How do I check if I have a caution?

[mrdell80]

hello,

Back in 2007 I had got involved with the police for a silly reason. I "think" they let me off with a caution. I was too upset then and didnt really realise what was hapenning.

Since then I applied for my T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 and haven't mention the caution at all.

The naturalization form specifically asks for the cautions to be mentioned.

I really dont remember the caution details and there does not seem to be a way to find out.
Do you suggest I have a standard dbs check? Will it spill out all past cautions?
Or given my history of ukba application, should I not declare the caution?

Thanks,

[mrdell80]

Hello,

Looks like I cannot request a standard DBS check as an individual. The only check I can request is the Disclosure Scotland check which will not spill out cautions (as they are spent).

Please can any one suggest what I should be doing? How do I find out if I had a caution?

Thanks,

[t123456789]

Only one way for an individual, make a Subject Access Request directly to the police, Police Scotland for Scotland of course. The DBS will not have cautions on it, a lot of people have fallen afoul of this.

[mrdell80]

Digging further -

Looks like if the caution is given more than 6 years earlier, it does not make it to the DBS check as well. But can make it to the enhanced DBS check. What check does UKBA run?

https://www.gov.uk/government/publicati ... ring-guide
What PNC information will be filtered from inclusion on a DBS certificate?
The rules as to when a conviction or caution will be filtered are set out in legislation. This states that a certificate must include the following:

...
cautions given less than 6 years ago (where individual 18 or over at the time of caution)

AND

https://www.askthe.police.uk/content/Q89.htm

[ohara]

UKVI will almost certainly do enhanced.

You can request any information held about you on the police national computer by doing a subject access request to the ACRO.

https://www.acro.police.uk/subject_access.aspx

It costs £10 and takes a few weeks. I did one at the beginning of the year and it still shows a reprimand that I got in 2002

[mrdell80]

Thank you all. I guess SAR is the way forward then.

For all the applications that I have made - T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 I haven't mention the caution at all. I don't remember if this was a requirement then, would anyone know? Hope this would not count as deception now!

Also, the SAR needs 10 years of address history while the UKVI needs 5 years of address history. How would UKVI relate the cautions applied 5 years while on a different address that has not been provided?

Thanks,

[Rassel]

don't worry about your caution was in 2007. You are safe if you declare.
even can't remember the date you can mention place and type caution to avoid 10 years band.
Just recently one of applicant receive 10 years band
coz he mention his most recent one
he didn't declare older one.

Caution (type) normally keep your file for 3 years, DBS didn't show in record.
After check DBS record one of applicant didn't mention, and he was 10 years band as well.

Thank you all. I guess SAR is the way forward then.

For all the applications that I have made - T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 I haven't mention the caution at all. I don't remember if this was a requirement then, would anyone know? Hope this would not count as deception now!

Also, the SAR needs 10 years of address history while the UKVI needs 5 years of address history. How would UKVI relate the cautions applied 5 years while on a different address that has not been provided?

Thanks,

[noajthan]

Or given my history of ukba application, should I not declare the caution?

Thanks,

A recent cautionary tale:
http://www.immigrationboards.com/uk-tie ... 10733.html

[mrdell80]

Thanks you all. I have requested a SAR.

For all the applications that I have made - T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 I haven't mention the caution at all.

I have checked all application forms I have filled previously and there has been no explicit need to mention the cautions. I hope this declaring this now does not mean withholding information in earlier applications and is not termed as deception.

Would love to hear back please.

Thanks,

[mrdell80]

Anyone please. Would love to be sure that it is new a requirement to mention cautions.

[Rassel]

Extension visa or for ILR H/O didn't ask caution,
And ILR and Naturalisation is far difference.

Thanks you all. I have requested a SAR.

For all the applications that I have made - T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 I haven't mention the caution at all.

I have checked all application forms I have filled previously and there has been no explicit need to mention the cautions. I hope this declaring this now does not mean withholding information in earlier applications and is not termed as deception.

Would love to hear back please.

Thanks,

[mrdell80]

Update - The SAR results have come back with a caution. So i believe I will have to declare this.

This caution was 9 years ago for a silly joke that went wrong. Nothing as serious as a sex offender. Although slightly embarrassing, I hope this would not have any bearing on the result.

Out of curiosity, the SAR request for 10 years of address history while the UKVI request for 5. So if I dont have to declare the address when I had got the caution would they still be able to identify the data older than 5 years?

Thanks,

[noajthan]

Update - The SAR results have come back with a caution. So i believe I will have to declare this.

This caution was 9 years ago for a silly joke that went wrong. Nothing as serious as a sex offender. Although slightly embarrassing, I hope this would not have any bearing on the result.

Out of curiosity, the SAR request for 10 years of address history while the UKVI request for 5. So if I dont have to declare the address when I had got the caution would they still be able to identify the data older than 5 years?

Thanks,

The HO will almost certainly have more resources at their disposal with which to crosscheck and verify an applicant's history.
Just declare what you need to declare, sign the Declaration vouching for the information submitted in the form and then sit tight and wait for the outcome.

[mrdell80]

Thank you noajthan for your quick reply.

As you said, but in the details of what they have asked and wait for the outcome. There is no point worrying something we cannot control.

The only thing I have on my mind now is -
For all the applications that I have made - T1 in 2008, T1 extension in 2011, T1 extension in 2013 and ILR in 2015 I haven't mention the caution at all. I have checked all application forms I have filled previously and there has been no explicit need to mention the cautions. I hope this declaring this now does not mean withholding information in earlier applications and is not termed as deception.

[mrdell80]

Thank you everyone. Just to conclude, I got the results of the SAR and declared the caution in my application. I received my "invitation to the citizenship ceremony" letter last week! Good luck everyone.