addictive_mate

Hi There,

I recently ordered an ACRO Police certificate and was surprised to see a motoring offence mentioned in that. Basically it was a hit and run offence which was sentenced in 2005. I did leave the scene as I got scared then but I came back after few minutes to the scene. I thought that it is a minor offence so i plead guilty and just paid a fine of 160 pounds. I never know it was a criminal offence in Canada and never mentioned in any of my Canada travels. I am on Temporary Work Permit here and although I have completed 5 years since the date of judgement I am worried that cic may ask me why I did not mention it to them earlier? I had no idea that this offence can be a criminal offence?

I wish to apply for PR from Canada please kindly guide me what to do and what approach should I take? I am being absolutely honest and I had no idea whatsoever that this offence is in any ways criminal in nature.

Former Lancastrian

How did you receive your work permit? Did you apply via an overseas office (application form) or was the work permit issued to you at a Port of Entry?
Yes that offence is a criminal code offence section 252(1) and punishable on indictment to a prison term not exceeding 5 years.
The PR forms will definitely ask about arrests and convictions therefore this offence would need to be disclosed.
If no application form was filled out and this question was not asked then it can't be said you misrepresented the facts.
Yes you would be eligible to apply for individual rehabilitation.

rivingtonpike

Sorry to hear of your predicament - and I'm no Rumpole - but did you really not know this was a criminal offence? Did no-one point this out to you at sentencing? I'm not sure whether this is considered a "major" offence in Canada, but I wouldn't be surprised. I hope someone with more knowledge than me can give you the answers you're looking for.

rivingtonpike

As FL has confirmed, it is a criminal offence. FL, what does "rehabilitation" mean? (in terms of what do you have to do, how long does it take, is any crime rehabilitateable (word?))?

addictive_mate

I applied for a student visa in the UK and I remember they did ask if you have any criminal convictions anywhere in the world and I said no because 'criminal' to be is not motoring offences. I know its my fault but I was never ever asked by any immigration official and I have traveled in and out of canada 100's of times. Now that I am in Canada should I apply for rehab or should I just send a letter stating the truth and that its been more than 5 years since I have 'spent' this conviction and I should be automatically considered 'rehab' accordint to the UK law? Thanks a ton for your help mate! Much appreciated!

Former Lancastrian

There are 2 x different types of rehabilitation
Deemed rehabilitation = passage of time as specified by the Act
Individual = where the person cannot be deemed rehabilitated by passage of time.
All offences including murder can be eligible for individual rehabilitation.
http://www.cic.gc.ca/english/informa...C.asp#overview

In short not more than 2 x summary offences only (not hybrid) 5 years
One indictable where less than 10 yrs imprisonment could be imposed is 10 years.
One indictable offence where 10 years or more imprisonment could be imposed then will never be deemed and has to apply for individual rehabilitation.

rivingtonpike

Hi FL

Would this suggest then that the OP is "deemed" rehabilitated? Would he still have to apply for this status? Are there forms to complete?

addictive_mate

Hi There,

After reading through forums, I can see that UK indictable offences are deemed Rehabilitated due to a UK law after 5 years. Its been more than 5 years, do I still need to apply for rehab or should I just supply a cover letter with my PR application?Thanks.

Former Lancastrian

As far as I am concerned the OP is still inadmissible. If the OP wishes to show me anywhere in our legislation that states he is no longer inadmissible due to the UK Rehabilitation of Offenders Act 1974 and has that in writing from CIC/CBSA then I will accept it.
The UK ROA deals with pardons and rehabilitation for acts committed in the UK. Yes Canada will accept pardons given in the UK however the rehabilitation part is subjective as the rehabilitation is for UK purposes not Canadian.
The OP can apply for rehab info only if he truly believes that the 5 years is applicable and if they receive written confirmation from CIC that they are no longer inadmissible then thats fine with me.
A conviction does not exist in the following situations:
 the conviction is set aside on appeal;
 the court grants an absolute or conditional discharge as provided for in the Criminal Code;
 the person is granted a pardon in a foreign jurisdiction and the pardon is recognized as equivalent to a Canadian pardon.

Dashie

I'm curious as to why you would think that motoring offences aren't criminal? They're laws just like any others surely?

Looks like you have to apply to be deemed rehabilitated, as per FL. This is, I believe, where you need to start.

http://www.cic.gc.ca/english/informa...s/5312ETOC.asp

Siouxie

Fill out the forms for rehabilitation and tick the box 'for information only' - you will be notified if you are inadmissible or not.

http://www.cic.gc.ca/english/informa...ns/rehabil.asp

Unfortunately, it doesn't matter what the UK state about convictions and rehabilitations (unlike cautions) as admissibility is determined by what the offence and punishment are according to the Criminal Justice Laws of Canada.

http://www.cic.gc.ca/english/informa...bilitation.asp

addictive_mate

Hi Guys,

I thank you a lot for your co-operation. I was convicted of another motoring offence 'Driving without due care or attention' and it is not mentioned in my Certificate. I have checked corresponding laws in Canada and most of them are provincial laws and none of them are criminal so is ok for me not to mention that?

Also, After going through the forums I can see that majority of the applicants were deemed admissible in Canada after 5 years due to UK ROA law. Should I mention about this law in the application? If so, what should I write?

Once again, thanks a ton for your help guys!

Former Lancastrian

You can certainly mention that you believe under the ROA that you are no longer inadmissible and the CIC officer reviewing your application will make the appropriate decision. The onus is on the individual to provide evidence that they are no longer inadmissible when seeking entry at a Port of Entry. The mere fact that the ROA exists is not a blanket statement. Did these people receive a pardon under the ROA or just rehabilitation for UK purposes.
There are differing opinions on the ROA and how it is interpreted.

addictive_mate

http://www.bouzanethomas.com/CrimRehab2.PNG

Plenty of people in this forum applied to London Embassy with Information only request and the reply they got was that they are no longer criminally inadmissible referring to ROA and Bargon case(Bargon vs Canada). Should I mention this fact and this letter?

Thanks a lot mate! you are really co-operative!

The4BellsLondon

Blimey ... Hit and run AND driving without due care and attention ....where are you living now ????