Past Offences - Consent for Verification

[oliver27]

Hi,

Applied for a 309 partner visa in mid Feb from the UK.

Everything moved very quickly, which was great. Did medical and submitted police certificate, which stated no live trace (which means I have a record, but offences a long time ago and classed as spent in the U.K.).

Case Officer then requested a statement outlining my offences, to which I provided.

I was expecting this, but didn’t expect to get an email from the police certificate department (so not the embassy, but the U.K. based ACRO service) asking for my consent so they could confirm to the case officer the details I had put in my statement.

I’m not worried about incorrect info because luckily I had got a subject access request from the police previously so knew all the details of my old offences.

However, I can’t find anything on the internet about this happening to anyone else. I was expecting to write a statement regarding my offences due to ‘no live trace’ but not to have it fact checked like this.

Again, this isn’t a problem really as I should have got everything correct, but just wanted to know whether anyone else had experienced this? If so, how long does this take to process etc.? From what I can tell, this would be the last thing they are doing before they would make a decision.

[Nemesis]

12 hours ago, oliver27 said:

Hi,

Applied for a 309 partner visa in mid Feb from the UK.

Everything moved very quickly, which was great. Did medical and submitted police certificate, which stated no live trace (which means I have a record, but offences a long time ago and classed as spent in the U.K.).

Case Officer then requested a statement outlining my offences, to which I provided.

I was expecting this, but didn’t expect to get an email from the police certificate department (so not the embassy, but the U.K. based ACRO service) asking for my consent so they could confirm to the case officer the details I had put in my statement.

I’m not worried about incorrect info because luckily I had got a subject access request from the police previously so knew all the details of my old offences.

However, I can’t find anything on the internet about this happening to anyone else. I was expecting to write a statement regarding my offences due to ‘no live trace’ but not to have it fact checked like this.

Again, this isn’t a problem really as I should have got everything correct, but just wanted to know whether anyone else had experienced this? If so, how long does this take to process etc.? From what I can tell, this would be the last thing they are doing before they would make a decision.

Must admit in over 20 years on forums I have never heard of a CO going direct to the UK police.  Did you submit an ACRO check or just Subject Access? 

[oliver27]

24 minutes ago, Nemesis said:

Must admit in over 20 years on forums I have never heard of a CO going direct to the UK police.  Did you submit an ACRO check or just Subject Access? 

Hmmm that’s strange then. Maybe new protocol or something? The email I got from ACRO police dept. seemed very generic / template, suggesting they do it often.

Again, not something that worries me because I should have all details correct. Just more concerned it may delay the timeline.

In my visa application, with reference to police stuff...

1. Submitted police certificate (no live trace)

2. CO requested written statement from me regarding offences that didn’t show up in certificate (due to no live trace)

3. Statement submitted to immiaccount using details I had from a subject access request I had got previously. Subject accesss itself wasn’t submitted

4. Email received from police certificates / subject access department seeking my consent for the embassy to ask them to confirm that the details I had written in my statement were correct. In the email they state they can only validate, not give the CO my full subject access.

[Nemesis]

55 minutes ago, oliver27 said:

Hmmm that’s strange then. Maybe new protocol or something? The email I got from ACRO police dept. seemed very generic / template, suggesting they do it often.

Again, not something that worries me because I should have all details correct. Just more concerned it may delay the timeline.

In my visa application, with reference to police stuff...

1. Submitted police certificate (no live trace)

2. CO requested written statement from me regarding offences that didn’t show up in certificate (due to no live trace)

3. Statement submitted to immiaccount using details I had from a subject access request I had got previously. Subject accesss itself wasn’t submitted

4. Email received from police certificates / subject access department seeking my consent for the embassy to ask them to confirm that the details I had written in my statement were correct. In the email they state they can only validate, not give the CO my full subject access.

Interesting. Never come across it or seen it mentioned before, as police check info is all supposed to go through the subject (ie, you) not direct but maybe they are changing their policies. Always before people have been asked to go back themselves and get offence details.

