Hi Everybody,

Sue here. My fiance, Barry, is a UK citizen but has lived in Sweden for the last 23 years. He sent off for the ACPO, ( 35 pounds, 10 days) it came back, has NO LIVE Trace, which means there are SPENT charges, so now he has to ALSO send off for the Subject Access to the UK, and THIS costs just a bargain 10 pounds, but takes 40 days to process!....

So If any of you out there think that the ACPO is the ONLY thing you need, you are Wrong Wrong wrong! You will need BOTH!!!!! You have to ALSO get copies of court records.....so b aware!!!

His 'criminal offenses" include library fines from when he was in his 20's...no convictions, no jail, just a fine, if you have anything more than a traffic ticket, so will YOU NEED this Subject Access, so just send for it NOW.

We had our wedding planned for August 2nd, now I hope he might get here just in time for the ceremony!!!!!

We sent in our I-129K in July of 2007-------this has been the longest year of my life!!!!!!!!!

Anybody else out there puting up with anything like this?

Sue, Northern CA

I have just had my interview and Im sure my police certificate said no live trace, and they did not ask for anything else, they approved my visa.

Damian's interview was the beginning of the month and his said no live track and he was approved too. no problems at all.

Damian and Kelly,

My Fiance e-mailed the Immigration officer at the Us Embassy in Sweden. That guy said ABSOLUTley we HAD TO HAVE ALL records concerning this. He said Barry would NOT BE Processed if he did not have all of his Subjects Access and court records. This was also so stated on the forms the Embassy sent him!!!! So Whatever!!!! (CALifornnia slang here, sorry)

So, do you think maybe we should wing it and give it a shot, and see if anybody retches and makes us start over? Barry just sent off for the Subject Access. Waiting another 40 days is disgisting to us.

On the London Embassy site it also says that if you have a No Live Trace that the interview will take longer, and you may be asked to come back again, and that you also had to apply for an extra form.....so none of that happened to you?
Thanks for the post, guys! Barry and I are just so far apart and have not seen each other since last August!!!!!

What London will do with a British police report may be very different than what the Swedish consulate will do.

Follow the instructions for your consulate.

A+++ advice RJ! You took the words away from my fingertips!!!

Thanks julez.

I'm going to move the thread to the Consulate Forum as I think it might be more appropriate there.

hey Everybody, Thanks for writing In!

I Am concerned about those of you who have checked the Box that indicates that you ARE NOT a criminal, but have in fact also received a No Live Trace, and that you think you have therefore Nothing to worry about...think again!


If you check the box Yes, and then are honest, you will have to provide the Subject Access from the UK from the national Police Computer.
It will not take them long to review the paperwork and discer that they may have made a mistake!
I plan on NOT being one that will need to AUDIT AFTER!!

So, this is a warning, so better to be right than Fright!
Damian,

Did you check the box on the 156K that asked you if you have comitted a crime? IF youchecked No, and it came back as No Live Trace, I am surprised that no one caught it.

SO, DID YOU CHECK YES OR NO? If you checked yes, and were truthful, and they still let you in with No Live Trace AND no further Subject Access forms, you were lucky.........

It says that if you omot anything, and they discover it later, then you are sunk!!
So, I will wait for the rest of the Forms and be safe rather than be sorry later after Barry gets here and then they discover their mistake!

And they do check, all the time!

hopefully you guys did not fals ify anything and you will be ok!
Sue and Barry

NO LIVE TRACE
MEANS
THAT YOU HAVE CRIMINAL CONVICTIONS!!!!!!

IF YOU DO NOT CHECK THE BOX ON 156k THAT YOU HAVE THESE CONVICTIONS, THE FACT THAT YOU GOT YOUR INTERVIEW AND GOT YOUR VISA ONLY MEASN THAT THE CONSULATE DID NOT CHECK YOUR APPLICATION THOUROGHLY!!

OOPS!



