Client Portal
+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
  • Forums
  • Temporary Entry to Canada
  • International Students

Study Permit with UK Caution

M

Myan14

Member
Dec 25, 2018
12
0
Hello!
I’m currently an undergrad student in the UK (but not a UK citizen, I’m Bulgarian), and earlier this year I was given a police caution for Sexual Activity in a public place (for which I am very embarrassed). I was NOT arrested, convicted, or charged, and I was told it was a summary offense. Also, there was no danger of anyone witnessing, it occurred behind a closed door. In 2019 I want to apply for university in Canada, and I’m worried if this caution will prevent me from obtaining a Study Permit. Please, if you have any advice or thoughts, or have experienced anything similar, help me out, as I am very worried at the moment.
Thank you!
 
selvakk

selvakk

Champion Member
Nov 28, 2018
2,414
529
Myan14 said:
Hello!
I’m currently an undergrad student in the UK (but not a UK citizen, I’m Bulgarian), and earlier this year I was given a police caution for Sexual Activity in a public place (for which I am very embarrassed). I was NOT arrested, convicted, or charged, and I was told it was a summary offense. Also, there was no danger of anyone witnessing, it occurred behind a closed door. In 2019 I want to apply for university in Canada, and I’m worried if this caution will prevent me from obtaining a Study Permit. Please, if you have any advice or thoughts, or have experienced anything similar, help me out, as I am very worried at the moment.
Thank you!
Click to expand...
From what I'm seeing about Police cautions it looks to have more effects on you applying for a job or a visa abroad. Please read this article as the author seems to be in a similar situation to yours.

http://www.the-record.org.uk/unlock-people-with-convictions/is-a-caution-really-a-slap-on-the-wrist-not-if-you-need-a-police-certificate/
 
M

Myan14

Member
Dec 25, 2018
12
0
selvakk

selvakk

Champion Member
Nov 28, 2018
2,414
529
Myan14 said:
Thank you for your response! Does this mean that it wouldn’t impact my chances of receiving my study permit for Canada?
Click to expand...
I'm afraid since to get a police caution you would have to admit to being guilty of the offense even if you were not convicted and charged and since it is in your DBS certificate and we don't know if the Canadian border officials have access to this information. You have admitted to the guilt of the offense and since this is part of your criminal history you would have to declare that you have got a police caution and accepted guilt to the offense.

If you mention as such when they ask for your criminal history during the study permit application then you will have to mention that and will have to mention in your statement of purpose of how you have learned from your mistake and you intend to stick by the law from now on ( having sex in public in view of others is also a crime in Canada ). Assuming the visa officer is satisfied with your explanation and given that it isn't a very grave offense like a robbery or a murder then you should be allowed to get a study permit.

If you don't mention it and the border officials are able to access your records then most likely you will be deported back to your home country or the UK if you still have legal status there. Border officials don't tolerate people who lie about such things.
 
M

Myan14

Member
Dec 25, 2018
12
0
selvakk said:
I'm afraid since to get a police caution you would have to admit to being guilty of the offense even if you were not convicted and charged and since it is in your DBS certificate and we don't know if the Canadian border officials have access to this information. You have admitted to the guilt of the offense and since this is part of your criminal history you would have to declare that you have got a police caution and accepted guilt to the offense.

If you mention as such when they ask for your criminal history during the study permit application then you will have to mention that and will have to mention in your statement of purpose of how you have learned from your mistake and you intend to stick by the law from now on ( having sex in public in view of others is also a crime in Canada ). Assuming the visa officer is satisfied with your explanation and given that it isn't a very grave offense like a robbery or a murder then you should be allowed to get a study permit.

If you don't mention it and the border officials are able to access your records then most likely you will be deported back to your home country or the UK if you still have legal status there. Border officials don't tolerate people who lie about such things.
Click to expand...
Thank you! I was worried because it says that one requirement is to not have a criminal record, but I was wondering if it was black-and-white (i.e no permit if there is anything at all on your record), or if it was still possible to get the permit if the offence was a minor one and there was no arrest or conviction, for example.
 
selvakk

selvakk

Champion Member
Nov 28, 2018
2,414
529
Myan14 said:
Thank you! I was worried because it says that one requirement is to not have a criminal record, but I was wondering if it was black-and-white (i.e no permit if there is anything at all on your record), or if it was still possible to get the permit if the offence was a minor one and there was no arrest or conviction, for example.
Click to expand...
No, you must provide the details, since your offense is nothing major it should not be an issue. Having such a black and white policy would probably break some UN treaty somewhere.
 
You must log in or register to reply here.