JFRV/ARC with prior UK conviction?

Hi all,
I am new to this site so please be gentle :slight_smile:)
In need for some advice. Any help would be greatly appreciated.
I am Taiwanese and my husband is British, we currently live in UK but planning to go back to Taiwan soon.
My husband will need to apply for an ARC. As he is applying as foreign spouse so I know he needs to proved criminal background check. He is 34 now but had a conviction when he was 18 for theft. He received community service. He has not been in any trouble since maybe just one incident of driving without insurance ( he just got pulled up, no court no fine ) and that was completely not his fault but the silly bank and direct debit…
From what I understand he needs to provide police certificate or subject access report. Although the conviction is spent but it will show as no live trace. However I think the basic police record check will show as clean but when I called the embassy they asked for one of the earlier two.
Is it best to apply in Taiwan or UK? Maybe they will accept the basic police report in Taiwan unlike UK? ( therefor I just apply for a visitor visa initially) Or should we just write everything on the application form and hoping for the best???
I feel everything is hanging in the air and this is such important step for us… Stressed. Help…

How is it possible that your husband served his sentence and his crime still appears on this kind of checks?? That’s like punishing a person forever!

He needs to apply for a Subject Access Request in the UK it costs £10 but it can take up to 40 days before you receive it back, then you have to send it off to be legalised and authenticated before you can submit it as part of your application. Don’t stress too much because his record has to be clean for the last 5 years anything before that is discounted, the unfortunate thing is even though the conviction is spent it still shows up on an enhanced CRB and a Subject Access Request.

I know!! It’s like never ending! I guess that’s what the system want though. Warn you off ever making a mistake but I do think its not entirely fair.

Thank you for your response. Does it has to be the subject access report? Is the police certificate not also accepted? Better yet the basic disclosure police report only shoes unspent convictions. would the really not accept that??? ( thats why I thought my chance is better in Taiwan as they are not as familiar with the variation of the UK reports. ( this might be wishful thinking ) :pray:
I know in theory they are looking for mainly the last 5 years but its just a worry I suppose… :aiyo: anyone out there had similar situation please let me know the outcome of your application?? Cheers!!!

Good luck, it’s a pain. I have a stupid small drunk and disorderly from years ago and have the same worry

Thank you for your response. Does it has to be the subject access report? Is the police certificate not also accepted? Better yet the basic disclosure police report only shoes unspent convictions. would the really not accept that??? ( thats why I thought my chance is better in Taiwan as they are not as familiar with the variation of the UK reports. ( this might be wishful thinking ) :pray:
I know in theory they are looking for mainly the last 5 years but its just a worry I suppose… :aiyo: anyone out there had similar situation please let me know the outcome of your application?? Cheers!!![/quote]
The TRO website calls it a subject report, or subject access request, I don’t think they will accept anything else, I agree with you about having to bring up a spent conviction from years ago again and the Taiwan immigration website does say a clean criminal record document for the last 5 years, which means the last 5 years in my book, so something from 16 years ago should be discounted.

Fashionbug620 , hi!

I phoned the TRO yesterday, and they assured me that as long as the police certificate (not the subject access report) has been stamped by the FCO, they will stamp and ‘authenticate’ it…

I believe (and hope) that as long as it has been authenticated by the TRO, that the police certificate will be completely fine in applying for the JFRC in Taiwan, once it’s been authenticated by both FCO and TRO, the report is clearly genuine and legally sound. The police certificate even has your photo on it etc, where as the subject access is just a piece of paper with your name on it… There’s no reason they can’t accept it in my eyes :pray:

But just to be safe, get both the subject access report and the police certificate authenticated. so you have both just in case.

Fingers crossed, , it is a huge worry isn’t it :doh:

immigration.gov.tw/ct.asp?xI … 26&mp=T002 Its a pity you cant get something that just covers the last 5 years as it clearly states in the link 3) The police record(s) shall contain the criminal history of the past 5 years.

DearJaffa cake,
Worrying indeed. I don’t think most people can quite understand the agony of uncertainties.
So I see you are going to apply in Taiwan. Good move. i think we will do that too.
Did you get your police certificate yet. Does it state " no live trace" ?
Apart from getting it authenticated. I believe we will need to have it translated too… How will " no live trace" be translated as??? I wonder…are you finding a lawyer to do that?