UK Police Caution - Spouse sponsering to Canada

[timbittim]

Hello I was wondering if someone could give me a hand,

I was arrested and cautioned for battery back in 2013.

My wife and my son are both Canadian Citezens and also hold U.K. passports.

I am born British. We got into an arguement and it became physical. It was early years of our marriage and we both were stressed. I simply grabbed her and pushed her back as I was being pushed constantly. As it was a 1 bedroom apartment there wasn’t really any other room to go to as my son was asleep in the bedroom.

My wife called the police in anger and told me to leave as she did not want me to get arrested but to only scare me and did not think it would be this serious.

Now we have been married for almost 10 years and there has never been an incident like this again, I do not have any convictions or charges or any other cautions it was all heat of the moment.

I can’t remember if it asks on the form whether I have been arrested and detained but I know I was arrested but was I detained? I was in the cell for less than 24 hours as legal aid was not available right away but I was free to go after I admitted putting my hands on her and pushing her.

Do you see this as an issue for when I send off my application for sponsorship?

Should I write down what happened l? My police report says battery - caution. I have one more year before this is removed but need to apply for sponsorship now as my family want me in Canada

 

[Schehrazade]

Hello I was wondering if someone could give me a hand,

I was arrested and cautioned for battery back in 2013.

My wife and my son are both Canadian Citezens and also hold U.K. passports.

I am born British. We got into an arguement and it became physical. It was early years of our marriage and we both were stressed. I simply grabbed her and pushed her back as I was being pushed constantly. As it was a 1 bedroom apartment there wasn’t really any other room to go to as my son was asleep in the bedroom.

My wife called the police in anger and told me to leave as she did not want me to get arrested but to only scare me and did not think it would be this serious.

Now we have been married for almost 10 years and there has never been an incident like this again, I do not have any convictions or charges or any other cautions it was all heat of the moment.

I can’t remember if it asks on the form whether I have been arrested and detained but I know I was arrested but was I detained? I was in the cell for less than 24 hours as legal aid was not available right away but I was free to go after I admitted putting my hands on her and pushing her.

Do you see this as an issue for when I send off my application for sponsorship?

Should I write down what happened l? My police report says battery - caution. I have one more year before this is removed but need to apply for sponsorship now as my family want me in Canada

You cannot and should not lie/ hide anything on your application. Needless to say, you will be caught and be banned for 5years for misrepresentation. My two bits are that you attach a letter of explanation stating all that happened. Your sponsor, ie, wife could write one too. If you really want none of this on file then I suggest you wait the year out. If not, send a full explanation along with your application.

 

[LifeDreamer]

Your admission of guilt counts as a conviction but the effect of a caution is that it is spent immediately. Canada does recognize UK's rehabilitation laws in minor cases like yours, so there is a possibility that you are admissible. If you are not admissible you still have the option is to submit a TRP application since your wife and son are Canadians you will definitely be approved.

There is one important matter here though:
Were your wife a Canadian citizen or PR at the time this incident happened?

 

[canuck_in_uk]

You cannot and should not lie/ hide anything on your application. Needless to say, you will be caught and be banned for 5years for misrepresentation. My two bits are that you attach a letter of explanation stating all that happened. Your sponsor, ie, wife could write one too. If you really want none of this on file then I suggest you wait the year out. If not, send a full explanation along with your application.

Waiting one year wouldn't matter. OP would sill need to declare the arrest.

 

[Schehrazade]

Waiting one year wouldn't matter. OP would sill need to declare the arrest.

Yes for sure but i think after five years one does become admissible. Complete honesty is the only policy.