New starter, advice and guidance welcome
Jan 6th 2018, 9:49 am
#1
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Thread Starter
Joined: Jan 2018
Posts: 10
New starter, advice and guidance welcome
Hi all, I'm Chris and have been looking longingly at Canada for many years but now as i'm getting older it's about time to put the plans into practice rather than just dreaming.
I'm 35 at the moment work in IT (Senior systems / IT Manager level) and would be moving with my wife (29). I've had bad advice in the past regarding being allowed to use equity as the proof of finance (which thanks to this forum and reading the official website properly I've found out is completely wrong) so am correcting as much as possible whilst building everything together. I've gone through a skills calculator and depending on how I answer some of the education questions I get between 380 and 440 points (I have 1 Foundation / Associates Degree and 2 Certificates of Higher Education) so i'm close.
Obviously I've seen you guys recommend DIY applications however the only reason i'm looking at potentially using a consultant is I have got a criminal record (low level assault charge mitigating circumstances due to combat related PTSD (10 year military service, 2 tours of Afghanistan) Fine, no custodial) it's spent but is obviously going to make things more complex. Does anyone have any experience recommendations around that or of those who have used consultants does anyone have recommendations?
I'm 35 at the moment work in IT (Senior systems / IT Manager level) and would be moving with my wife (29). I've had bad advice in the past regarding being allowed to use equity as the proof of finance (which thanks to this forum and reading the official website properly I've found out is completely wrong) so am correcting as much as possible whilst building everything together. I've gone through a skills calculator and depending on how I answer some of the education questions I get between 380 and 440 points (I have 1 Foundation / Associates Degree and 2 Certificates of Higher Education) so i'm close.
Obviously I've seen you guys recommend DIY applications however the only reason i'm looking at potentially using a consultant is I have got a criminal record (low level assault charge mitigating circumstances due to combat related PTSD (10 year military service, 2 tours of Afghanistan) Fine, no custodial) it's spent but is obviously going to make things more complex. Does anyone have any experience recommendations around that or of those who have used consultants does anyone have recommendations?
Jan 6th 2018, 12:16 pm
#2
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,846
Re: New starter, advice and guidance welcome
Depending when the assault occurred and the fine was paid in full you could be either deemed rehabilitated, eligible for rehabilitation or not eligible for rehabilitation. The last 2 still make you inadmissible.
As for consultants you need one who is registered with the ICCRC as found in this link
iccrc-crcic
You could also use a lawyer who specializes in Immigration.
Without knowing when the assault occurred and the fine was paid off in full its hard to determine if inadmissible or not. If no bodily harm caused then the assault is the lesser one.
As for consultants you need one who is registered with the ICCRC as found in this link
iccrc-crcic
You could also use a lawyer who specializes in Immigration.
Without knowing when the assault occurred and the fine was paid off in full its hard to determine if inadmissible or not. If no bodily harm caused then the assault is the lesser one.
Jan 6th 2018, 1:46 pm
#3
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Joined: Jan 2018
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Re: New starter, advice and guidance welcome
It was common assault so no bodily harm, fine is paid offense is spent but it was only 2 and a bit years ago.... the consultants I have spoken to said it should be fine but thats in the pre assessment.
Jan 6th 2018, 2:34 pm
#4
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,846
Re: New starter, advice and guidance welcome
At the moment you are inadmissible and not eligible for individual rehabilitation.
IRCC (CIC) would make the final decision on your inadmissibility if submitting a EE application.
While your conviction might be spent in the UK it doesn't mean its spent for Canadian admissibility purposes and if the UK Rehabilitation Of Offenders Act 1974 is relevant.
You would have to wait 5 years since your sentence was completed in full (fine paid off) before eligible for individual rehabilitation.
You could submit an info only package to the visa office to see if inadmissible or not as found in the link below
https://www.canada.ca/en/immigration...ty.html#5312E8
From experience at the moment you are inadmissible.
IRCC (CIC) would make the final decision on your inadmissibility if submitting a EE application.
While your conviction might be spent in the UK it doesn't mean its spent for Canadian admissibility purposes and if the UK Rehabilitation Of Offenders Act 1974 is relevant.
You would have to wait 5 years since your sentence was completed in full (fine paid off) before eligible for individual rehabilitation.
You could submit an info only package to the visa office to see if inadmissible or not as found in the link below
https://www.canada.ca/en/immigration...ty.html#5312E8
From experience at the moment you are inadmissible.
Jan 6th 2018, 2:51 pm
#5
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Joined: Jan 2018
Posts: 10
Re: New starter, advice and guidance welcome
Thanks for the advise on that as said I knew it would make things more of a challenge but I thought i’d fish out an unbiased answer as consultants are always keen for you to give them money and say it will all be fine 
if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be
I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
Jan 6th 2018, 2:57 pm
#6
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,846
Re: New starter, advice and guidance welcome
Thanks for the advise on that as said I knew it would make things more of a challenge but I thought i’d fish out an unbiased answer as consultants are always keen for you to give them money and say it will all be fine if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be
I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
https://www.canada.ca/en/immigration...ssessment.html
Jan 6th 2018, 3:16 pm
#7
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: New starter, advice and guidance welcome
Thanks for the advise on that as said I knew it would make things more of a challenge but I thought i’d fish out an unbiased answer as consultants are always keen for you to give them money and say it will all be fine if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be
I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
if nothing else it gives me more time to ensure everything else in my application is exactly where it needs to be I will definitely look at the info only route when everything else is in order and confirm with an immigration lawyer if there is an other avenues i can exploit as well
Unfortunately assault (criminal code of Canada 265/266) can be classified as either an indictable or summary offence. Because of this, you would most likely have to wait 5 years from the time of paying the fine to obtain rehabilitation.
I would suggest (as FormerLancastrian did) that you put in an application 'for information only' to determine what CIC's view on it would be. There is no way around it, unfortunately, they are the determining body and an immigration consultant would not be able to find a loophole. As FL said, there is the TRP route, but I'm not sure how well that would work and it's something you could also apply for yourself. Don't waste your money!
https://www.canada.ca/en/immigration...nvictions.html
Last edited by Siouxie; Jan 6th 2018 at 3:23 pm.
