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*** To all with criminal record ***

*** To all with criminal record ***

Old Feb 20th 2008, 4:28 am
  #16  
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Default Re: *** To all with criminal record ***

Originally Posted by Happy_Feet
do I disclose this, even for a reccie
Yes. In post #14, Andrew Miller said:
It is irrelevant if you are asked or not at the port of entry - not disclosing the fact and/or lying about it when asked is a misrepresentation, not disclosing it when not being asked is an omission. Both punishable by inadmissibility and more.
That is applicable to tourist visits as well.

will it cause a problem for pnp, it's a careless driving conviction from over 10 years ago
I am guessing -- and I emphasize guessing -- that you will be deemed to have been rehabilitated.

However, you should note that the elapsed time is not measured from the time that a person broke the law or from the time that they were convicted or from the time they were sentenced. Rather the elapsed time is measured from the time that they completed their sentence. A sentence could be time in prison, or it could be probation. I guess a sentence could take other forms as well. The point I'm trying to make is that the elapsed time is measured from the completion of the sentence, whatever form that sentence took.

If you are not deemed to have been rehabilitated through the passage of time, you have to apply for rehabilitation. I've read on various forums that that process in itself can take a year. So in other words it adds a year to the PR application process.

I think there would be merit in asking an immigration consultant if you can retain him/her to answer this one question for you.

At a minimum, before visiting Canada as a tourist, you should do as CIC's website suggests and contact the Canadian mission in your country and ask them if you qualify for "deemed rehabilitation."

Read CIC's web page entitled Visiting Canada : Overcoming criminal inadmissibility.
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Old Feb 20th 2008, 4:42 am
  #17  
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Default Re: *** To all with criminal record ***

Originally Posted by Judy in Calgary
Yes. In post #14, Andrew Miller said:
It is irrelevant if you are asked or not at the port of entry - not disclosing the fact and/or lying about it when asked is a misrepresentation, not disclosing it when not being asked is an omission. Both punishable by inadmissibility and more.
That is applicable to tourist visits as well.

I am guessing -- and I emphasize guessing -- that you will be deemed to have been rehabilitated.

However, you should note that the elapsed time is not measured from the time that a person broke the law or from the time that they were convicted or from the time they were sentenced. Rather the elapsed time is measured from the time that they completed their sentence. A sentence could be time in prison, or it could be probation. I guess a sentence could take other forms as well. The point I'm trying to make is that the elapsed time is measured from the completion of the sentence, whatever form that sentence took.

If you are not deemed to have been rehabilitated through the passage of time, you have to apply for rehabilitation. I've read on various forums that that process in itself can take a year. So in other words it adds a year to the PR application process.

I think there would be merit in asking an immigration consultant if you can retain him/her to answer this one question for you.

At a minimum, before visiting Canada as a tourist, you should do as CIC's website suggests and contact the Canadian mission in your country and ask them if you qualify for "deemed rehabilitation."

Read CIC's web page entitled Visiting Canada : Overcoming criminal inadmissibility.

Thanks for the quick reply Judy, will contact the Canadian embasy in London, all this and my sentence was 2 points on my drivers licence and a £30 fine!
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Old Feb 20th 2008, 8:22 am
  #18  
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Default HELP - Don't know what to do-Criminal Record Recci 1 week away

I am sat here in tears not now knowing what to do.

I had a conviction deemed "spent" under UK law of Driving without Due Care and Attention. Penalty was 9 points and £100 fine. That was back in 1990.

In 1993 I was convicted of Criminal Damage whilst at college. The disposal was a conditional discharge of 12 months plus £200 compensation.

I have a Enhanced CRB Disclosure for my volunteer job which only state the damage conviction and is ok for me to work with children etc.

I am now very confused as OH is the principle applicant and we have a recci planned for next week. We have been to Canada twice before and not knowingly obviously broken the law...we only discovered about this need for disclosure as we are looking to emmigrate as OH has a job offer.

What do we do...

Yours very sad, upset and confused...

Desperately Seeking Sanity
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Old Feb 20th 2008, 9:21 am
  #19  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by Desperately Seeking Sanit
I am sat here in tears not now knowing what to do.

I had a conviction deemed "spent" under UK law of Driving without Due Care and Attention. Penalty was 9 points and £100 fine. That was back in 1990.

