bobbyfl

Hi

i am in the same situation as you - i will be eligible to apply May this year from dui sentence.
when you sent your application 'for info only' did you need to complete the character references etc or just fill out the 1 form??

Thanks for your help!

Fitzyafcb

the more you provide the easier it will be for them to make a decision. The only thing i didnt include were character references as i felt my docs and situation was strong enough to get the decision i needed.

bigdaddy4

Can anyone tell me how long this process as i have sent mine in. it is a year early from my last conviction it was just anargument in the street (section 5)

christmasoompa

Hi, and welcome to BE.

Can you clarify what you mean by 'this process'? What exactly have you applied for? If it's criminal rehab, then it can take over a year, but as your last conviction was only a year ago I assume it's something different? Was it an 'info only' application?

If you can be a bit more specific then hopefully we can help.

This page from the CIC website may be of use, it has info about how long an application for criminal rehab will take to process among other things - http://www.cic.gc.ca/english/visit/f...issibility.asp

bigdaddy4

Ive sent my rehab in withh all the documents and payment. I had a 12 month discharge in 2008 for a argument in the street (section 5) Do you think i will get the rehabilitation????? as its a year early unless 12 month discharge does'nt count

christmasoompa

It's five years from the end of sentence that you are eligible to apply, if it was a one year discharge given in 2008 (so until 2009 presumably), you wouldn't be eligible to apply for rehab until 2014.

That's if you need rehab of course, you mention 'last conviction' in your previous post so how many others have there been and how recent were they?

bigdaddy4

2003 caution

bigdaddy4

So what do you think may happen with my application Because i have a job interveiw on the 17th march

christmasoompa

Were you planning on travelling to Canada for the job interview? Or did you apply for rehab just for whichever visa you'd hope to go over and work on? You won't be able to travel for 17th March if you do need rehab, the chances are CIC will tell you to reapply in 2014 when you're eligible to apply, but even if they do consider the application you've put in now, it's going to be the summer at the earliest before you hear anything going on recent timescales (and possibly even not until next year).

And are you sure you needed rehab? What was the exact offence? I know you've said 'argument in the street', but what were you convicted of?

bigdaddy4

Section 5 (1) and (6) public order Act 1986 Harassment, alarm or distress..
(1)A person is guilty of an offence if he— .
(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or .
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting, .
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
This was the 12 month discharge

But it was just an aurgument in the street

bigdaddy4

175. (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,


(ii) by being drunk, or


(iii) by impeding or molesting other persons,



(b) openly exposes or exhibits an indecent exhibition in a public place,


(c) loiters in a public place and in any way obstructs persons who are in that place, or


(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,


is guilty of an offence punishable on summary conviction.


Evidence of peace officer

(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.


R.S., 1985, c. C-46, s. 175;
1997, c. 18, s. 6.


This is the offence closest to mine would i need the rehab for this offence????

irishgirl33

hi if you have a charge less than 5 yrs old who can apply for TRP.this allows if granted people that would be inadmissable to canada allowed to enter.

my husbands criminal rehabilitation application was send in sep and we got a reply that it was granted on the 15 dec.so sometimes it doesnt take that long.

Former Lancastrian

This is a summary offence only. What was the caution in 2003 for?

A36(2)(b): An applicant convicted outside Canada (of two or more offences not arising out of a single occurrence that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament) may be deemed rehabilitated if five years have elapsed since the sentences imposed were served and they have not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act [R18(2)(b)].

Based on your post it would appear that 5 years has elapsed since the 2003 conviction as you state you only received a caution. As the 2008 conviction is only a summary offence then you would not be deemed inadmissible as you only have the one conviction based on the info you provided.

bigdaddy4

Thanks for the info provided i will just have to wait a see when it comes back hopfully im ok to go

Brashnaldo

So, First off, thanks to whoever started the thread, some really good info, a real change from the shouty stuff on this topic

I am hoping to go (too late bought the ticket!) to Canada end of June I have a drug conviction in 2004, so it is spent as regards the UK even if we add the community service (about 100 hours I think).

As I understand it from reading the thread, I should be allowed to pass into Canada because of the Burgon and other type of cases and the fact that our legal systems are so close and recognition of rehabilitation and spent cases etc.

But it is very much advised to get a letter stating that I am not inadmissible.

So to get this letter I need to
• apply for the ACRO form which will come back with ‘no live trace’ on it showing that I have a conviction and that it is spent, but it will not show that actual conviction
• Apply to the local magistrates court for proof that I have paid the fine

Then I send to the Canadian High Commission in London
• the application for a visa form (information only)
• the ACRO form
• the proof of a paid fine
• A covering letter explaining my conviction and proving that I am now a grown up and sorting my life out etc and also asking if I would be considered spent under Burgon and therefore non inadmissible under Canadian law

Then I (hopefully) receive a letter saying non inadmissible enter into Canada and all go home for a nice cup of tea.

Does this look like a plan, and can it be done in 4 months?

Any suggestions and answers very much appreciated