Beano68

Hi All

1st post so be gentle

My wife and I are looking at moving to AB in the next 9 months as we would be going over there due to my wife's work plus we have always wanted to live over there plus we are not getting any younger.

My concern is about 4 years ago I was involved in an minor altercation where I acted in self defence where I ended up getting done for common assault !!

Would this effect my visa application or cause me any problems for moving over there ??

Thanks

Stinkypup

Hi Beano- welcome
I'm no use with regard to the assault charge, it will have ramifications when applying to Canada but people manage to work though the bureaucratic processes but everything takes time. Have you used the search feature which may be at the top (clearly I'm useless and don't use it often, I probably should.)?
I am sure someone will answer your question in the know!! You aren't the first btw!
I'm presuming that your wife already has a job lined up in AB given the short timeline that you quote as well as your specific destination.

Goodluck anyhow

It is a great and helpful forum which is full of people who really do know their stuff. Sadly people may not hear the answer that they are wanting to!

bc2015

Have a read of this

Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

and this

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

Beano68

Thanks both for the reply,

My wife has been offered a position in Calgary but she has a final video call tonight as we have a few reservations including this common assault issue,which she doesn't really want to tell them as of yet.

My concern now is will this jeopardise and possible new life in Canada for us both.

its just ridiculous as I have an exemplary military record and never been in trouble with the authorities before that.

PB65

People often get caught out with this area especially for example if were a DUI (not obviously same as your case) which would be complete no without rehabilitation. Each case I believe is dealt with case by case and this may be the way in your case so wouldnt write anything off just read through the documentation. Makes you wonder how CIC would deal with a 'criminal conviction' being taken to court for not paying a UK TV licence which I think is still how that 'offense' can be dealt with. Bit rich when there isnt anything really worth watching on TV in first place.

Siouxie

Welcome to BE

Hope the interview goes well!

Did you go to court and were you found guilty? Were you given a suspended sentence, a fine or a prison sentence?

You will need to check the Criminal Code of Canada that correlates with the charge against you at the time. There are specific time periods whereby you can be either deemed rehabilitated depending on the severity of the crime - but the time starts after any sentence or suspended sentence is ended or when a fine is paid - or where you have to apply for rehabilitation.

The links you have been given will be very helpful. If you are very close to the 5 year mark, it may be worth your while sending a rehabilitation application marked 'for information only' to ascertain if you would be deemed rehabilitated or not. You will need your conviction information from the incident to compare it to the Criminal Code of Canada (see below for the Assault part) to see if it would be classified as a summary conviction or an indictable one. Having said that, it appears a 'simple common assault' could be classified as either but with a maximum sentence of 5 years, provided there was no bodily harm. You would need to go through your conviction documentation to ascertain what the equivalent would be here.

CanLII - Criminal Code, RSC 1985, c C-46

Best of luck!

Beano68

Hello,and thanks for the information, very useful, this is Steve's wife by the way. I will get a visa through work with a guaranteed offer of employment, and Steve will have to apply separately I think.

In terms of where we may have the issue it is because this happened in 2013. It was a conviction that didn't have any sentence attached, suspended or otherwise and a fine of around £400, for Common Assault section 39. The conviction was made 3 years ago, the fine was also paid immediately.

No bodily harm, and no further action was taken, fully clean record before and since...

From reading the documentation I think it would need to be declared, and then asked for exemption, but my concern is there may then only be a temporary visa which would make life difficult.

I think we need to bring up with my employers and see if they have any advice or assistance to offer...

Thanks again for all your help...

Rachael

Beano68

Update>

My OH was offered the position and they wanted us to move over there this Aug/Sept which was way quicker than we expected, considering that my OH informed them that there was no immediate rush!

My OH informed them regarding the issue of my common assault charge from a few years ago and they requested all the documentation regarding the case which was sent to their lawyers 2 days ago who will deal with it.

Was told yesterday that it would be 'fixable' and nothing to be alarmed about but I've decided that its too much of a risk to commit to such a life changing move !

We would have to sell up lock stock in the UK to move over there and then regardless what the lawyers in Calgary say, There still could be chance of being refused entry into Canada then I would be up *** creek !!!

Too much of a risk to take... !



Thanks to the folk who offered some advice on this post.

christmasoompa

If you applied for your visa before you go though, then you would have checked to see if you need rehab etc (and got it if necessary) before travelling to Canada. So much less of a risk?

Also, no need to sell your house either, in fact, it's not advised if you're only going on a temp work permit - remember that you're tied to that one employer and we've seen a lot of people on the forums have to return to the UK after being made redundant or similar! Far better to just rent it until you have PR.

HTH, good luck with whatever you decide.

Engineer_abroad

Normally if you have a skilled job (NOC code 0, A or B) your spouse is entitled to an open work permit. What route is your work permit being issued under?

Beano68

It's an intercompany transfer visa, with a spousal visa attached, lasts about 3 years and can then apply for PR,

Rachael

christmasoompa

No need to wait 3 years to apply for PR; you can apply straight away if eligible.

I'm sure you've already seen this, but useful reading if not - Intra-Company Transfer-Canada : British Expat Wiki

Engineer_abroad

Give me a shout if you have any questions myself and my wife moved over here on a ICT in December. Pretty easy but I have recently been through the system.

As stated you don't need to wait 3 years for PR but as it is LMIA exempt you do need proof of funds. Your husband will be entitled to apply for an open work permit based on you gaining yours.

Beano68

hi, the intra-company transfer isn't a problem, my OH is a business director and fulfils a lot of the criteria listed. The issue isn't that really, it's the unspent charge that is causing the problem...can't see any way around it and no idea who to speak to to find out if it's feasible with that on my record. It's a minor charge that falls into an inadmissible category...

Engineer_abroad

I assume your company is using a relocation expert to handle the move? If so they will be using legal co-counsel. If you are worried ask for a teleconference with them to discuss. We did this as we had some issues with which noc code to use, really put our mind at ease.