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TheKork 
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Post subject: Canada Visa application help/advice (criminal record)
 Posted: Apr 03, 2012 - 09:02 PM
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First post: Dec 28, 2009
Total posts: 86
Status: Offline
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Hi guys, looking for a bit of advice filling in the criminal record part of my Canada Working Holiday Visa.
I am at the part where it asks if I have committed, been arrested for, or been charged with any criminal offence in any country.
I have been cautioned once by the police about 6 years ago, but was never taken to police station or anything. I recieved a letter shortly after from the fiscal just saying that no action was being taken and to watch in future.
Now i've googled about and i'm getting mixed answers on whether to disclose this or not. I wasn't charged or arrested but I don't know whether it counts as commiting a criminal offence either.
Would just like to know what anyone else in my position done for this part of the application.
I have been to the US on holiday and stuff and not had a problem if that has any baring..
Cheers
kyle |
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TheKork
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Post subject: RE: Canada Visa application help/advice (criminal record)
Posted: Apr 03, 2012 - 09:54 PM
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First post: Dec 28, 2009
Total posts: 86
Status: Offline
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UPDATE: Just spoke to someone at the help desk for the criminal record check (ACPO) that I need to send. She advised that I should mention it to them (ACPO) and only mention it in my visa application depending on what it states on my certificate that i recieve back from them.
If it says "no history" then you are clean,
if it says "no live history" then it indicates that there is something on the system (not necessarily a coviction) and is best to mention it,
if it comes back with details of current convictions then obviously you are going to mention it if you want any chance of a Visa.
I'm certain I fall into the 1st or 2nd category, hopefully the 1st. I will base my decision on what to put on my visa application based on what comes back on the police check as this surely is the final word.
Anyway just thought i'd update here for anyone else to refer to.
Would still appreciate past experiences. |
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animal_freeride
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Post subject: RE: Canada Visa application help/advice (criminal record)
Posted: Apr 07, 2012 - 05:53 PM
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First post: Nov 06, 2011
Total posts: 32
Status: Offline
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I'm slightly confused. Were you arrested in Scotland as i've never heard the term fiscal in terms of a Police caution? Normally a Police caution within England & Wales would involve taking your DNA, fingerprints, photograph & an official form to sign. No further action or NFA means there is insufficient evidence at this time.
In terms of CRB checks there are two types; standard & enhanced. Enhanced normally shows up any intelligence, arrests, crimes connected to an individual whether substantiated or not. I'm an unsure exactly what you are being asked to disclose. |
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TheKork
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Post subject:
Posted: Apr 08, 2012 - 04:37 PM
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First post: Dec 28, 2009
Total posts: 86
Status: Offline
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Think I was a bit unclear, I was read my rights and interviewed under caution. I don't think it was an actual caution because I think they need to take you to the station and book you.
Anyway i included it in my police check form anyway just incase they call me to query it if I didnt. Should speed up the process and at least if I mention it in the police check and nothing comes back then i don't think the canadian secret service will bothered about it either  |
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animal_freeride
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Post subject:
Posted: Apr 08, 2012 - 06:33 PM
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First post: Nov 06, 2011
Total posts: 32
Status: Offline
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TheKork wrote:
Think I was a bit unclear, I was read my rights and interviewed under caution. I don't think it was an actual caution because I think they need to take you to the station and book you.
Anyway i included it in my police check form anyway just incase they call me to query it if I didnt. Should speed up the process and at least if I mention it in the police check and nothing comes back then i don't think the canadian secret service will bothered about it either
Ok from what you are saying it sounds like you were just interviewed voluntarily under "caution" rather than being arrested but no formal action was taken against you (NFA).
A Police caution and being interviewed under caution are two completely different things;
If you are suspected of an offence, the Police (or other prosecution authorities in England & Wales), must "caution" you before you are questioned. This is a legal requirement. If you are not cautioned beforehand this is a potential breach of the Police & Criminal Evidence Act. The caution wording starts; "You do not have to say anything, but it may harm your defence.....etc" followed by your right to free legal advice. If you are interviewed voluntarily, you also have the right to leave (yes it is bizarre!).
A "Police caution" is a completely different matter. There has to be sufficient evidence to warrant a potential charge and an admission from the relevant subject. A Police caution is essentially a Police record which can be cited in court should you be unfortunate to be charged with another offence.
It is all a bit confusing but sounds like you've taken the sensible option just in case.
If you are quizzed hopefully the above will provide you with some understanding. |
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TheKork
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Post subject:
Posted: Apr 08, 2012 - 06:36 PM
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First post: Dec 28, 2009
Total posts: 86
Status: Offline
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Thanks for defining the two. to be honest, I had confused it and thought they were the same, done a bit of googling today and now realise they are different. I probably didnt need to mention it having thought about it further now, but its not like they are going to add it to my record if it aint there 
Cheers |
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Humperdink
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Post subject:
Posted: Apr 08, 2012 - 11:39 PM
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First post: Sep 10, 2009
Total posts: 106
Location: Bristol
Status: Offline
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Irrelevant, but I'm amused that the advert displayed at the bottom of this thread, is for 'Uniform Dating. "Police Dating, Join for Free"'
Targeted advertising FTW. |
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cwj
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Post subject:
Posted: Apr 09, 2012 - 06:28 PM
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First post: Nov 13, 2010
Total posts: 740
Location: Glasgow-ish
Status: Offline
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| Heh, should advertise that with banner ads saying "F*ck the police, Join for free" |
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Sidget
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Post subject:
Posted: Apr 09, 2012 - 07:23 PM
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First post: Sep 10, 2006
Total posts: 11090
Location: Under a lil rock
Status: Offline
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Have been considering spending some time in Canada myself, (as part of Uni work for a year) - the amount of forms to fill in... forms everywhere!
Property in Vancouver seems bloody expensive also, some seriously nice tower block apartments to be had though! |
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please inform me when something ridiculous is happening in a thread, as i wish to mock those involved
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