# Simple Caution



## dhanunjayakumar (Apr 24, 2013)

Hi everyone,
Hi,




I got a Simple Caution in UK due to breaching immigration law in Deception submitting falls documents and obtaining Visa in 2010 but the caution was issued on 2013 and me and my wife are planning to apply for Permanent residency in Australia and My wife as Main applicant, also I am not claiming any points for obtaining the Visa.

I need a some one to suggest / answer me with few questions.

1) Do we get the Visa?
2) Do I need to apply separately after my wife got PR.
3) Do we need to mention the Caution.
4) Does PCC obtained will show up with the Caution?


If any one could hlep us with this would be very useful.

Thanks.


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## Guest (Aug 20, 2013)

Yes it will show up on the PCC and you are asked about previous visa refusals. It is also something th UKBA will share with DIAC if you do not so hiding it is not an option. To hide it is worse than the offence as it shows bad character and you could fail the character test. 

You do not need to apply separately because your wife would still have to name you as her husband so she would still be placed under scrutiny as they check family information as well even if not migrating. 

It may lead to all your documents and claims being under greater scrutiny and more checks but if everything is genuine you should be fine.


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## nuked (Jan 7, 2013)

dhanunjayakumar said:


> Hi everyone,
> 
> I was issued a simple Caution 2 months ago in UK, me and wife are thinking of applying for Australian PR, me as dependent and my wife is the main applicant, also I am not claiming any points for obtaining the Visa.
> 
> ...


1/ Its difficult for anyone here to confirm if you will get a visa or not, the decision rests with the CO, for what offense did you receive a caution, if you don't mind sharing?

2/ I don't think you should apply separately, if you are primary application then your wife can be your dependent app, or vice versa.

3/ Yes you must mention the caution, CO finding it out later during checks may lead to cancellation of visa or probably a ban on applying for a certain period.

4/ I just did a simple google search for caution, didn't know what it was, and came up with following link, https://en.wikipedia.org/wiki/Police_caution



> The aims of the formal police caution[4] are:
> 
> to offer a proportionate response to low level offending where the offender has admitted the offence;
> to deliver swift, simple and effective justice that carries a deterrent effect;
> ...


Do check the bold point, which might mean YES it will turn up on your Police Check.

Hope it helps, you might need to consult a MARA agent if you are up for a professional advice.

Regards,


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## dhanunjayakumar (Apr 24, 2013)

Hi,

Thanks for providing me the info.

Reason I got Cautioned is Breaching UKBA immigration rules in obtaining the Visa in 2010, they got me when I tried to renew my visa in 2013 and at that time I am not breaching any rules, so I got a refusal for the current application and I am not allowed to apply a Visa to UK for 1 year.

Hope you can provide me with more information.

Thanks,

DJ.


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## nuked (Jan 7, 2013)

dhanunjayakumar said:


> Hi,
> 
> Thanks for providing me the info.
> 
> ...


I suggest you speak with a Registered MARA Agent for a professional advice on your case.

Regards,


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## dhanunjayakumar (Apr 24, 2013)

Ok Great Thanks,

But if you do know any MARA agent in Melbourne area which would help.

Thanks.


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## kratos (Dec 11, 2012)

dhanunjayakumar said:


> Hi everyone,
> Hi,
> 
> 
> ...


Was this a case of Tier1 visa? 
Reason is I came across 3-4 cases of your type who got their tier1 visa in 2010 & when they tried to renew in UK they got caution or banned permamnently from applying a visa in UK

I collegue of mine falls in the above category,his wife was Aus PR ,when he filed for dependent visa he was refused as the caution surfaced in the UK PCC.Poor wife is now fighting the case on humanitarian basis.


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## dhanunjayakumar (Apr 24, 2013)

kratos said:


> Was this a case of Tier1 visa?
> Reason is I came across 3-4 cases of your type who got their tier1 visa in 2010 & when they tried to renew in UK they got caution or banned permamnently from applying a visa in UK
> 
> I collegue of mine falls in the above category,his wife was Aus PR ,when he filed for dependent visa he was refused as the caution surfaced in the UK PCC.Poor wife is now fighting the case on humanitarian basis.



Yes mine is a Tier 1 visa in 2010 and I was been refused on the basis that I cannot apply for UK for 1 year period as I travelled back with my own expenses.

So from the above reply I cannot get the Visa for Australia even as a Dependent?


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## kratos (Dec 11, 2012)

dhanunjayakumar said:


> Yes mine is a Tier 1 visa in 2010 and I was been refused on the basis that I cannot apply for UK for 1 year period as I travelled back with my own expenses.
> 
> So from the above reply I cannot get the Visa for Australia even as a Dependent?


Primary or dependent, you have to clear the charater test/PCC

The decision would depend on the CO which is again on case to case basis.You should get opinion from some MARA agent preferable from UK as he might be aware of similar cases.


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## Guest (Aug 20, 2013)

Visa fraud is not taken lightly and can mean you will be denied. I wouldn't apply without using an agent.


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## dhanunjayakumar (Apr 24, 2013)

_shel said:


> Visa fraud is not taken lightly and can mean you will be denied. I wouldn't apply without using an agent.


Ok Thanks for your help and will speak to an agent.


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## dhanunjayakumar (Apr 24, 2013)

Thank you all for your help.


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## dhanunjayakumar (Apr 24, 2013)

Hi Kratos,

Hope you remember me or this Thread? Can you please let me know what was the situtation with your friend who had similar situation or if you can pass on the Contact details which would be great.

my Email address is [email protected]




kratos said:


> Was this a case of Tier1 visa?
> Reason is I came across 3-4 cases of your type who got their tier1 visa in 2010 & when they tried to renew in UK they got caution or banned permamnently from applying a visa in UK
> 
> I collegue of mine falls in the above category,his wife was Aus PR ,when he filed for dependent visa he was refused as the caution surfaced in the UK PCC.Poor wife is now fighting the case on humanitarian basis.


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