benandkelly Posted April 12, 2011 Share Posted April 12, 2011 Hi all, I'm just waiting to hear back from an oz security company regarding a job. I have a caution for theft from an employer from about 4 years ago and wanted to know if this will cause us a problem. The only reason I got a caution was because the police officer had only just passed out and this was his first case. He decided to give me a caution even though they was no evidence that I'd done what my employer alleged. I was advised by solicitor at the time to accept the caution so i did. I really need to know if this will cause us any problems with our visa application. Thanks in advance Ben & Kelly Link to comment Share on other sites More sharing options...
_shel Posted April 12, 2011 Share Posted April 12, 2011 Hi all,I'm just waiting to hear back from an oz security company regarding a job. I have a caution for theft from an employer from about 4 years ago and wanted to know if this will cause us a problem. The only reason I got a caution was because the police officer had only just passed out and this was his first case. He decided to give me a caution even though they was no evidence that I'd done what my employer alleged. I was advised by solicitor at the time to accept the caution so i did. I really need to know if this will cause us any problems with our visa application. Thanks in advance Ben & Kelly Highly unlikely it would cause any problems. People, myself included get visas with convicitions + cautions. They're interested in people who have served prison sentences or pose a threat to Australia. But, if you didnt do it you shouldnt have accepted a caution. By acepting it you admit guilt. You either had a bum solicitor or he thought you would be found guilty in Court with the evidence they had! Link to comment Share on other sites More sharing options...
pablo Posted April 12, 2011 Share Posted April 12, 2011 As Shel said i dont think it would affect a visa application,in fact im pretty certain it wouldnt,but whether a security company would be happy about it???? is your visa dependant on the job offer? Link to comment Share on other sites More sharing options...
Rachael R Posted April 12, 2011 Share Posted April 12, 2011 My other half has a caution and just as long as you tell them when you fill in your visa forms it should be ok. :wink: Link to comment Share on other sites More sharing options...
benandkelly Posted April 13, 2011 Author Share Posted April 13, 2011 Highly unlikely it would cause any problems. People, myself included get visas with convicitions + cautions. They're interested in people who have served prison sentences or pose a threat to Australia. But, if you didnt do it you shouldnt have accepted a caution. By acepting it you admit guilt. You either had a bum solicitor or he thought you would be found guilty in Court with the evidence they had! It was a duty solicitor that advised me to accept the caution. Basically what happened was... My dad was taken seriously ill so I had to take time off work to travel 250 miles to see him in hospital. Only gone 1 day when boss rang telling me I had to be back the next day. Obviously I told him to stick his job. I returned the company car and laptop and office keys, however I forgot to leave my work phone. When I realised i was over 100 miles away so couldnt turn round to take it back. I rang the company on the monday and told them I still had it and would post it to them. They told me to keep hold of it and they'd have it picked up. Next thing I know the police are in contact telling me theres a warrant out for my arrest for theft. I told the cops what had happened and was duly interviewed at my local station. The cop who interviewed me said it was a joke and I shouldnt be there but as it was not his case he couldnt do anything other than carry out the interview. (I gave the cop the work phone and told him the situation from the start). after the interview he told me not to worry as as far as he was concerned the case was a joke. the case was then sent back to the police force dealing with it (250 miles away). I was contacted by the young cop whos first case this was and I was told I had to attend their station 250 miles away. I did as asked and travelled all that way yet when I got there the cop in charge of the case wasnt there and the duty sargent said it was a joke too but because the officer in charge had decided to caution me there was nothing they could do. I asked to speak to a duty solicitor but as it was only a small station with no cells they had ot get a sol on the phone from the main station. He told me on the phone to accept the caution as it wouldnt cause me any problems and if I didnt accept it I would have to be transported 40 miles to the main station to undergo more interviews with a sol present and that It would take a long long time. Obviously I just wanted to get back to my dad so I did as the solicitor advised and accepted the caution. It has never held me back to the point where I have been security cleared to a higher level than the police in the uk as part of my job was installing and maintaining cctv in police stations and custody suites. Hope this help clear things up a bit and explains clearly what happened. Link to comment Share on other sites More sharing options...
benandkelly Posted April 13, 2011 Author Share Posted April 13, 2011 As Shel said i dont think it would affect a visa application,in fact im pretty certain it wouldnt,but whether a security company would be happy about it???? is your visa dependant on the job offer? I've worked in the security industry in uk without it causing any problems. I've even got security clearance higher than the police as I worked in police stations and their custody suites. Yet visa is dependent on job offer Link to comment Share on other sites More sharing options...
benandkelly Posted April 13, 2011 Author Share Posted April 13, 2011 My other half has a caution and just as long as you tell them when you fill in your visa forms it should be ok. :wink: Thanks Rachael. It is a worry as its never caused any problems in the uk. Link to comment Share on other sites More sharing options...
pablo Posted April 13, 2011 Share Posted April 13, 2011 I've worked in the security industry in uk without it causing any problems. I've even got security clearance higher than the police as I worked in police stations and their custody suites. Yet visa is dependent on job offer Good luck with it mate,hopefully you'l have no worries then. Link to comment Share on other sites More sharing options...
benandkelly Posted April 15, 2011 Author Share Posted April 15, 2011 Good luck with it mate,hopefully you'l have no worries then. Thanks Pablo, Will keep you all updated as I hear anything Ben & Kelly Link to comment Share on other sites More sharing options...
