Beano68

thanks, we are looking into it via our legal teams in the UK & in Canada, but it is proving tricky, there may yet be an answer but it is rather concerning that it isn't obvious, the fact it was only 3 years ago that the incident occurred means it is unspent...hence the concern..
it sounds like it's going to be a wait and see one to be honest
rachael

christmasoompa

If the company are happy to wait a little bit, why not do an 'info only' app and find out one way or another if you need rehab? They're usually pretty quick.

Shirtback

Just an additional thought: the company lawyers work for the company. Their (lawyers & company) interest & motivation is to get the employee (your spouse) over to Canada. They aren't going to be too bothered about you.

I haven't looked up the charge you cite to see whether it might make you inadmissible to Canada, but if it does, would your spouse go without you? Is it a written condition of the transfer that she won't? How would that affect her future/continuing job/employment prospects with the company if it turns out you're inadmissible?

Beano68

The company in Calgary are trying their best for me to go over there as they really want my wife to fill this position and we are in constant comms regarding updates.

They approached my wife due to her experience and expertise so its in their interest to try and get me over there as there is no way she would go otherwise.

Her current position would not be affected plus the company does promote (ICT) as it promotes and benefits the company worldwide.

At the moment it's not looking good and we may have to wait 2 years till the conviction is regarded as spent.

But tbh if it doesn't happen this time around we will just leave it and carry on as normal.

It was a nice dream but life goes on

Almost Canadian

Except, of course, that if the lawyer is dealing with the application to CIC, the applicant will be their client and, as such, they have a duty to the client to represent their best interests which will, of course, require them to deal with the client's partner too. If they believe that represents a conflict of interest, they will have no option but to cease acting for one of the parties.

Beano68

Absolutely ... But all this now is causing a lot of stress, I think my wife will shortly pull the plug.

I know Canada has very strict immigration policy's and thats why its such a desirable place to live.

I had an exemplary military career and then one day an idiot tried to attack me with a stick when I was out walking the dog so I pushed him away in self defence ! .. that push will now prevent me and my wife from having a fresh new start ...

Wheres the justice in that !!

Shirtback

I wasn't talking about a conflict of interest (& don't see how that's relevant?). If OP's spouse is eligible for an ICT, OP gets an OWP automatically, unless his conviction makes him inadmissible. If so, I still maintain that OP's situation won't be either the company's or the lawyers' primary concern. It wouldn't legally prevent his wife from going.

Siouxie

I really do recommend sending off a 'for information only' rehabilitation request so that you can determine if you are inadmissible or not. As it was 1 conviction with what appears to be a maximum sentence possible of 5 years, you may find that you are not deemed inadmissible.

Criminal Inadmissibility Explained | (simplified explanation)

You could also apply for a temporary resident permit, if you are inadmissible.

Can I enter Canada if I am criminally inadmissible?

All is not necessarily lost.

Almost Canadian

You indicated the company's lawyer would be representing the company and the applicant and, if, as you suggested, the company "...isn't going to be too bothered about you..." that puts the lawyers into a conflict of interest company's interest v. applicant's interest.

It may not be their primary concern, but it will a concern for each of them, unless you believe that lawyer's don't act in their client's best interests and companies don't care about the welfare of their employees.

Beano68

Thanks Siouxie for reinstating some hope into our journey...I will ensure we
are speaking to the lawyers as it sounds like if we investigate early enough and get permissions in place it may still be possible...fingers crossed...
Rachael