Guest rachbarlow Posted August 7, 2009 Share Posted August 7, 2009 I wonder if any can help me? After looking at various threads on here, and also calling acpo earlier today, I am left alittle confused at what to put on my OH 1276 form under convictions. My OH has some minor offences dating back to 1993, last one was 2003. However, I was told by acpo that some of these, if not all may not be relevant anymore and be classed as spent, and no longer on his record? They said that the search may come back as live trace, but not actually show anything?? Whereas mine would show 'no trace'. I am not hiding anything, and totally agree to give the DIAC the truth from the offset, but I am unsure of what is actually on his record due to this being many years ago. Dates etc.... I don't want to leave the 1276 qu blank, and then they get the clearance cert and something shows, as it may look like I have been lying. Be straight from the offset I believe. I have been to the local police station today, and they said even if my OH went in they cannot help or advice due to Data protection. They cannot give you info on yourself!! MAD really!!! (unless you pay them money!!!). I have come to the conclusion that the best thing is to apply for the police check now, and see what is on there, and if it has the dates etc. Then write what comes up and all the info on the form. The down side being that I will prob have to apply for it again when the DIAC want it, as it may be serveral months old. Would they accept it or not? Does the date of your police clearence affect the time to validate your visa? When I last applied for a police check some 23 months ago, it was different, and has changed since. It was £10 and a 'subject access' form came through the post detailing things. Is this new system through ACPO the same. Will it give me the info I need to declare in the visa app? Thanks Rach.:notworthy: Link to comment Share on other sites More sharing options...
Guest jodiejay Posted August 7, 2009 Share Posted August 7, 2009 the validity of your police checks and meds is usually one year but you can send in new ones to extend the validity if they expire before your visa is granted. good luck. Link to comment Share on other sites More sharing options...
_shel Posted August 8, 2009 Share Posted August 8, 2009 The subject access request will give you the detail you need. It will cost £10 and they have to reply within 40 days although that does not mean they wil provide you with the information you need in 40 days. They could send you a letter saying 'we have your request' and they have fulfilled the 40 day obligation. You could then get the actual info anyting from 1 day to a month or so later, really depends on the Force you are applying to, how busy they are, how much info they have to collate etc. The ACPO check for your OH could show 'no live trace' if they are spent or 'live trace if they are not. That depends on the sentence they received at the time. It will not show offences, dates, sentences etc which DIAC need to know. If it was me and I was not sure of the dates etc I'd apply for the 'subject access request' now and wait until asked for the ACPO check. That will allow you to put the correct info on the form. Link to comment Share on other sites More sharing options...
Guest brummie39 Posted August 8, 2009 Share Posted August 8, 2009 hiya, well we applyed for my hubbys criminal record. It took about 1 month for it to come through. It had dates and title of what he done. Not all things were on it, as i guess like you said, it was spent. I have been told by our immi agent, that it last for 12months. It cost us £35. I think its best to get before lodging, as youknow then what you can put down. Dont know if this is any help, as we are new to all this, and at filling out for a front loded app. We lodge in sep. Has anyone come across theres being forwarded to chartacter team in oz for assesment? Our agent has said ours would more than likely, as my hubby in past has spent more that 12 months, he spent 15 months. Any ideas how long these guys take? Not to concerned at outcome, as we have speacial circumstances to be in oz, im an aussie in u.k, hubby english. Just trying to get an idea of long these guys in charcter take. Any way rach, honesty is the best policy, i would get it first. Brummies wifey x Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 8, 2009 Share Posted August 8, 2009 Thanks both of you! I agree be honest, that is why I am wondering how to tackle it the best way poss, and the easiest! I have a subject access here in from of me for my OH dated aug 2007. Do you think that it is best I re-apply for a new one, and half of the stuff may not even be on there? Oh that sounds bad, he is not that naughty, he had his reasons!! So then......... The way I understand it is then the ACPO check will not give you any info, just 'live trace' if there is something, or 'no trace' if you are good, like me!!? I guess then if the DIAC wanted to look into it and check that the info you had put on your visa app was correct, and tied it up with you form 80 info, and ACPO check 'live trace', they would ask for the 'subject access' detailing the offences as a way of getting the further info? Sorry if I sound confusing!! Just want to get it straight in my own head, as I was going to post the visa app on Monday using the info from 'subject access' info aug 2007, then I know which way I am going as I am doing the app myself. I want the info I give them to be correct from the offset, and know I am applying for the correct police checks etc.. Thanks for your help!! It is appreciaited!! Rach x Link to comment Share on other sites More sharing options...
