HughesFamily

When my partner was 16 and his now ex-wife was 15 they got a bit frisky, her mum found out and got him procecuted, he was charged but told that if he was a good boy for 5 years then this in-discression would be removed from his permenant record. How do I find out whether or not I have to include this on previous convictions on the visa application? and are they even going to bother asking us about it if they see 'sex-crimes' on the application or just refuse us? this happened 24 years ago.

Any help / advice would be fantastic.

zednought

The CHC will ask two questions that are pertinent to this: (i) have you ever been convicted or charged with a criminal offence? (ii) have you ever been detained or put in jail?

If your partner was charged with an offence and/or detained you will have to declare it. However, if this is the case don't fret too much. Assuming he's never come to the attention of the police post this indiscretion and given the passage of time I'm sure there won't be a problem. You will get the opportunity to present your side of the story.

marclouis

I think everything points to him being deemed rehabilitated, so no need to request rehab.
the fact that he was under 18.
more than 10 years past.
a single offence.

but yes, needs to come clean when asked.

you say prison records, do you mean he went to prison? or did you mean police record?

HughesFamily

sorry, well spotted, its was a police record he was never detained

dingbat

Was he charged and convicted of a sexual offence against a child (minor) who was, at the time of the offence, under the legal age of consent? If so, this is slightly more complicated and I would seek legal advice.

john5655

an interesting situation, from a legal point of view, I mean

firstly, the legal age of consent in Canada is 14 (not 16 as in UK)

http://www.justice.gc.ca/eng/dept-min/clp/faq.html

so that means, as the offence is not applicable in Canada it makes the offence irrelevant in terms of inadmissibility (extract from the laws in immigration)

(2) A foreign national is inadmissible on grounds of criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

However, you are still face with the prospect of completing the visa application

my advice is, because of the above, you state the facts and provide whatever documents you have to show these

I believe any police certificate will come out clear due to the step down system, but all depends on the sentence imposed as this is a Cat A (2.4.2 on the list) offence

see the ACPO link

http://www.acpo.police.uk/asp/polici...0Records06.pdf

HughesFamily

Do you think i should get the arpo report and se what it says prior to completing the application, its only £35 so it may be worth doing.

He wont have any paper work, when they got divorced he moved out only taking his clothes with him and she wouldn't have kept anything of his.

He has no other criminal offenses, even the solicitor at the time said it was a joke to procecute him, she was only a matter of a couple of months younger than him, but of course she hadn't hit the magic number 16.

I just want to be as prepared as possible, i want to get over there as soon as possible and I dont want a 'blip' in my husbands past to cause our application to be refused.

john5655

can't do any harm to get the police certificate, only takes ten days

if you read the guidance at ACPO website it also mentions your (partner's) right to access police data which means everything they have, no holds barred

maybe worth doing both as this all seems pretty important to you

dingbat

Age of consent is now 16 in Canada - your information is out of date.

http://www.cbc.ca/canada/story/2008/...rime-bill.html

john5655

I missed that point, sorry, even the link I gave is still there on the justice website (with a small warning saying it will be updated with some changes soon)

In any case the revised law (which now of course does reflect the 2008 amendments) comes with a statutory defence for the circumstances the OP quotes, which reads:-

(2.1) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if ... the accused

(i) is less than five years older than the complainant; and

(ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant

also, the offence has a maximum sentence of less than ten years, and so, after the passage of more than ten years since commission, this is regarded as a case of deemed rehabilitation

HughesFamily

thank you so much for all your advise, it has certainly put my mind at rest.

It's just a horrid situation, would have made life a bit easier if the silly cow hadn't written 'had sex tonight' in her diary for her mum to find and read.

Fingers crossed the fact that it was now 24 years ago and he has a perfectly clean record after this instance should be ok for the Canadian Immigration .