Guest guest38933 Posted June 7, 2011 Share Posted June 7, 2011 Hi how did you get on? Rob Link to comment Share on other sites More sharing options...
benandkelly Posted June 14, 2011 Author Share Posted June 14, 2011 Hi how did you get on? Rob Hi Rob, Well, First off oe of the job offers I had has now gone due to the company being taken over by ADT Secondly I've got loads of info from the Aussie high commission in london which tells me that as log as I can provide character references then the caution won't be a problem. However.... I'm now trying to find out if the caution is going to stop me getting a security installers licence. Been intouch with the licencing coordinator from WA police and he's stated he will eed to see my police clearance certificate before he can comment. So I've just emailed him asking if he'd be willing to take a look if I scan it and email it to him. Will keep you informed on the situation. Ben&Kelly. By the way does anyone know of ay security companies in either SA or WA? Link to comment Share on other sites More sharing options...
Guest RuthRescued Posted June 23, 2011 Share Posted June 23, 2011 Thanks Pablo,Will keep you all updated as I hear anything Ben & Kelly Hi Ben and Kelly How did you get on in the end? We're in a similar position with my OH now. Cheers Link to comment Share on other sites More sharing options...
Guest guest38933 Posted June 28, 2011 Share Posted June 28, 2011 Got visa yesterday so the letter helped,thanks for all your support Link to comment Share on other sites More sharing options...
Guest wheeler2k Posted June 30, 2011 Share Posted June 30, 2011 You should have no probs what so ever. My 457 visa was granted and I had a GBH conviction when I was 19. It involved comunity service and a fine. I was up front about everything, provided a police check and gave the surroundings of the incident (I found the mrs at the time in bed with another man). I think they take each case on merit. I've never done anything else wrong in my life and dont intend to! I worried for 3 weeks about getting my visa, so dont worry! Adam Link to comment Share on other sites More sharing options...
Guest edandvic Posted July 14, 2011 Share Posted July 14, 2011 I received conditional discharge after theft from employer when 18 and £200 fine for possession of class B controlled substance when 21. I was asked to provide explanation, which I did (young & dumb basically). The police certificate (ACRO) actually listed these & I supplied to immigration ever though they didn't actually ask. Awaiting decision now. Presumably, as these were >10years ago, there will not be a problem but will let ppl know... For the record (excuse the pun): A conditional discharge becomes an absolute discharge after the term (up to 3 years) has passed w/o breach. An absolute discharge does not constitute a 'conviction' (pursuant section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 [4] and R v Patel [2006] EWCA Crim 2689). Link to comment Share on other sites More sharing options...
_shel Posted July 14, 2011 Share Posted July 14, 2011 I received conditional discharge after theft from employer when 18 and £200 fine for possession of class B controlled substance when 21. I was asked to provide explanation, which I did (young & dumb basically). The police certificate (ACRO) actually listed these & I supplied to immigration ever though they didn't actually ask. Awaiting decision now. Presumably, as these were >10years ago, there will not be a problem but will let ppl know... For the record (excuse the pun): A conditional discharge becomes an absolute discharge after the term (up to 3 years) has passed w/o breach. An absolute discharge does not constitute a 'conviction' (pursuant section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 [4] and R v Patel [2006] EWCA Crim 2689). That may be true but it's irrelevant when getting an enhanced CRB OR applying for immigration as it will show up on the certificate. Hope you get on fine though. Shouldnt imagine a problem. I have several juvenile convictions and got my visa just fine. So long as you showed rehabilitation in your letter to them you should be ok. Link to comment Share on other sites More sharing options...
Guest edandvic Posted July 14, 2011 Share Posted July 14, 2011 That may be true but it's irrelevant when getting an enhanced CRB OR applying for immigration as it will show up on the certificate. Hope you get on fine though. Shouldnt imagine a problem. I have several juvenile convictions and got my visa just fine. So long as you showed rehabilitation in your letter to them you should be ok. It did show up on the certificate as 'conditional discharge 12 months' as you state. Furthermore, as the Certificate doesn't distinguish between convictions/warnings/cautions etc, the fact that 'technically' it isn't a conviction is unlikely to influence their decision a great deal. I thought I'd include in my explanation though - 1 conviction just seemed better than 2. Link to comment Share on other sites More sharing options...
Guest edandvic Posted July 15, 2011 Share Posted July 15, 2011 VISA was granted! :wink: Link to comment Share on other sites More sharing options...
Guest thechamp Posted August 11, 2011 Share Posted August 11, 2011 Guys I need some urgent advice I have an outstanding warrant for drink driving and just about to go through the 457 process. Will a warrant show up on my police check?? I am very worried Link to comment Share on other sites More sharing options...
_shel Posted August 11, 2011 Share Posted August 11, 2011 Guys I need some urgent advice I have an outstanding warrant for drink driving and just about to go through the 457 process. Will a warrant show up on my police check?? I am very worried So you should be worried. Not sure if it shows but imagine it would, but you have to declare this on your application, have you? If you want to apply for PR or citizenship later you will need police checks. Not having declared it previously would harm that application. Link to comment Share on other sites More sharing options...
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