Will I have issues getting in?
Nov 7th 2016, 10:20 am
#1
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 2
Will I have issues getting in?
Hi all,
I'm sure you get similar questions like this all the time, but here goes. I got a police caution about 8-9 years ago, haven't got in any trouble at all since. I have a steady job etc, will I be able to visit Canada for a weeks holiday next year (and maybe one day move there)? I have read info for hours but can't seem to find an indication.
Any help you can give will be much appreciated.
Thanks
I'm sure you get similar questions like this all the time, but here goes. I got a police caution about 8-9 years ago, haven't got in any trouble at all since. I have a steady job etc, will I be able to visit Canada for a weeks holiday next year (and maybe one day move there)? I have read info for hours but can't seem to find an indication.
Any help you can give will be much appreciated.
Thanks
Nov 7th 2016, 10:29 am
#2
Born again atheist
Joined: Jul 2005
Location: Europe (to be specified).
Posts: 30,259
Re: Will I have issues getting in?
Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
You're welcome.
You're welcome.
Nov 7th 2016, 10:48 am
#3
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 2
Re: Will I have issues getting in?
I appreciate your reply, and have read that page. But is a caution a conviction?
Nov 7th 2016, 11:00 am
#4
SUPER MODERATOR
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,035
Re: Will I have issues getting in?
HTH, best of luck.
Nov 7th 2016, 1:31 pm
#5
Concierge
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,216
Re: Will I have issues getting in?
Yes, a caution is counted as a conviction, basically you are saying, when you accept a caution, OK gov, I did it, but to save going to court I accept the caution and won't do it again. However to other countries, and even in the UK, it IS a conviction.
Nov 7th 2016, 4:02 pm
#6
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Will I have issues getting in?
It isn't a conviction under UK law, because you haven't been to court - however, you must declare it if asked by CIC / CBSA Officers. My son had 2 cautions (for summary designation offences - he was young, foolish and hanging with the wrong people!), they didn't make any difference to his PR application - they had occurred more than 5 years prior.
Check under the 'Rehabilitation of Offenders Act' - https://www.askthe.police.uk/content/q562.htm
Deemed rehabilitation
Check under the 'Rehabilitation of Offenders Act' - https://www.askthe.police.uk/content/q562.htm
A caution is a formal warning that is given to a person who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction (as only the Courts can convict someone) it can be taken into consideration by the Courts if the person is convicted of a further offence.
Additionally, as it's been more than 5 years even if the CBSA officer counted it as a conviction then presuming it was for an offence that has a summary conviction designation you would likely be deemed rehabilitated. You can check the offence here: http://laws-lois.justice.gc.ca/eng/acts/C-46/Deemed rehabilitation
You may be deemed rehabilitated, depending on:
the crime you committed
how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
10 years for one indictable offence
five years for two or more summary convictions
whether you have committed one or more crimes and
if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
If you want to be 100% sure then I would do as Christmasoompa suggested and send in the form marked 'for information only'the crime you committed
how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
10 years for one indictable offence
five years for two or more summary convictions
whether you have committed one or more crimes and
if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
Last edited by Siouxie; Nov 7th 2016 at 4:19 pm.
