UK Beneficiary criminal record

[EnglishLove 112]

Hello,

 I've asked a question before in regards to the same topic and have gotten mixed answers for the k-1 visa. I've even called multiple immigration attorneys and they won't help until I've paid a $2,500-3,500 retainer. My fiancee has one charge on his record when he was a juvenile for having a knife. I know that UK counts cautions as convictions (which coming from the US is ridiculous to me) but he has two cautions for common assault when he was 14 and then his charge which he received no jail time or fine, only 9 months probation. He then has a caution for common assault in 2012 and then another caution for receiving stolen goods because he bought a motorcycle that was reported stolen. He was able to prove to the officer that he was completely unaware so he wasn't charged but did receive a caution because he was "in possession" of it in 2015. 

My question is, during the interview process, will they let him explain what happened or just look at it and automatically deny? Should I write something up explaining the situation so they are able to reflect back on it once he leaves the interview? I guess I'm hoping for input from filers in the UK that have had similar situations. Thank you! 

[EM_Vandaveer 2,408]

No personal experience, just an FYI: a UK caution is not like a US caution for a minor traffic-related offense. A UK caution includes admittance of guilt so it makes sense it's treated as a conviction (this is basically the same as pleading guilty/no contest in the US).

Edited January 28, 2019 by EM_Vandaveer

[Crazy Cat 41,834]

3 assaults, and more?  Maybe this isn't DIY....maybe it's worth the $2500 attorney.

Edited January 28, 2019 by missileman

[EM_Vandaveer 2,408]

5 minutes ago, missileman said:

3 assaults, and more?  Maybe this isn't DIY....maybe it's worth the $2500 attorney.

Agreed. 4 different counts, sounds like a probable denial for sure. I wonder if a waiver with a UK intending immigrant isn't hard for a USC to do. Why couldn't the USC move to the UK instead? At least there is no language barrier. I good lawyer is needed for a successful waiver, most likely.

[EnglishLove 112]

10 minutes ago, EM_Vandaveer said:

No personal opinion, just an FYI: a UK caution is not like a US caution for a minor traffic-related offense. A UK caution includes admittance of guilt so it makes sense it's treated as a conviction (this is basically the same as pleading guilty/no contest in the US).

Yes I understand this, but working in law, if they didn't got to court and be found guilty of it, then it shouldn't matter. There are many time officers from the US break up a bar fight and simply tell them to knock it off with a warning. That wouldn't show up on their records. From what I've heard from a few people from the UK, it's either they accept a caution or get send to court for it which is almost like coercion in my opinion but I understand that's how the law is the law works there.

[Crazy Cat 41,834]

1 minute ago, Pooley said:

That wouldn't show up on their records. 

But it IS on his record......."Should I write something up explaining the situation so they are able to reflect back on it once he leaves the interview?".......wasted effort imo..

Best of luck in your journey....

[Cryssiekins 976]

54 minutes ago, Pooley said:

Yes I understand this, but working in law, if they didn't got to court and be found guilty of it, then it shouldn't matter. There are many time officers from the US break up a bar fight and simply tell them to knock it off with a warning. That wouldn't show up on their records. From what I've heard from a few people from the UK, it's either they accept a caution or get send to court for it which is almost like coercion in my opinion but I understand that's how the law is the law works there.

From someone’s earlier post, a caution means they plead guilty, which, under common law negates the need for a trial.  It’s essentially waiving the right to a trial because you’ve admitted guilt so it would be a waste of resources to do anything further.  

 

I know $2,500-$3,500 seems like a lot of money, but in the end, if it’s the difference between an approval and a denial, it’s worth it.  

[EM_Vandaveer 2,408]

8 minutes ago, Cryssiekins said:

From someone’s earlier post, a caution means they plead guilty, which, under common law negates the need for a trial.  It’s essentially waiving the right to a trial because you’ve admitted guilt so it would be a waste of resources to do anything further.  

 

I know $2,500-$3,500 seems like a lot of money, but in the end, if it’s the difference between an approval and a denial, it’s worth it.  