_shel Posted August 8, 2009 Share Posted August 8, 2009 If you have a subjuect access request for hubby from 2007 and he has not broken the law since you do not need another one. Use the information on that to fill in the forms for your application. DIAC only need a ACPO certificate they dont request subject access any more. The specific info re the crimes and sentence come from you and connections they have with the UK Government to do character clearance. I'd include that old subject access request whith your application forms to back up what hubby is saying re his history. I included my CRB with my application for a tourist visa for the same reason. At some point (who knows when) a CO will contact you and ask you both for a ACPO check which you have to get too. But they will already know the details becuase you will have put it on the application forms & provided an extra, the subject access request. The ACPO certificate will then confirm what you have already told them. Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 8, 2009 Share Posted August 8, 2009 No he has been good!! For many years now!! The last was 2003, and there was a reason for that. Ok then I will include the 2007 subject access form. Do you think that it is worth doing an attachment with it saying he is a good citizen, and the reasons i.e young, mislead etc., as a way of explaining? Would this have to be in a stat dec? witnessed by our solicitor? I think my solicitor is tired of signing papers now!! Would it be useful to get our solicitior to gave my OH a charater ref, or would signing the stat dec be enough? I am looking into this too deeply? Just want to get it right, then we have no worries down the line trying to explain ourselves. Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 10, 2009 Share Posted August 10, 2009 just bumping up in case anyone else has some useful information for me. It is appreciated!! Link to comment Share on other sites More sharing options...
Guest SO,DIZZY Posted August 10, 2009 Share Posted August 10, 2009 Hi there, first of all don't panick it sounds as if you are getting yourself in to a state.. I myself was in the exact same situation several months ago and looking back now it wasnt as bad as i had invisaged it.. if your partner has a few different convictions then the best thing to do is get the information from the disclosure and go with that,, it is likely that if it is listed on the disclosure it will also be on the acpo certificate,, if the disclosure is from 2007 it will likely to be of no use to diac as any information will be determined to be out of date.. if you include a letter to explain any convictions and your partners part in them it always helps.. be upfront and honest although the fact that you cannot list the actual convictions makes me think there may have been a few trivial scirmishes that you are hoping will not show up.. the disclosure is your best guide to actually knowing what information the police hold in regards to what can come back and hit you in the face later should you be asked for a more indepth police check.. there was a pio member (que sera sera) who listed a post today saying that they have been queeried by diac in regards to there pcc.. so there must be checks every so often.. on a more peronal note I have a couple of convictions from 1995 and 1997 and they were both listed on both pcc and discosure.. so I enclosed an up to date disclosure and my pcc and a letter of explanation.. we now have our visa and have heard nothing more about the convictions.. dont despair.. be as honest as you can.. and good luck..regards dizz... Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 10, 2009 Share Posted August 10, 2009 So then.... I have just downloaded a form to request a new subject access form for my OH. Filled it out, £10, proof of identity, my son is wizzing to the post box to get it off today. I think that I will wait for that to come back...... declare evrything on there and enclosed that 'new' subject access form rather than the 2007 one, to back him up, together with an explanation letter. Does this letter need to be a witnessed stat dec, or will a letter suffice? Sorry if I sound a bit of a state. I'm not, well yet!! With ref to 'although the fact that you cannot list the actual convictions makes me think there may have been a few trivial scirmishes that you are hoping will not show up.' I am being honest I mean when it comes to dates etc I am unsure of them as we were not together at the time, (1993), and my OH is lucky if he remembers his lunch sometimes!!! I was wondering if the convictions shown in the 2007 subject access form, would be the same now, or are they wipped off the record? However, I am still going to get a new one to back up what I have put in the 80 and 1276 form. I agree to be honest, then there are no come backs. I just want to do it right in the first place, and then no-one can question anything later. Thanks for your advice it is appreciated!! Rach. Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 10, 2009 Share Posted August 10, 2009 Just bumping up to see if anyone knows what to do about a cover letter? Can it just be a letter, or does it have to be a stat dec witnessed and certified? Thanks!! Link to comment Share on other sites More sharing options...
