THIS!
It doesn't matter if the arrest, caution, or whatever shows up on the PCC. It's failing to disclose it in the PR application that would be a big problem!
What do you mean by "PC application"? Did you disclose the arrest in your PR application? Sorry, but I don't see where in this thread you've mentioned that; only that you are applying for PR.
It appears you are aiming at an off-topic target. The subject of the query posed by
@TravelBug2023 (the OP) is
an application for the UK police clearance certificate (also variously referred to as "PCC," "PC," and "
police check certificate").
With one exception, you are the only one addressing what needs to be disclosed in the PR visa application, that NOT being a question asked.
That exception is where, in addition to having twice affirmed disclosing the "
caution" in making the application for a police clearance certificate from the UK, the OP further adds they "
will disclose the same in any application moving forward."
Caveat; Purpose of This Post:
I am commenting here to offer some clarifications, mostly because a contested tangent in the discussion above addresses a question that was
NOT asked, not even in regards to the primary subject of the OP's query (the OP's UK police record). In particular,
@TravelBug2023 (the OP) does NOT ask whether or not they should disclose information about the events leading to what appears to have been a brief detention and "
caution" in the UK, but in contrast that appears to be the focus of comments by
@Ponga.
Ordinarily (for the last half dozen or so years anyway) I do not comment on questions about the PR visa application process. However, I do engage in discussions about what constitutes inadmissibility for purposes of Canadian immigration.
So, for example, I am not well acquainted with what particular questions are asked in applications for a PR visa, even though I know the generic background / declaration form, IMM 5669, does NOT ask applicants if they have been "
arrested" -- which is one of the aspects of the discussion that warrants some clarification.
I am NOT at all acquainted with what questions are asked in an application for a UK PCC.
But, again, the OP does NOT ask whether or not to disclose information about the events leading to what appears to have been a brief detention and "
caution" in the UK. And, otherwise, it is clear that in making the application the
OP did disclose those events, and
so has asked two fairly straightforward questions:
-- will that event show on the UK records?
-- will it affect the application for PR?
It looks very likely that the answer to both questions is "NO," this is not likely to show on the OP's UK records (relying here on comments by
@Taran D, which make good sense),
and it is very likely (near certain, relying on the OP's description of events) that
this will have NO negative impact on the application for PR.
What the OP will need to disclose in the PR visa application process is a separate question. Not sure why
@Ponga zeroed in on that (especially since that is not a question the OP posed), but of course I absolutely concur in the observation that a PR applicant needs to truthfully answer background questions related to interactions with law enforcement and criminal charges. That said, I am NOT aware that PR applicants are actually asked, in the application forms, if the have been "
arrested." As I already noted, the generic background / declaration form, IMM 5669, does NOT ask applicants if they have been "
arrested."
There is a question in IMM 5669 for which it appears the OP will need to check [yes], asking the applicant if they have ever "
been detained, incarcerated or put in jail?" Given the OP's description, a truthful answer will be "
yes," BUT nonetheless, it appears most likely this will have NO negative impact on the PR visa application. That is, the OP can answer "
yes," give a brief description, and whether or not this is something that appears in the UK record, it should have (and is likely to have)
no negative impact on the PR application.
Further Observations, Clarifications, with Explanation:
I have recently decided to apply for my PR and have just submitted for my UK police check certificate. The process asks whether I have been arrested, cautioned or convicted.
Now I'm wondering whether that will show on my record, and whether it will affect my PR application.
Whether an event including interaction with law enforcement in the UK "
will show" on your "
record" IN the UK, is of course a matter that depends on how these things are handled in the UK.
It appears that
@Taran D is at least somewhat familiar with how the UK handles similar events, and despite a serious flaw in the reasoning (warranting a caution: one person's experience does not necessarily illuminate how things work or will go for others, even though it might, but that's just a maybe), their conclusion makes good sense. That is, it makes sense (assuming your description of the event is accurate in regards to the essential elements) that there is NOT a UK record of this (no public record anyway).
If it is on your record, will it "affect" your PR application?
Even if this does show on the UK police record, if there was NO conviction, and there are no charges still pending, it is NOT likely, not much at all, that this past event will have any negative impact on a PR visa application. Again, whether it shows on your UK record or not (relying on OP's description of events).
The arrest, in and of itself, needs to be disclosed if any question in the PR application asks if the applicant has ever been arrested.
This is NOT about whatever rules there are in any other country. Are you saying that if a person is arrested, they do NOT have to disclose that to IRCC if asked?
Apart from the OP's query not being about what to disclose in the PR application, there is NO hint, not the slightest suggestion in the comments by
@Taran D, that they or anyone else is suggesting a person does not have to disclose, to IRCC, an arrest, IF asked.
Nonetheless, some further contextual observations and clarifications seem in order:
Actually the law and rules and practices in the country where the events took place have a lot to do with whether there was an offence committed, an arrest made, charges made, or a conviction. But they are not entirely controlling. For example: What is a
caution?
Circumstances resulting in Canadian law enforcement issuing a "
caution" would not, not ordinarily, be something the individual will need to disclose in response to questions asked in PR visa related application forms. If questions are asked otherwise (such as in an interview) for which an honest answer includes disclosure of that event or circumstances, of course the applicant is required to disclose that information.
But it is not the term used that matters. Rather it is the substantive matter itself. Compared to what it means in regards to interactions with law enforcement in Canada, in another country "
caution" could very easily mean some other process. Likewise terms such as "
arrest." Which is probably why, in the generic background declaration anyway, Canada immigration does not ask whether a person was "
arrested," but rather asks if they have been "
detained, incarcerated or put in jail," so that it captures what would be the equivalent of an "
arrest" in Canada but does not depend on what term is used in another country.
I do not know UK law at all. So if I was to address this further, I would do so more generically. But that is a complex subject and a tangent well adrift of the queries raised in this thread.
One of my friend had a similar thing so speaking from experience.
I do not doubt your conclusions. Nonetheless, it warrants emphasizing the caution I mentioned above: one individual's personal experience ONLY illustrates what can happen, illustrating what might happen to another person, BUT it does not necessarily indicate what is likely to happen let alone what will happen to someone else.
The actual law and rules will illuminate far more. It makes sense that a caution "
gets dropped" in the UK, so there is no criminal record if there is no charge filed for five years. And, as your posts otherwise reference, the OP will find out when they get their UK record or clearance.
