travelling abroad with a spent police penalty - please help

[justme1]

Hi,
i posted on here a while ago about havin been given a police penalty fine of �80 and an on teh spot caution (whatever that menas) for theft. I've paid the fine and as far as I knew that was it..the only time it will cause me problems is if anything happens again or if I try to become a teacher (by teh crb disclosures it may not happen) Anyway, my family would like to holiday in either Canada or the USA this summer and I'm worried if I'll be allowed into the country with what has happened....I've tried finding info from embassy but am not having much joy..does anyone know or have any advice for this? I know that if i wanted to work over there it may cause problems but this is just a family holiday?

[Ethel]

"Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records......"

http://london.usembassy.gov/cons_new/visa/niv/ vwp3.html

"Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa"

http://london.usembassy.gov/cons_new/visa/niv/ add_crime.html

I suggest you phone the Embassy to be absolutely sure of your position.
0207 499 9000

If you can't enter on the VWP it can take 6 months for your application to be processed.

[justme1]

sorry just to clarify, i did not get arrested, i was given an on the spot fine and caution if that helps

[Ethel]

Travel abroad and immigration
"43. Countries requiring foreign nationals to obtain entry visas may require applicants to declare cautions on their application forms or at interview. Their immigration rules may mean that a person who has received a simple caution is refused entry as though he / she has a criminal conviction. This will vary from country to country and may apply to people who want to emigrate permanently or those who simply want to visit for short term purposes, such as on business, for a holiday or to study."

http://www.homeoffice.gov.uk/about-us/publicat ions/home-office-circulars/circulars-2008/016- 2008/


Where were you given the caution? At the police station?

[justme1]

no the caution was given on the spot exactly the same as the fine. i checked the visa application and it asks for arrests or convictions to be declared i think so im stil unsure

[Ethel]

Phone the Embassy. And let us know. :)

[Buenchico]

From the Home Office website:
"Penalty notices are not the same as criminal convictions".

Source:
http://www.homeoffice.gov.uk/anti-social-behav iour/penalties/penalty-notices/

You have not been arrested. You have not been convicted. Hence you're eligible to enter the USA under the Visa Waiver Program (by applying for an ESTA) and you're equally eligible to enter Canada without the need to apply for 'rehabilitation' of a conviction.

Stop worrying. Enjoy your holiday.

Chris

[justme1]

so whats this conviction thing all about and so i wont need to write anything on the forms?thanks for your help ppl

[Buenchico]

Thanks for your reply.

The only form you need for the USA is this one (which you must complete online before travelling there under the Visa Waiver Program):
http://tinyurl.com/qmnoje
(Click 'Apply', in the left-hand column. You can lawfully, and truthfully, answer 'No' to any questions about arrests or convictions).

There are no similar forms for entry into Canada. But if immigration officials ask you any questions about whether you've ever been arrested, or convicted of an offence, you can again lawfully and truthfully answer 'No'.

Chris