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Old Mar 20th 2007, 2:19 pm   #1
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Default Can I emigrate to Canada with a criminal record ?

In 1991 I was convicted of GBH section 20 and malicious wounding. Since then I have got BSc Hons degree, got married and had 2 kids. I pass all the skills requirements and have the correct funds. I have applied for a Federal Skilled Worker visa to become a Permanent Resident. Will I be allowed to emigrate to Canada B.C.

I understand my wife was arrested over 15yrs ago too before I met her, for assault or something, but not sure if that will come up in the Police check, not sure if they check my wifes record.
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Old Mar 20th 2007, 2:30 pm   #2
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Default Re: Can I emigrate to Canada with a criminal record ?

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Originally Posted by sarb44 View Post
In 1991 I was convicted of GBH section 20 and malicious wounding. Since then I have got BSc Hons degree, got married and had 2 kids. I pass all the skills requirements and have the correct funds. I have applied for a Federal Skilled Worker visa to become a Permanent Resident. Will I be allowed to emigrate to Canada B.C.

I understand my wife was arrested over 15yrs ago too before I met her, for assault or something, but not sure if that will come up in the Police check, not sure if they check my wifes record.
all applicants over 18 have to submit a police check. Have you looked into getting a pardon? Do a search on www.cic.gc.ca I seem to recall seeing some info on their site regarding criminal offences.
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Old Mar 20th 2007, 2:37 pm   #3
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Default Re: Can I emigrate to Canada with a criminal record ?

Here is CIC's page on Criminal Inadmissability. That page has a link to another page about overcoming a past conviction. The page on overcoming criminal inadmissability states, "Applications for rehabilitation can take over a year to process."
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Old Mar 20th 2007, 2:37 pm   #4
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Default Re: Can I emigrate to Canada with a criminal record ?

You will have to provide a police check for yourself in due course, if this was not already requested on your initial submission. And your conviction will of course still show up.

Your wife will be required to submit one too.
Being arrested on its own is not relevant - was she actually convicted of an offence? - that will also show up on her police check.

Can't help with info on the 'pardon' side of things, although your offence is not exactly a minor one ... . You might be wise to seek further advice on the immigration forum, or from a consultant.
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Old Mar 20th 2007, 2:44 pm   #5
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Default Re: Can I emigrate to Canada with a criminal record ?

Make them "spent" convictions under the rehabilitation of offenders act before you go near a police check.
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Old Mar 20th 2007, 3:47 pm   #6
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Default Re: Can I emigrate to Canada with a criminal record ?

I guess the first step is to obtain a police check and then decide from there whether I have admissiability and if not review my options. all your comments show that I shouldnt hang around and should act now, considering it takes approx 12mths to process. Considering I have just sent in my Skilled worker visa forms I may as well start now.
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Old Mar 20th 2007, 3:54 pm   #7
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Default Re: Can I emigrate to Canada with a criminal record ?

I have found the police check form on the canada.org website. Does anyone know what i do with it after i have filled in one for myself and one for my wife. Do i take it to my local police station? How long is it valid for. Can i do it now and then send it to the embassy when requested, or is it likely to run out after a certain period, if its a small cost I am not worried. Just want to ensure that if i need to do something for admissability I have the time to do something about it now.

Last edited by sarb44; Mar 20th 2007 at 3:58 pm.
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Old Mar 20th 2007, 4:00 pm   #8
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Default Re: Can I emigrate to Canada with a criminal record ?

Actually, you need to get the 'Subject Access' form from the police station and fill that out instead.
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Old Mar 20th 2007, 4:01 pm   #9
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Default Re: Can I emigrate to Canada with a criminal record ?

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Originally Posted by sarb44 View Post
I have found the police check form on the canada.org website. Does anyone know what i do with it after i have filled in one for myself and one for my wife. Do i take it to my local police station? How long is it valid for. Can i do it now and then send it to the embassy when requested, or is it likely to run out after a certain period, if its a small cost I am not worried. Just want to ensure that if i need to do something for admissability I have the time to do something about it now.
Hi Sarb

We just completed the police check forms and took them to the local police station paid the money and waited for them to get back to us - prob took 3-4weeks. The Police checks are valid for 12 months I think.

Gaynor

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Old Mar 20th 2007, 4:12 pm   #10
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Default Re: Can I emigrate to Canada with a criminal record ?

Thank you very much. The incident wasn't commited in my town and I now no longer live in that original town, so do you think going to my local police station will be sufficient.
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Old Mar 20th 2007, 4:15 pm   #11
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Default Re: Can I emigrate to Canada with a criminal record ?

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Thank you very much. The incident wasn't commited in my town and I now no longer live in that original town, so do you think going to my local police station will be sufficient.
Would think so as they send them to the chief admin site of the police force

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Old Mar 20th 2007, 4:23 pm   #12
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Default Re: Can I emigrate to Canada with a criminal record ?

Your conviction was serious- grievous bodily harm with intent . I would suspect that you would not be allowed PR but what was your punishment- did you spend any time in prison and if so how long is it since you have been out. If you have moved on successfully for a substantial period that will be a positive aspect of your life and may be beneficial. Was your partner convicted of assault too or only arrested? The records will be available anywhere.
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Old Mar 20th 2007, 4:40 pm   #13
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Default Re: Can I emigrate to Canada with a criminal record ?

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Your conviction was serious- grievous bodily harm with intent . I would suspect that you would not be allowed PR but what was your punishment- did you spend any time in prison and if so how long is it since you have been out. If you have moved on successfully for a substantial period that will be a positive aspect of your life and may be beneficial. Was your partner convicted of assault too or only arrested? The records will be available anywhere.
A standard record check will (probably?) not reveal any convictions now considered spent under the Reanbilitation of Offenders act, so it shouldnt show up on a standard record search.

If CIC now require CRB checks, like those required for people wishing to work with kids and the like, then spent convictions will appear. Its probably a non issue by now Im guessing? Depends how deep CIC go, or if the standard "subject access" check is the end of their interest.

If in doubt it might be worth contacting the Nacro helpline. Nacro is a crime reduction charity that works with ex-offenders and is able to answer specific queries on good practice in relation to employment and offenders. (T: 020 7840 6464 or Email helpline@nacro.org.uk).
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Old Mar 20th 2007, 4:48 pm   #14
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Default Re: Can I emigrate to Canada with a criminal record ?

The only ask for the subject access form results, but they do also ask if you have any criminal convictions... so they'd need to be declared there.

My guess is that the best course of action would be to talk to an immigration expert, because this clearly isn't a simple application.
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Old Mar 20th 2007, 5:54 pm   #15
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Default Re: Can I emigrate to Canada with a criminal record ?

I was never sent to prison. It was a custodial sentence but my probation officer indicated i was to embark on a BSc Hons degree at university which i completed and therefore gave me a fine and compensation for damages only which were in total about £400.

The canada.org website (http://www.cic.gc.ca/english/visit/conviction.html) states "Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime." It has been about 16yrs so does this mean i am ok.

Last edited by sarb44; Mar 20th 2007 at 6:02 pm.
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