# Criminal record spouse visa



## stuckin (Feb 22, 2013)

Hello 

can someone please explain me teh difference between 'an adult warning' issued in scotland and a caution?

I was not taken to police station or charged with anything, 

the incident happened in a retail store whre i was accused of shoplifting and police was called, they spoke to me and allowed me to go as i was very apologetic at that time, it just happened by genuine mistake

now do i have a criminal record?

thanks


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## Joppa (Sep 7, 2009)

stuckin said:


> Hello
> 
> can someone please explain me teh difference between 'an adult warning' issued in scotland and a caution?
> 
> ...


_A formal adult warning is given by the police to an adult for an offence. Formal warning schemes are operated by all police forces in consultation with the local procurator fiscal. A letter is sent to the person, who then has 28 days to respond to it by either accepting or refusing the warning. If the person refuses the warning, then the case will be reviewed again by the police to decide on any further action. The case may also be referred to the procurator fiscal. 

Formal warnings will be recorded for a period of 2 years by the Scottish Criminal Records office but they do not count as a conviction._
https://www.askthe.scottish.police.uk/Content/Q562.htm

You should declare and let the UKBA decide whether it's a criminal record or not. If you don't disclose and they find out by doing checks on you, you may be accused of dishonesty and can be banned from UK for 10 years.


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## stuckin (Feb 22, 2013)

hi, i have submitted my application 

can i do anything now?


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## Joppa (Sep 7, 2009)

stuckin said:


> hi, i have submitted my application
> 
> can i do anything now?


Send an email to whoever is processing application with new information?


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## stuckin (Feb 22, 2013)

Joppa said:


> Send an email to whoever is processing application with new information?


I have just submitted the form, haven't got acknowledgement letter 


the visa form asks 
10.1 have u or any dependants who are aplying with you been convicted of any criminal offence in uk or any other country?

as per that excerpt from 'ask the police' database it suggests it is Not a conviction

so my answer here should be No?

10.3Do you or any dependant who are applying have any civil judgement against you or any civil penalty under uk immigration act?

i quite not understand this question, i was never taken to police station, never charged of a crime, no handcuffs and never paid any fine of any kind

should my answer be NO to this?

thanks


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## Joppa (Sep 7, 2009)

Civil judgement is something different, like you owe someone money and they take you to court to force you to pay back.

It's not criminal conviction but is recorded with Scottish criminal record bureau. In situations like this, I tend to play safe and declare, and if it isn't of interest to UKBA they will ignore it, and if it comes up when they do checks on you, at least you didn't try to hide.


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## stuckin (Feb 22, 2013)

i m very scared now, i know it is in police database as per that letter, but i dont know what to do now  

worried to death

but can homeoffice reject my application under the grounds that i did not declare 'conviction'

i understand ur part that it would be safe to declare but just for my peace of mind, it wasnt a mandatory thing to be declared, was it?

i m going to die with stress


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## Joppa (Sep 7, 2009)

stuckin said:


> i m very scared now, i know it is in police database as per that letter, but i dont know what to do now
> 
> worried to death
> 
> ...


Nobody really knows, but it's never good to even give an impression of trying to hide the truth. You did something wrong and you received a formal police caution. Even if it isn't technically a conviction, it will come up when UKBA do background check on you. Can't you just send an email to state you have omitted to mention something, and give brief details? If you don't, you worry yourself to death, and if you do, at least you've acted honourably.


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## stuckin (Feb 22, 2013)

where should i send the email? i dont know any email address for home office


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## Joppa (Sep 7, 2009)

Where are you based? How did you apply and for what?


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## Harun (Jan 27, 2013)

Isn't their a difference of a charge and conviction?

Charge = being arrested and questioned
Conviction = found guilty

?


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## Joppa (Sep 7, 2009)

Yes. Why?


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## Harun (Jan 27, 2013)

You just answered it in the other thread


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## stuckin (Feb 22, 2013)

I m based in England now, the incident n letter was issued in Scotland 14 months ago when I was working there 
Applied via post n for FLR M, married to British national, I m the applicant.


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## Joppa (Sep 7, 2009)

Can you stop posting on multiple threads on the same subject? I will close this thread now.


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