[oliver27]

1 hour ago, Nemesis said:

Interesting. Never come across it or seen it mentioned before, as police check info is all supposed to go through the subject (ie, you) not direct but maybe they are changing their policies. Always before people have been asked to go back themselves and get offence details.

My partner made a good point - she said the data protection legislation changed in January and maybe it has something to do with that.

[Nemesis]

42 minutes ago, oliver27 said:

My partner made a good point - she said the data protection legislation changed in January and maybe it has something to do with that.

That would only affect the right of the UK to release the info to Australia though. And it doesn't seem like that has changed as they still asked for your permission so you are aware of what they are releasing.

It would need a change of policy on the behalf of Australian Immigration to now be going direct to the UK police, without letting you know that they are doing so 

Interesting.....and potentially concerning!

[oliver27]

3 hours ago, Nemesis said:

That would only affect the right of the UK to release the info to Australia though. And it doesn't seem like that has changed as they still asked for your permission so you are aware of what they are releasing.

It would need a change of policy on the behalf of Australian Immigration to now be going direct to the UK police, without letting you know that they are doing so 

Interesting.....and potentially concerning!

Hmm I don’t know. It seems obvious to me that they would need a way to confirm what I had written in my statement was true. Else I could have written anything I guess! How did they confirm that previously?

[JetBlast]

@ oliver27 the legislation (GDPR) deadline is May but they might have change procedure already before the deadline.

[rammygirl]

I have seen people post they were asked to send the subject access report to the CO. That seems the most obvious way to verify. 

[Nemesis]

4 hours ago, rammygirl said:

I have seen people post they were asked to send the subject access report to the CO. That seems the most obvious way to verify. 

That's what I've always seen people reporting - they send the ACRO report for the basics, then the Subject Access for the details. 

[oliver27]

2 hours ago, Nemesis said:

That's what I've always seen people reporting - they send the ACRO report for the basics, then the Subject Access for the details. 

Ah ok. So this way they’re just asking the police department to verify as opposed to asking applicant to provide the ‘raw’ details.

I guess they may be doing it due to data protection implications then, or it may just be more efficient to ask the police department to verify instead of providing a full subject access request which takes time to prepare and I’m guessing a bit of time to interpret for the CO.

In the past was it protocol to ask for the subject access details after a statement? Or just for a chosen few?

[oliver27]

Also, how long would you say after this stage is the visa granted? I assume this is the last step. The police department have confirmed they have communicated to the CO, so just waiting on the CO. I know this could be how long is a piece of string, but any trends observed on this forum from U.K. applicants who have to cover the past convictions process?

Edited April 7, 2018 by oliver27

[Monks]

My partner was asked for a subject access report after he submitted his police check along with a statutory declaration detailing his offence. The CO can request information at any point and there seems to be no rhyme or reason to their process. I wouldn’t assume that this is the last stage in the process before they make a decision. We received our grant 6 months later but during that time we received a further 2 CO contacts for further information.

?

 

[zpo]

I'm jumping on this thread, hope you don't mind.  My partner's check will come back NO LIVE TRACE but are we correct in thinking this is NOT a conviction so can tick no for criminal convictions?  Or do we need to tick yes and outline the details of the caution from  20 years ago?

[oliver27]

17 minutes ago, zpo said:

I'm jumping on this thread, hope you don't mind.  My partner's check will come back NO LIVE TRACE but are we correct in thinking this is NOT a conviction so can tick no for criminal convictions?  Or do we need to tick yes and outline the details of the caution from  20 years ago?

It’s my understanding that no live trace just means it’s not on your record anymore due to rehabilitation act. Still means you have convictions in the eyes of Australia.

I would be transparent about everything. As my case above, if it states no live trace they will request further details.

A caution won’t be a problem though. My visa was granted shortly after this thread.

