Guest Clan Fortune

Breach of the Peace

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    Guest Clan Fortune

    Hi all,

     

    Can anyone tell me if having a breach of the peace on record will affect my application for a visa? My other half had a daft incident on a night out resulting in getting charged with breach of the peace 6 years ago. I was told it won't but now I'm about to submit my application I'm a bit worried. Can anyone offer advice?? Thanks.

     

    Elizabeth x x x

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    Hi Elizabeth

     

    I also had the unfortunate fate of being done for breach of the police after celebrating a friends birthday over enthusiastacaly. It will be recorded on your OH's Criminal record but as it is a minor offence should not affect your Visa prospects especialy if it is the only blemish.

    Good luck with your application.

     

    Alan

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    Guest The Dimmocks

    My hubby got arrested twice, once when he was 16 for writing in a bus stop and second time, he fell asleep outside a night club (drunk) and was woke by police, dont think hubby appreciated being woken up so may have said a few bad words and he got a arrested and spent the night in the cells. No charges were made but they showed up on his police check sheet.

     

    Neiter affected our application but case officer was keen to know why we hadnt declared them.

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    Guest cornish Busdriver

    It shouldn't affect it.

    I got arrested a few times when I was younger.

    I just declared everything and I was ok

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    Guest Clan Fortune

    Other half dropped a bombshell, he forgot he had been charged when he was 17 with driving without a licence, insurance, tax and MOT. I could throttle him, he forgot because it was so long ago(over 20yrs ago) and now I am really worried. Worst case scenario, he'll get ditched and I'll go without him LOL. Don't suppose this will be removed from his record??

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    Guest cornish Busdriver

    That was 20 years ago and as long as he has been a good boy since then you should be ok

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    Other half dropped a bombshell, he forgot he had been charged when he was 17 with driving without a licence, insurance, tax and MOT. I could throttle him, he forgot because it was so long ago(over 20yrs ago) and now I am really worried. Worst case scenario, he'll get ditched and I'll go without him LOL. Don't suppose this will be removed from his record??

     

    Hi there

     

    If you throttle your OH, you'll be had up for murder and you probably won't get a visa for Oz, so I do not recommend this course of action!

     

    The best course of action is to get a police check from ACPO for your OH and do this BEFORE you apply for the visa. Then you can make sure that he is right about the dates, the exact convictions and so on.

     

    If you do as I suggest, in your visa application you will then declare eveything shown on the ACPO check and you can include a covering letter from your OH, explaining exactly what he did to attract the convictions, expressing his remorse about it etc. You can also submit the police check at the same time as submitting the visa application because this is much the quickest way of sorting everything out.

     

    Nothing gets removed when an ACPO check is required. The concept of "spent convictions" does not apply to Aussie Immigration Law, so the type of police check that DIAC require reveals absolutely everything including mere cautions.

     

    The stuff that you have described is not sufficiently serious that it would prevent the grant of the visa, but it will save time if you tackle the whole thing in the way that I have described. You can get him another police check later on, when you are asked for those plus the meds, so getting the extra police check now won't affect the timing of when you move to Oz. It will merely avoid delay with getting the visa.

     

    Cheers

     

    Gill

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    In relation to a breach of the peace, this is what you get arrested for ...To prevent further breach of the peace. When it happened you may have been taken to the custody suite or even removed to another location, however you will never have been charged with this offence. It is merely a common law offence to assist the police in dealing with those who haven't really committed an offence but they need to move on... For fear that to leave them would be a problem and something may kick off. A mere tool supplied by law. If you were arrested for this the arrest will show up but if you were just moved on to another location, there will be no history of it on your record.

     

    Mind you what happened 20 years ago should not have an effect on your visa, you'd like to think!!!!

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    Guest Clan Fortune

    Thanks all for the fab advice.

     

    I've sent for the police check already but the processing times might mean I need to lodge the visa application before I receive it through. I've just put a note on the application explaining I am waiting confirmation regarding the details and I shall forward asap. Do you think this will be ok?

     

    I shall get hubby to write a letter of explanation. It makes sense what demewoods explained as regards breach of peace, a friend in my hubbys company was assaulted on a night out and things went a bit mad and everyone was arrested.

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