Guest SO,DIZZY Posted August 11, 2009 Share Posted August 11, 2009 hi there, sorry if i sounded a bit off about the few scirmishes remark it was not intended to be offensive at all.. a lot of people have been done for the stupidist of things over the years (breach of the peace drunk and disorderly etc petty shoplifting especially as a teenager ) and although they are no big deal they sometimes can stay on your record for a long time.. and can make a criminal record look a lot worse than it actually is on paper.. my friends hubby who is also emmigrating got done for peeing up a lane one time years ago and she was in a right state worrying about that as she did not list it on the application although it did not show up as live on the pcc it might well have done he had another conviction that was stepped down from over 20 years ago and even though it was listed as no live trace she was still expected to put the details of that on the application with a letter... so i was not implying that you were at all being dishonest... as to the letter you just have to explain a bit about the circumstances of the events surrounding the convictions.. ie in with a bad crowd, provoked, a certain set of circumstances, circumstances outwith your control, a silly mistake and your partners deep regret explain how your partner has turned there life around, that part of there life is over and done with, in terms of respect for others and yourself they are a different person... this letter does not have to be certified its just a letter to help in regards to how they will interperate any convictions listed on your pcc.. i would also wait untill you get your acpo certificate to see wether you should send the discosure in.. if the acpo certificate is less detailed than the disclosure and it might well be,, just stick to sending in the acpo certificate.... good luck and dont worry.. regards dizz... Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 11, 2009 Share Posted August 11, 2009 Oh don't worry no offence taken. I just appreciate the help!!! I just don't want anyone to think I am trying to hide anything, as I just want to get it right the first time, so there's no come backs!!! My OH on one occasion got arrested for walking with me across the road!! Pathetic I know. We had been out for a couple of drinks, we were not doing any harm but crossing the road, but the police arrested my OH and left me in the middle of town, at night on my own with no money to get home as he had the money!!! Wasn't even drunk!! 'i would also wait untill you get your acpo certificate to see wether you should send the discosure in.. if the acpo certificate is less detailed than the disclosure and it might well be,, just stick to sending in the acpo certificate.... good luck and dont worry.'. So you think that I should send off for the acpo cert now? Will it be more than likely I will have to buy it again when they process the visas? Sent that in, and if that matches the 'subject access' send that in to back it up with a covering letter? And... declare all on the ACPO cert? What if that doesn't match the 'subject access'? Declare what is on the 'acpo' and include a covering letter? Will the DIAC want more info? Sorry for the questions, just want a visa!! You know how it is!! Rach Link to comment Share on other sites More sharing options...
deb8181 Posted August 11, 2009 Share Posted August 11, 2009 All you have to do is declare any convictions on the visa application because they will show up on the police checks anyway. I had 'no live trace' on mine as i had a warning 8 years ago so didnt declare any charges or convictions as i didnt have any. Although i had a warning it didnt show as anything but 'no live trace' probably because it was spent. I spent time worrying about if afterwards thinking that i should have mentioned it on the visa application but no worries - i got my visa granted 4 weeks after i sent the police checks and medicals off without any further questions. :spinny: Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 11, 2009 Share Posted August 11, 2009 so then it is worth just buying the ACPO and declaring what is on there then? Link to comment Share on other sites More sharing options...
deb8181 Posted August 11, 2009 Share Posted August 11, 2009 I'd say so yes. The police checks cost us £35.00 each and the company is ACRO. Website address is acpo.police.uk/certificates.asp Good luck Debbie :biggrin: Link to comment Share on other sites More sharing options...
Guest rachbarlow Posted August 12, 2009 Share Posted August 12, 2009 Thanks! I will send off for that today as well!!! Link to comment Share on other sites More sharing options...
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