[Kung-Fu Koala]

My uk police check came back no live trace,  I had been in a bit of bother (fighting in UK) when I was younger but never had any custodial only fine for disorderly behaviour (you can call ACRO for details after you've done your check) , so on the form when it said any convictions I said no because I wasn't convicted as I understand ?? Now it looks like I've lied or tried to hide it !! so its causing delays and may stop my wife's visa - stupid thing is I'm the Australian citizen and can go no matter what ?! 

Edited January 25, 2019 by Kung-Fu Koala

[Kung-Fu Koala]

On 04/04/2018 at 17:51, oliver27 said:

Hi,

Applied for a 309 partner visa in mid Feb from the UK.

Everything moved very quickly, which was great. Did medical and submitted police certificate, which stated no live trace (which means I have a record, but offences a long time ago and classed as spent in the U.K.).

Case Officer then requested a statement outlining my offences, to which I provided.

I was expecting this, but didn’t expect to get an email from the police certificate department (so not the embassy, but the U.K. based ACRO service) asking for my consent so they could confirm to the case officer the details I had put in my statement.

I’m not worried about incorrect info because luckily I had got a subject access request from the police previously so knew all the details of my old offences.

However, I can’t find anything on the internet about this happening to anyone else. I was expecting to write a statement regarding my offences due to ‘no live trace’ but not to have it fact checked like this.

Again, this isn’t a problem really as I should have got everything correct, but just wanted to know whether anyone else had experienced this? If so, how long does this take to process etc.? From what I can tell, this would be the last thing they are doing before they would make a decision.

How long did it take after this request ? 

 

[VERYSTORMY]

23 hours ago, Kung-Fu Koala said:

My uk police check came back no live trace,  I had been in a bit of bother (fighting in UK) when I was younger but never had any custodial only a 12mth good behaviour order to keep peace, so on the form when it said any convictions I said no because I wasn't convicted as I understand ?? Now it looks like I've lied or tried to hide it !! so its causing delays and may stop my wife's visa - stupid thing is I'm the Australian citizen and can go no matter what ?! 

You were convicted. To get the good behaviour bond required a conviction. 

I would seek some professional advice as normally, a conviction with such a low level sentence wouldn't be an issue. However, failing to declare may be 

[wrussell]

Quote

failing to declare may be 

Would be!

 

[SEP2016]

for parents being granted visa 173 and staying in Australia now and have applied for visa 143, Do they need police clearance from their original country again?

they had their police clearance done or visa 173.

[Kung-Fu Koala]

On 25/01/2019 at 21:03, wrussell said:

Would be!

 

Low level conviction would be a problem ? Or not telling them? It was a genuine mistake having thought there was no conviction, it was 18yr ago and clear since.

[VERYSTORMY]

4 hours ago, Kung-Fu Koala said:

Low level conviction would be a problem ? Or not telling them? It was a genuine mistake having thought there was no conviction, it was 18yr ago and clear since.

It is the not telling. The conviction wouldn't have been an issue, at worst, you would have been asked to write a explanation letter. But not telling could lead to a refusal and even a ban on replying. 

My advice would be to contact a good migration agent such as wrussel above. His contact details are in his signature 

 

[Kung-Fu Koala]

19 minutes ago, VERYSTORMY said:

It is the not telling. The conviction wouldn't have been an issue, at worst, you would have been asked to write a explanation letter. But not telling could lead to a refusal and even a ban on replying. 

My advice would be to contact a good migration agent such as wrussel above. His contact details are in his signature 

 

We have a migration agent and they have asked me to write a statement which I've done, not much I can do now but wait I suppose.

Stupid thing is I'm an AU citizen and they can't stop me going it's my Wife that could suffer for an honest mistake on my part. 

 

[wrussell]

The Feds can pick up a phone and ask - anything known?

To convey whatever might be known to a third party they need consent, in most cases.

There is a Bill before the house that extends the conditions under which a person can fail the 'character test'. Convicted but not sentenced, or charged but not convicted looks like being enough.