him to ensure that you have declared correctly.

 

You can then make a statutory declaration with the details on, have it witnessed at Australia House in London and submit that. It's likely that they will accept this instead of a subject access, as long as all the details are correctly declared.

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  • 3 weeks later...

Finally got the access report back today, 30 days after applying, submitted on my immi account and now all addition documents requested complete however my agent says could take up to six weeks for decision on visa grant cannot take much more waiting

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My husband is not sure whether he has a conviction or not! He lived in the Cayman Islands in 2007, and was pulled over for not wearing a seat belt and given a court summons to which he pleaded guilty and paid a fine. We have applied already and front loaded everything, all we are waiting on is the police clearance from the Cayman Islands. Should we have declared this as a conviction? Probably over thinking this now but should we be declaring speeding offences from the UK? Our UK PCC's came back as No Trace but should we be telling them that my husband also appeared in court in the UK for a speeding offence 10 years ago?

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My husband is not sure whether he has a conviction or not! He lived in the Cayman Islands in 2007, and was pulled over for not wearing a seat belt and given a court summons to which he pleaded guilty and paid a fine. We have applied already and front loaded everything, all we are waiting on is the police clearance from the Cayman Islands. Should we have declared this as a conviction? Probably over thinking this now but should we be declaring speeding offences from the UK? Our UK PCC's came back as No Trace but should we be telling them that my husband also appeared in court in the UK for a speeding offence 10 years ago?

 

Don't worry about the speeding offence. The UK PCC came back with no trace so that is fine.

 

I'm not sure about the Cayman Islands penal system and whether or not wearing a seatbelt is classed as a criminal offence. I suspect not, but it's always a possibility. If it was me, I'd have declared this one to be on the safe side in the absence of the information from the PCC.

 

I'd just wait and see if the PCC comes back with anything. If it's clear then you are ok, if not then you'll have to submit a notification of incorrect answers, form number is 1023 and send a grovelling note why you failed to declare it in the first place. Not wearing a seatbelt is hardly the crime of the century, so don't worry too much about this.

Edited by CaptainC
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