Exactly. If you feel you're innocent you don't have to accept the caution. BTW approval is extremely unlikely. I'd wait until denial and if he's told he can file a waiver then hire a lawyer for that.

Edited January 28, 2019 by EM_Vandaveer

[EnglishLove 112]

8 minutes ago, EM_Vandaveer said:

Exactly. If you feel you're innocent you don't have to accept the caution. BTW approval is extremely unlikely. I'd wait until denial and if he's told he can file a waiver then hire a lawyer for that.

Well most of his cautions was when he's a juvenile for fighting and like I've said earlier, they basically force you saying you either take a caution or go to court. You're caught fighting, it would be a waste of money and time to take to court. But I will consult with more attorney's before anything. I've talked to some people who had criminal records for shoplifting and was approved so who knows.

[Wuozopo 4,293]

I would spend my money on a lawyer who specializes in waivers if and when it is denied. That's where you need special skills from a lawyer.  A waiver is not an easy thing to get. Before that, the officer will discuss it at the interview and tell him if he is eligible for a waiver.  I have known people with a CIMT or drug charges they thought would surely doom them get a visa in London. I don't recall any with so many charges. 

 

Clarify the charges--3 assaults and 1 stolen goods. Or is the one with probation a fifth charge?

[John & Rose 7,239]

1 hour ago, Pooley said:

Hello,

 I've asked a question before in regards to the same topic and have gotten mixed answers for the k-1 visa. I've even called multiple immigration attorneys and they won't help until I've paid a $2,500-3,500 retainer. My fiancee has one charge on his record when he was a juvenile for having a knife. I know that UK counts cautions as convictions (which coming from the US is ridiculous to me) but he has two cautions for common assault when he was 14 and then his charge which he received no jail time or fine, only 9 months probation. He then has a caution for common assault in 2012 and then another caution for receiving stolen goods because he bought a motorcycle that was reported stolen. He was able to prove to the officer that he was completely unaware so he wasn't charged but did receive a caution because he was "in possession" of it in 2015. 

My question is, during the interview process, will they let him explain what happened or just look at it and automatically deny? Should I write something up explaining the situation so they are able to reflect back on it once he leaves the interview? I guess I'm hoping for input from filers in the UK that have had similar situations. Thank you! 

Have you tried getting his Police Certificate?  I suggest doing that even if you have to get another one closer to the interview.  If it is clear you have no worries.

[Just Paul 4,595]

4 minutes ago, Pooley said:

they basically force you saying you either take a caution or go to court

Is that different then If I get pulled over for speeding?  I have two options.   I can pay the ticket or go to court.  In court I'm found guilty.  I was speeding.  Why would I want to waste the day and go to court? 

 

Sounds like he was smart enough to take the caution.

 

Too bad it causes issues with immigration.

[Just Paul 4,595]

Just now, John & Rose said:

Have you tried getting his Police Certificate?

^^^^^ This

[EnglishLove 112]

Just now, John & Rose said:

Have you tried getting his Police Certificate?  I suggest doing that even if you have to get another one closer to the interview.  If it is clear you have no worries.

Yes we have. When we first met, he was very forthcoming about his past as he was a bit wild in his teen days. He applied for a new job and had to order a police certificate and it came back saying no criminal record. When we ordered for the visa however, it showed every caution he has had plus his juvenile charge. Besides his one charge and  one other caution, they're all for fighting and only two of those cautions on his adult record and the rest are all when he was 14-16 years old. 

[EnglishLove 112]

4 minutes ago, Paul & Mary said:

Is that different then If I get pulled over for speeding?  I have two options.   I can pay the ticket or go to court.  In court I'm found guilty.  I was speeding.  Why would I want to waste the day and go to court? 

 

Sounds like he was smart enough to take the caution.

 

Too bad it causes issues with immigration.

Exactly!! No different than that or breaking up a bar fight and just getting a warning. I think it's ridiculous but nothing I can do about it. I just really hope that they will let him explain and understand.