ADVICE ON CRIMINAL RECORDS

Old Feb 19th 2008, 8:48 am
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Default ADVICE ON CRIMINAL RECORDS

Im looking for advice as i have a criminal record [assault 7-8 years ago}

My wife is the Primary Applicant and im just wanting to know whether my record will affect us all emigrating to canada.


Thanks
Iain.
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Old Feb 19th 2008, 9:22 am
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Default Re: ADVICE ON CRIMINAL RECORDS

As far as I know it will affect you . You will have to get police clearance aswell as your wife . There may be something about applying for a police pardon for convictions over 4 years old though , dont know if this would apply to your case ..... Someone else will be able to tell you exactly
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Old Feb 19th 2008, 9:40 am
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Default Re: ADVICE ON CRIMINAL RECORDS

http://www.cic.gc.ca/EnGLIsh/informa...des/5312E3.asp

And try searching the forums for other people's experiences.
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Old Feb 19th 2008, 9:52 am
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Default Re: ADVICE ON CRIMINAL RECORDS

Are there police checks for TWP? Serious question, I don't know the answer. I realise the wife will have medical and probably police checks being a nurse, but do spouses?

Better to sort it out now than be asked to leave Canada when you do apply for PR though after a TWP
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Old Feb 19th 2008, 9:54 am
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Default Re: ADVICE ON CRIMINAL RECORDS

Originally Posted by Biiiiink
Are there police checks for TWP?
Even tourists have been turned away at a port of entry because they have had a conviction for, say, drunken driving and have not gone through the criminal rehabilitation process.
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Old Feb 19th 2008, 9:56 am
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Default Re: ADVICE ON CRIMINAL RECORDS

The application form for a WP contains this:

Have you or any member of your family ever:
Est-ce que vous-même ou tout membre de votre famille :
c) Committed, been arrested or charged with any criminal offence in any country?
Avez-vous commis, ou avez-vous été arrêté pour avoir commis ou accusé d'avoir commis une infraction pénale quelconque dans n'importe quel pays? Yes
No
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Old Feb 19th 2008, 11:03 am
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Default Re: ADVICE ON CRIMINAL RECORDS

Originally Posted by iainandsheena
Im looking for advice as i have a criminal record [assault 7-8 years ago}

My wife is the Primary Applicant and im just wanting to know whether my record will affect us all emigrating to canada.


Thanks
Iain.
Of course you record will affect you all - if one member of family is inadmissible then all are inadmissible.

You will have to include application for Criminal Rehabilitation if you are eligible for it - if at least 5 years passed from completion of imposed penalty (jail, probation, community service, fine paid, etc.). You'll need assistance of authorized representative in Canada with this - agents or firms outside Canada won't be of much help.
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Old Feb 19th 2008, 11:38 am
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Default Re: ADVICE ON CRIMINAL RECORDS

Hi

Originally Posted by Andrew Miller
Of course you record will affect you all - if one member of family is inadmissible then all are inadmissible.

You will have to include application for Criminal Rehabilitation if you are eligible for it - if at least 5 years passed from completion of imposed penalty (jail, probation, community service, fine paid, etc.). You'll need assistance of authorized representative in Canada with this - agents or firms outside Canada won't be of much help.
The OP should be wary, that the assault conviction, may be considered to be equivalent to Assault Causing Bodily Harm, which in Canada the maximum sentence is 10 years, so even after 10 years the OP would not be considered "deemed rehabilitated" and would have still have to apply for rehabilitation
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Old Feb 19th 2008, 12:37 pm
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Default Re: ADVICE ON CRIMINAL RECORDS

Originally Posted by PMM
Hi
The OP should be wary, that the assault conviction, may be considered to be equivalent to Assault Causing Bodily Harm, which in Canada the maximum sentence is 10 years, so even after 10 years the OP would not be considered "deemed rehabilitated" and would have still have to apply for rehabilitation
This is why I have started new thread:

http://britishexpats.com/forum/showthread.php?t=515701

pointing to the Canadian Press article in which readers may find that many, including Americans, who for ages were coming freely to Canada are now being turned away if they have conviction - even if it is a minor conviction and/or 5 or 10 years passed from completion of imposed penalty.

It's no joke anymore - Americans for ages were turning away anyone with criminal record, no matter how old. For some time now Canada is doing the same.

Number of clients (especially Americans) who seek my help with gaining admission to Canada after being turned away on the basis of criminality went up almost 7 times in 2007 compared to 2006.
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Old Feb 19th 2008, 1:59 pm
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Default Re: ADVICE ON CRIMINAL RECORDS

Originally Posted by Judy in Calgary
Even tourists have been turned away at a port of entry because they have had a conviction for, say, drunken driving and have not gone through the criminal rehabilitation process.
I should have remembered that, there are hoardings all over this town advertising legal services for those turned away at the border

Thanks Judy, Bazz, Andrew!
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