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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In approx 1989 I was given a police caution for petty theft.

Resolved Question:

In approx 1989 I was given a police caution for petty theft. I have asked by my employer to go to Australia for 2x 3weeks visits to our office. Will I need to declare this on my visa application and could my visa application be refused because of it?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

They do not have access to the UK database so they have no way of knowing whether you have a caution or not.

Alex Watts :

You aHave you ever been CONVICTED of a Crime or an offence is the question on the visa application.

Alex Watts :

The answer to this would be NO

Alex Watts :

A caution is not a conviction.

Alex Watts :

In any event even if they do a DBS check (used to be CRB) the rules state

Alex Watts :

f the applicant was an adult (18+) at the time of offence, the caution will be elgible for filtering (removal from the DBS certificate) if:



  • It has been 6 or more years since the date of caution, and

  • the offence does not appear on the list of offences relevant to safeguarding

Alex Watts :

Therefore it would not show.

Alex Watts :

So no, I do not think you need declare it

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Yes. If my reason for caution did appear on the filtering list, would it still have been removed after this amount of lapsed time?
Alex Watts :

If it is on the filtering list it will always remain

Customer: So, just to clarify, if it is on the filtering list then it remains on record, but because the question they ask on the application is ' have you ever been CONVICTED of a crime or offence' and I answer no, then my application should not be refused?
Alex Watts :

Correct

Customer: Thank you. This was the only item that I need clarification for so how do I end my membership
Alex Watts :

I dont have access for that you need to contact customer services

Alex Watts :

Can I clarify anything else for you?

Customer: No. That's everything thank you
Alex Watts :

Great. Can I ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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