Criminal back ground
#1
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Thread Starter
Joined: Sep 2011
Posts: 8
Criminal back ground
Hi there I'm living in Canada on a temporary work visa and applying to permanent residency I do have criminal background 1991 grievous bodily harm sentence to 6 months,2004 dui 12 month ban fine 100 pounds,2005 damage to property fine 250 pounds with these convictions would this stop me from becoming a permanent resident of Canada considering the amount of time that has lapsed and no other convictions since I do have two children that are Canadian citizens would this help also as if I'm found that I can't stay I wouldn't get to see my children any advice welcome
#2
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Joined: Feb 2016
Location: Ontario
Posts: 192
Re: Criminal back ground
I reckon the GBH will prevent you from getting the PR.
#4
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Joined: Feb 2016
Location: Ontario
Posts: 192
Re: Criminal back ground
Did you go to prison?
#6
Re: Criminal back ground
Hi
1. Immaterial that it is spent in the UK.
2. Note that you are probably inadmissible to Canada right now, as Assault Causing Bodily harm carries a sentence of up to 10 years in prison. Person's who have been convicted of an offence abroad that they could have received 10 years imprisonment, cannot be deemed rehabilitated, and must apply for rehabilitation.
2. Note that you are probably inadmissible to Canada right now, as Assault Causing Bodily harm carries a sentence of up to 10 years in prison. Person's who have been convicted of an offence abroad that they could have received 10 years imprisonment, cannot be deemed rehabilitated, and must apply for rehabilitation.
#7
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Joined: Feb 2016
Location: Ontario
Posts: 192
Re: Criminal back ground
I'm sure there are more informed folk on here who can tell you more but if I remember when I did my PR they checked out all the places I'd lived (for more than 6 months) in order to see if I'd had any criminal convictions or time served in prison.
I was told at the time that had I spent any time in Jail then my application would be denied. Not 100% sure if this still applies and you may have a better chance as you have two Canadian citizen children.
I was told at the time that had I spent any time in Jail then my application would be denied. Not 100% sure if this still applies and you may have a better chance as you have two Canadian citizen children.
#8
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Joined: Sep 2011
Posts: 8
Re: Criminal back ground
Hi there can this be done from canada or would I have to return to the UK
#9
Forum Regular
Joined: Feb 2016
Location: Ontario
Posts: 192
Re: Criminal back ground
You can apply for Canadian PR from both countries, I'm pretty sure.
Your best bet is to go and see an immigration lawyer to get definite answers to your questions.
Your best bet is to go and see an immigration lawyer to get definite answers to your questions.
#11
Forum Regular
Joined: Feb 2016
Location: Ontario
Posts: 192
Re: Criminal back ground
You're welcome - good luck..
#12
Re: Criminal back ground
Hi there I'm living in Canada on a temporary work visa and applying to permanent residency I do have criminal background 1991 grievous bodily harm sentence to 6 months,2004 dui 12 month ban fine 100 pounds,2005 damage to property fine 250 pounds with these convictions would this stop me from becoming a permanent resident of Canada considering the amount of time that has lapsed and no other convictions since I do have two children that are Canadian citizens would this help also as if I'm found that I can't stay I wouldn't get to see my children any advice welcome
Immigration Consultants-Canada : British Expat Wiki
#13
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,840
Re: Criminal back ground
As PMM pointed out you should be applying for individual rehab 1st which will cost $1000. Once approved then apply for PR. If you do it the other way they should find you inadmissible.
https://www.canada.ca/en/immigration...-activity.html
https://www.canada.ca/en/immigration...-activity.html
#14
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Criminal back ground
As PMM pointed out you should be applying for individual rehab 1st which will cost $1000. Once approved then apply for PR. If you do it the other way they should find you inadmissible.
https://www.canada.ca/en/immigration...-activity.html
https://www.canada.ca/en/immigration...-activity.html
+1
#15
Re: Criminal back ground
I'm confused - if you're currently living in Canada then presumably you already have criminal rehab? So it shouldn't be an issue for your PR app.
But if you haven't got rehab (and therefore have entered Canada when criminally inadmissible), then a lawyer is definitely the way to go!
But if you haven't got rehab (and therefore have entered Canada when criminally inadmissible), then a lawyer is definitely the way to go!