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-   -   info re driving conviction (https://britishexpats.com/forum/canada-56/info-re-driving-conviction-226108/)

nikimac Apr 22nd 2004 1:50 am

info re driving conviction
 
hi,
im way behind all of you guys. just starting to get our application together and through this forum we are expecting a very long wait thanks to all your timeline information.

We are applying on skilled worker, have family in ONT and score 76 points. so are quite confident of meeting the requirements. Our only worry is that my husband stupidly got charged with dangerous driving due to speeding on a motorway. (2002- therefore he has a criminal record now) Does anyone know who much effect this will have on application. I can only find advice relating to 'spent convictions' as this was a fine and loss of licence for 12mths im not sure how it stands. would we still need to hire an immegration lawyer? any advice greatly appreciated.

Rich_007 Apr 22nd 2004 3:44 am

I would advise that you post this message on the other 'Canadian Immigration' forum, if you ask the experts on there ref the conviction, you should get a straight answer.

Ref lawyers, if you think you can make sense of all the forms, get the info/documents together and get them notarised, you probably don't need a lawyer, unless the conviction is considered a serious matter (in Canadian immigration terms).

I would mention that if you come across any areas of confusion in the application, just post a message on the immigration forum and you should get the answer - maybe not the answer you want (ie it might mean work work on obtaining forms, info etc), but your questions will get a reply either from the 'experts' who are reliable and post regularly on there or from someone else who's gone/going through the same process.

Best of luck !

Rich.

christinefermer Apr 22nd 2004 8:14 am

Re: info re driving conviction
 

Originally posted by nikimac
hi,
im way behind all of you guys. just starting to get our application together and through this forum we are expecting a very long wait thanks to all your timeline information.

We are applying on skilled worker, have family in ONT and score 76 points. so are quite confident of meeting the requirements. Our only worry is that my husband stupidly got charged with dangerous driving due to speeding on a motorway. (2002- therefore he has a criminal record now) Does anyone know who much effect this will have on application. I can only find advice relating to 'spent convictions' as this was a fine and loss of licence for 12mths im not sure how it stands. would we still need to hire an immegration lawyer? any advice greatly appreciated.
We had the same sort of problem when filling out the forms. We got to the bit where it said "Do you have any convictions?" and didn't know what to put. I was convicted of speeding at 47mph in a 30mph zone. The mobile speed camera was on the other side of the road so the policeman didn't stop me to caution me. I only found out about it when I received a letter requesting me to attend court. As I hadn't stopped and paid a fine I was to be convicted. I was convicted of speeding and fined. This was about 5 years ago and I have since taken it off my licence. But I still didn't know if it was still down as me having a criminal record. I phoned the police station (Data Protection - where you get the police checks from) to find out if I had any convictions down on my record, explaining that I was hoping to emigrate. They were not sure and suggested that I paid the £10-00 fee for my police check. I know that this would be out of date by the time the application was lodged but at least I would know what to put on my application form. Luckily it was all clear. The police station that I phoned was my local one because it was where I had lived in the last 10years.

I suggest you do the same. It's peace of mind. Yes you will have do have a new police check done when the forms are submitted but at least there will be no suprises. I think they are only interested in a "criminal" offence not speeding.

I hope this has been useful.

Mick

CalgaryAMC Apr 22nd 2004 9:32 am

My advice:

Do not try to interpret the question and second guess what they want. Answer the question precisely.

If the question asks "do you have any convictions?" and you do, answer yes, even if it is a minor traffic conviction. Then just attach the appropriate information detailing the conviction: date, offence, fine. If the question asks, "do you have any convictions, excluding minor traffic offences?" then answer "no." It may ask only for convictions in the last five years or something else. Whatever it asks, answer it.

You will not get turned down for having a few traffic offences and it is always better to have everything up front.

jonthelad Apr 23rd 2004 2:07 am


Originally posted by CalgaryAMC
My advice:

Do not try to interpret the question and second guess what they want. Answer the question precisely.

If the question asks "do you have any convictions?" and you do, answer yes, even if it is a minor traffic conviction. Then just attach the appropriate information detailing the conviction: date, offence, fine. If the question asks, "do you have any convictions, excluding minor traffic offences?" then answer "no." It may ask only for convictions in the last five years or something else. Whatever it asks, answer it.

You will not get turned down for having a few traffic offences and it is always better to have everything up front.
Absolutely correct IMO. A speeding ticket will not get you a refusal to enter the country. If you do not declare that on your application and they find out, they may begin to question if you have failed to declare anything else. Best be honest - I don't believe it would hurt you in this case.

All the best
:)


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