SUE

I ticked the box no criminal past as this is the case, as I suspect did most of us being totally honest.

I have my ACPO certificate with the real gross picture of me in front of me right now.

It clearly states 'No Trace!'

Does that mean that if a person certificate comes back with No Live Trace that they have a criminal past?

Surely the filer knows that a police check will pick up anything they have done previously?

NO TRACE IS NOT THE SAME AS NO LIVE TRACE...

NO, YOU ARE NOT A RIMINAL

NO TRACE MEASN THEY HAVE NOTING ON YOU

NO LIVE TRACE MEANS THAT YOU HAVE CONVICTIONS, AND THEY ARE SPENT, OR IN OTHER WORDS, TIME HAS PASSED AND THEY ARE
NO DOWNGRADED
BUT YOU ARE OK!!!!

There's no need to shout.

i do not shout i am just excited!!!!
also at work and my caps lock locked!!!!!
no offense meant

OK this is what happens with a "No live trace"
Even though convictions are not listed on the police certificate, have been downgraded or spent, the consular official dealing with your application is advised automaticaly to pass the information that a "No live trace" certificate is on file to the London Fraud Prevention Manager. This is done in every case. The Fraud prevention Manager's office usualy does a quick check to see if there are any convictions which could carry a prison sentence of five years or over or crimes involving "moral terpitude" such as prostitution etc.
The London Fraud prevention Manager's Office can sometimes temporarily pass an application which has a "No live trace" where the convictions are of a minor nature due to their workload, but will review it again later. This is where they will also look at the whole of the application again for discrepancies.
If you have witheld information on any of the immigration forms by not crossing a box or by any other form of omision it is a FEDERAL offence and a felony. The authorities DO take this seriously and if you have witheld any information you will be charged. Usualy people witholding information are caught out when applying for their "green card" as all is checked again especialy employment records, criminal records and marriages and divorces.
If by this time you are in the USA, you will be arrested and possibly deported as it is a felony even if you are married.
You will find that it is better to be honest and declare everything possible rather than have the very real threat of arrest in the back of your mind all of the time.
The US consular officials are not there to give you a hard time, but to check that the information which you give them is of a truthful nature. Contrary to poular belief they will not refuse your visa becuase you have a crminal record listing only minor offences.

I'm just surprised the consular has requested you get a Subject Access as well as your ACPO...it won't show show any more information than what you have already with the ACPO...He should just be able to get his court records which won't take anything like 40 days.

The ACPO says JUSt No Live Trace, and nothing more!!! However, they ask that he remember everything such as dates, places, fines paid...and he cannot remmeber 20 years back when this all took place. It is nothing more than a library fine and one count of threatening behavior, no blows or anything, just a shouting match.

Why so much Fol De Rol over this? I am not sure......I am thinking that if the Subject Access says nothing more, then where do we get any more info? I am at a standstill here!

How does he get court records then, becasue he is about to send off for the stupid 'one more form' tomorrow!!!!


PLUS Swden has no checks no Post Offices and no Money Orders (!!) so every time he has to send off anything it costs him as much as the fee itself for the check!
Goddess!

Sue

Hi Sue,

Don't be concerned with library fines...that isn't remotely 'criminal'. What he needs to concern himself with is any court appearances that resulted in some kind of conviction (that is something he isn't going to forget)....if he went to court following any arrest he needs to contact the Clerk of the court in which his case was heard, and ask a copy of any record held, if they come back and say that there is no record held anymore get them to put that in writing and send to him.

If he never had any court appearances, and he has admitted to arrests/cautions, he could go through the same proceedure at the police station that dealt with this. When the Subject access form arrives he needs to submit it with a written explanation with anything that he remembers about the threatening behavior incident, it is my guess that the subject access will not say anything more than the ACPO...probably less actually.

Good luck!

