Cautions and declaring on a 457 visa application

[Yoda_I_am]

Hi forumites

 

Quick question if I may; I received a simple caution here in the UK back in 2012.

 

The application form question is:

 

• been convicted of a crime or offence in any

country (including any conviction which is

now removed from official records)?

 

 

To be issued with a simple caution you are neither

 

a) charged with any crime or offence.(that would come if you didnt accept the caution, ie you would be arrested and then charged) or

b) convicted - a caution is not a conviction.

 

What do you fine folk suggest in terms of answering said question?

[verystormy]

I would declare it as it may show up on the records check.

 

It won't have a negative effect on the visa as things are only tricky if prison sentences have been served

[Lou8670]

I declared everything. Even if nothing comes of it. It won't end up on your police check results unless they need to declare a conviction but if you don't and it comes back on your Pcc then it could result in your visa being declined.

 

Lou

Edited January 20, 2014 by Lou8670

[lozzachino]

I know someone who didnt declare a caution and it caused problems down the line as it appeared on their record despite it being years previously.

[Yoda_I_am]

For the replies so far, thanks.

 

Would it be better if I got my ACPO certificate sorted and if thats clear say no, but if its showing say yes?

[CowlingAFC]

I had my police checks done a few weeks ago. There was a couple of things came up that I never declared, so I was obviously worried what the case officer was gonna say.

 

Once submitted (with a little paragraph covering letter type), She replied that " the police check is minor and has no real relevance to her decision of my visa".

 

I had my visa a few days later.

 

Not saying everyones the same, but I panicked for nothing

[Yoda_I_am]

OzDandy, thank you for replying. I'm so ashamed of my caution, and would a) hate it to scupper my chances of a visa & b) hate for my prospective employers to find out about it and scupper my chances of employment.

 

May as well be upfront I guess as it'll no doubt come out should I ever apply for PR down the line?

 

Looks like the old adage, 'if you cant do the time, dont do the crime' comes into effect here, so-to-speak!

[flatpack]

I have a caution and consulted legal advice on this (from my brother in-law, he's a defence solicitor) and you are correct, it is not a conviction but IT IS AN ADMISSION OF GUILT. As such I was advised to declare it! It did show up on my Police Check but 2 minor convictions from 20 years ago didn't but I had declared them as well.

If you were dealt with by a caution I don't think it would cause a problem but if you don't declare it and it rears it's ugly head then that might!

 

Edit: My CO didn't refer to it once either although I did have to fill form 80 out and I've no idea if the two are connected.

Edited January 20, 2014 by flatpack

[Rivera]

It did show up on my Police Check but 2 minor convictions from 20 years ago didn't

 

 

 

Norman Stanley Fletcher ??