In 1993 I was convicted of Criminal Damage whilst at college. The disposal was a conditional discharge of 12 months plus £200 compensation.

I have a Enhanced CRB Disclosure for my volunteer job which only state the damage conviction and is ok for me to work with children etc.

I am now very confused as OH is the principle applicant and we have a recci planned for next week. We have been to Canada twice before and not knowingly obviously broken the law...we only discovered about this need for disclosure as we are looking to emmigrate as OH has a job offer.

What do we do...

Yours very sad, upset and confused...

Desperately Seeking Sanity
I thought it depended on how the same offence was interpreted under Canadian law? And as yours were long ago and not very serious especially the driving one you should be able to apply for rehabilitation, maybe ask Andrew if you would need to do this given that they are not the most serious of offences?

Hopefully you will be ok but better ask the experts.


Good Luck
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Old Feb 20th 2008, 9:38 am
  #20  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by mclauchlan35
I thought it depended on how the same offence was interpreted under Canadian law? And as yours were long ago and not very serious especially the driving one you should be able to apply for rehabilitation, maybe ask Andrew if you would need to do this given that they are not the most serious of offences?

Hopefully you will be ok but better ask the experts.


Good Luck
Thank you for that - I am new here - do we just PM Andrew? What is the netiquette for approaching him? Please advise.

Many thanks - maybe a bit less tearful now?
DSS
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Old Feb 20th 2008, 9:51 am
  #21  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by Desperately Seeking Sanit
Thank you for that - I am new here - do we just PM Andrew? What is the netiquette for approaching him? Please advise.

Many thanks - maybe a bit less tearful now?
DSS
I guess you could PM him although he may answer you on this thread, although Immigration is his business and maybe it would be worth asking Andrew to do your application if it is not going to be straight forward.

I know he very highly thought of on the forum, and has been giving others the benefit of his expertise on immigration.
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Old Feb 20th 2008, 9:54 am
  #22  
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Default Re: *** To all with criminal record ***

DDS, you can contact Andrew Miller through his own website, at:

http://andrewmillercanada.com/

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Old Feb 20th 2008, 10:40 am
  #23  
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Default Re: *** To all with criminal record ***

Originally Posted by Judy in Calgary
DDS, you can contact Andrew Miller through his own website, at:

http://andrewmillercanada.com/

Thanks for that - rubbing away a few more tears - I will look up and deal with tomorrow - emotionally overflowing at present.

Will keep posted.

DSS
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Old Feb 20th 2008, 10:43 am
  #24  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by mclauchlan35
I guess you could PM him although he may answer you on this thread, although Immigration is his business and maybe it would be worth asking Andrew to do your application if it is not going to be straight forward.

I know he very highly thought of on the forum, and has been giving others the benefit of his expertise on immigration.
I have a PM but can't seem to get it as I have not yet posted 3 times...Mandymoochops - I'm working on it but it said my last message had to be moderated????

Is it all just going wrong on me or am I just having a bad day
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Old Feb 20th 2008, 10:49 am
  #25  
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Default Re: *** To all with criminal record ***

Hey no worries it was just for info!
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Old Feb 20th 2008, 10:53 am
  #26  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by Desperately Seeking Sanit
I have a PM but can't seem to get it as I have not yet posted 3 times...Mandymoochops - I'm working on it but it said my last message had to be moderated????

Is it all just going wrong on me or am I just having a bad day
Worrying and second guessing yourself a lot, welcome to the waiting to immigrate life Not sure about the moderated thing Judy will know she knows all
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Old Feb 20th 2008, 10:57 am
  #27  
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Default Re: *** To all with criminal record ***

Originally Posted by mandymoochops
Hey no worries it was just for info!
oh oh - you are just about to be hit...I did my time...
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Old Feb 20th 2008, 11:01 am
  #28  
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Default Re: HELP - Don't know what to do-Criminal Record Recci 1 week away

Originally Posted by mclauchlan35
Worrying and second guessing yourself a lot, welcome to the waiting to immigrate life Not sure about the moderated thing Judy will know she knows all
I've just had 9 months of worrying and waiting and second guessing with the OH's last crap employer...it all came good in the end and thats what MandyMooChops has just advised.

Lots of PMA - just a bit short at present.

DSS
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