I was wrong Damian's says "No Trace" not "No Live Trace"

Barry was told by the US Embassy to ask for the Subject Access from the Metropolitan Police. It will have more iformation than the words No Live Trace, which is ALL was on the ACPO report. The PNC report ought to contain the nature of the offense and dates, and then he will have to explain in person. The irritating thisng is that he was asked to only get the ACPO first, and it cost 35 pounds. it was quick, but useless. Now we have to give them 40 days on the outside to process the PNC (.
This just gets better and better. And as as a teacher, I thought I knew paperwork!

Thank you for you help......

Sue and B arry

See, Glad you checked, now you do not have to worry at all!

Barry and I wish you both all the best!

Sue

Sue...The ACPO has merely replaced the subject access form, it is more expensive because having to include a photo and a signature to confirm ID and takes less time...ACPO is not 'useless' as the the subject access is no longer acceptable at least at the Embassy in the UK, which is why he was asked only to get this in the first place...the Subject Access goes through the same process as the ACPO. which really goes back to my main confusion as to why they asked him to get the SA.

Sue and B arry[/quote]
Sue...The ACPO has merely replaced the subject access form, it is more expensive because having to include a photo and a signature to confirm ID and takes less time...ACPO is not 'useless' as the the subject access is no longer acceptable at least at the Embassy in the UK, which is why he was asked only to get this in the first place...the Subject Access goes through the same process as the ACPO. which really goes back to my main confusion as to why they asked him to get the SA.
[/quote]

Ok, then since Barry has in-hand the new Subject Access form and the check to pay for it, what should he ask for? What we need is the detail portion of the report, charges, nature of crimes......and this is the form the Embassy has asked us to use. Barry has checked PNC box, and it goes to the Metro police.........do you have a better idea, becasue if I wait another 40 days and still get no more information, I will go quietly nuts. Also, he seems to think that the court records will take months.

Any help will be apreciated, and I will forward it to Barry

Sue

I asked ACPO to provide an explanation of No Live Trace, this is their reply:-

NO LIVE TRACE - this means that you do have a Police record and
information is held about you on the Police National Computer. This
information does not appear on your Police Certificate as it has been
'stepped down' in accordance with the Retention Guidelines for Nominal
Records held on the Police National Computer. The Retention Guidelines
for Nominal Records can be found on the ACPO and Home Office websites.
It must be stated that although your conviction/s may have been 'stepped
down' they still form part of your criminal history. If asked whether
you have been convicted of a criminal offence, you must declare all
convictions. If your Police Certificate states 'NO LIVE TRACE' and you
have not declared your convictions, you may be asked to explain this
outcome which could delay your visa application.

Yes, and thanks.......It also states on the forms sent to Barry by the US Embassy in Stockholm that he now provide them with adetaile Subject Access, and possible court records....He cannot simply explain as your post suggests--the seem to want proof, and details.

Barry has just sent off for the Subject Access,and he clicked the box that said PNC.......and this is what they said they wanted/.

Just trying to jump through all hoops here.
So you think also that we will have no further info on this form??

This delay and the unknowing of what the forms might/might not say and how to get them the info they want is daunting!

Sue

I used to have access to the PNC for many years but for the life on me I can't recall what details go on the reply to the subject access request in the case of a criminal record being on the PNC.

At the most it will have the date of any conviction(s), the offense(s), the court where the case was heard and the sentence.

The problem with what the Embassy will asked for differs from Embassy to Embassy. He doesn't have to wait for the Subject Access reply to contact the court(s) concerned to get copies of the record there. In fact if it would probably save a fair bit of time not to wait.

My certificate came back with "No Live Trace" because of an minor incident when I was 12 . I couldn't get court records without the exact date so I wrote to National Identification Service, Subject Access Office, Room 331, New Scotland Yard, Broadway, LONDON, S1 0BG. I explained what I needed and why and about 9 days later got a letter which detailed all of the information that the court records would have done (saving me about £40). This letter was accepted by London Embassy who did query the "no live trace" at my interview. You have a much better chance if you are totally honest - in my case it delayed things by a week or two.