How Can I Get My Caution Removed From Pnc

[alanwong]

I had a simple caution due to an argument with my wife. I believe I am innocent. I accepted the caution without fully understanding its after effects.
Some may argue that I was informed of the consequences. Yes, I was. But as you may imagine, we can not fully understand a lot of things unless we go through it.
For example, I was informed that the caution will impact permanent residency at some countries (but not UK), and the caution will exclude people from working with vulnerable people.
I am not a UK citizen. When I accepted the simple caution, it did not affect my UK immigration status. A simple caution was not even considered in the assessment of good character. However from 13th December 2012, a simple caution will lead to mandatory refusal of permanent residency application. The immigration rule applies retrospectively. Regarding the vulnerable people, young apprentices who are taller than me are also included, which is something I originally did not expect.

Having said so much, I want to talk about my case now. For those who have experience or knowledge, could you please give me some ideas? I will greatly appreciate your input.

1. my arrest was inordinate.
I had an argument with my wife. My wife called a helpline to find someone to talke to. The lady on the other end of the phone asked to speak to me. I talked to her and she asked for my name and address. My wife grabbed my phone and switched it off before I could finish. After a while two policemen came. I opened the door and thought that the policemen came to mediate between us. They separated me and my wife (with two kids). The policemen asked what happened. The police with my wife asked my wife to authorise him to arrest me. My wife clearly said no. But the police assured my wife that he had to take me to the police station to investigate and it would not do any harm to me and I would come home quickly. I was then arrested.
2. my behavour does not constitute a battery.
The offence of my simple caution is battery.
According to section 39 Criminal Justice Act 1988, a battery is committed when a person intentionally and recklessly applies unlawful force to another.
The only body touch between me and my wife was my pulling and slapping her arm. I did not want to listen, when she was complaining about me. I wanted to go out and she did not want me to go out. So she stood in front of the door. I pulled her arm and slapped it once in the struggle with her. I did not pull or slap her arm recklessly. I never acted recklessly to anyone. All my intention was to get her away from the door so that I could get out.

My question is, according to my above statements, is there any chance for me to convince relevant people in the police that my case is exceptional and my caution should be removed from PNC records?

[bednobs]

i don't think you can say "most". It's absolutely fine not to say where you are from of course.
When i said "benefits" i was talking of the rights and privileges of living in the UK as opposed to monetary benefits. As it seems unlikely i or anyone else will be able to change the outcome for you, i part with this: look on the bright side - your children will have the chance to experience another culture/perhaps language (depending on where you are from) and understand fully their heritage and culture, by living there. They may even like being in your home country more. While this is certainly an upheaval for all of you, as it is going to happen you perhaps could see it as an opportunity for all of you.

[alanwong]

Dear bednobs, my salary is highly above UK national average. I did not claim any benefit, and I paid four years overseas fee. I think I can say that my financial contribution is more than most people in this country.
Regarding benefits, yes, I agree with you. I mainly enjoy those non-monetary benefit.

The rest of what you said is something I have in my mind to comfort myself.

[EDDIE51]

You need to contact a specialist immigration lawyer, there are plenty of them around. I do not think a simple caution will have the far reaching consequences you fear. You have a family here, the Human Rights act gives people the 'right to a family life' . There are people who have done far far worse than you yet can still remain in the uk.

[alanwong]

Dear EDDIE51
Thanks for your comfort. I will try any possible means before I give up.
Once I have tried, whatever the results, I will not regret.
Finally I appreciate the input of everyone. Thanks you all for your input.

[zataak]

Hi Alan/All,

I have been given the same simple caution for the same reason an year ago. Now I am applying for ILR next week. Can you please tell me what was the outcome of your application? Did you get the ILR? Also, should I disclose this simple caution in my ILR application or should i state it in a cover letter?