POLICE CAUTION & SPOUSE VISA APPLICATION

[tugs_the_bugs]

Hi,

Thanks for your time and reading my post.

I am Indian citizen and living in India nowadays.

I got married to my wife in September 2011. She is a Canadian citizen. I am applying for spouse visa within one or two week. Almost all documentation and other formalities we have completed very well.

Before that I lived in United Kingdom, during that time I had one caution from UK police. I received police caution in mid of 2009 and it was a very first and simple caution in my life. Apart from this UK police caution I have nothing on my criminal record in any country. I have police clearance certificate from UK police and it states my caution as “Harassment-In fear of violence”. And I have to submit UK police certificate as a part of visa procedure.

I am applying for spouse visa very soon within one or two week and I am very depressed because of my caution thing.

Could you please help me in this matter?

Does police caution will delayed visa application or result in rejection of my application?

Please provide me your useful advice. Your help is greatly appreciated.

Thank you.      

[AmiMarin]

As long as you were not charged for an offence I'm pretty sure it wont have an impact on the application.

[CharlieD10]

Actually, it will impact the application. 

According to the Home Office, a police caution does form a part of a person's criminal record.[6] A caution may adversely affect both employment and travel prospects.[7] A caution may be considered in court in the event of the offender being tried for a similar offence. A caution remains in police records along with photographs, fingerprints and any other samples taken at the time, although cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months).[8] Furthermore, simple cautions normally expire after 5 years whereas conditional cautions expire after the designated conditions are met. However, even after cautions expire, any cautions and the associated crimes may continue to be presented in trials involving the cautioned.
A caution is intended to act as a first official warning and to deter people from getting involved in crime.
As of 2008, the Rehabilitation of Offenders Act 1974 has been extended to cover police cautions, which are thereof considered to be expunged (spent) as soon as they are given.[9]

If the above information from Wikipedia is correct, it would seem that the caution is considered to be spent as soon as it is given.  However, the visa officer assessing the application will still have to consider the equivalent offense under the Canadian Criminal Code and how it will impact his application.