Bunac/sponsorship, police check,

Old Jan 11th 2010, 2:18 pm
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Default Bunac/sponsorship, police check,

Hello all,
I have been living with my canadian gf in ontario for 7/8 months under a visitors visa, travelling back to the uk with her to visit family every 5 months.
Our plan was/is to get a bunac temp work permit then apply for Perm. Residency later in the year.
My police check arrived in the post ready to send to bunac before the end of the month, and has the record of leaving the scene of an accident.
Now opening my eyes and taking off the blinkers im fully realising this has serious implications.
Dec 2005 i crashed my car in icy condition at night. I left the car there, no one else was involved, the police arrived the next day and informed me id damaged an electric box and had taken the car away.
I was later convicted of leaving the scene of an accident, 8 points, £400 fine, and failing to report, £400 fine. No ban. I now have a clean licence but does this mean i cannot get a temp permit or PR until 5 years of the conviction date.
Is this correct, i need to know before i call bunac and they tell me the news and have a break down lol.
Many many thanks,
Jonathan
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Old Jan 11th 2010, 2:20 pm
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Default Re: Bunac/sponsorship, police check,

Ah sorry, this should be in the immigration thread, tad on edge
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Old Jan 11th 2010, 2:21 pm
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Default Re: Bunac/sponsorship, police check,

I would phone them to be honest, the paperwork says that if anything is on that report then you need to give a full letter explaining the details etc. That sounds like a more of a misdemeanour than a criminal offence and could happen to anyone. I would even wager that in a lot of countries, including possibly Canada, it wouldn't even be illegal, but the road laws in this country are extremely strict.

I was involved in a minor road collision with an American ex in the US in my late teens, all that happened is that the local police officer came, asked what happened and then told my girlfriend that her dad could probably fix up the dent in her fender and told the other guys who were driving a wrecked up Ford pickup that they shouldn't bother with the insurance as their truck was hardly road worthy anyway, and then the police just left.

Last edited by DigitalGhost; Jan 11th 2010 at 2:24 pm.
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Old Jan 11th 2010, 2:44 pm
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Default Re: Bunac/sponsorship, police check,

Originally Posted by DigitalGhost
I would even wager that in a lot of countries, including possibly Canada, it wouldn't even be illegal,

Of course it's illegal in Canada...
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Old Jan 11th 2010, 3:15 pm
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Default Re: Bunac/sponsorship, police check,

I was also wondering if I fail to get a bunac permit how would this affect my conjugal/commonlaw sponsorship later in the year?
Hope someone can shed some light on this cloudy day in Ontario,
JB
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Old Jan 11th 2010, 3:19 pm
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Default Re: Bunac/sponsorship, police check,

Wait, are you trying to apply for Bunac from Canada? Because I'm not really sure if you're supposed to do that.
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Old Jan 11th 2010, 3:26 pm
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Default Re: Bunac/sponsorship, police check,

Originally Posted by DigitalGhost
Wait, are you trying to apply for Bunac from Canada? Because I'm not really sure if you're supposed to do that.
It used to be that you could only apply for Bunac from within the UK, but that changed a couple of years ago and you can now be anywhere as long as you've lived in the UK within the 4 years prior to applying.
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Old Jan 11th 2010, 3:28 pm
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Default Re: Bunac/sponsorship, police check,

I have a uk address,all documents are being sent from the uk, i'll pop back to pick it up if i get one.....
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Old Jan 11th 2010, 3:48 pm
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Default Re: Bunac/sponsorship, police check,

Originally Posted by Jonny B
I have a uk address,all documents are being sent from the uk, i'll pop back to pick it up if i get one.....
No worries mate.

Thinking about it, I think what christmasoompa said is what is written on the form so you'll probably be OK. My gf is applying for hers through Tokyo from the UK but they seem a lot less strict on applications from Japanese citizens than they are from us Brits.
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Old Jan 11th 2010, 4:36 pm
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Default Re: Bunac/sponsorship, police check,

Ok, so I spoke to Bunac but couldnt get a definitive answer, they would send the appilication to the Canadian High Commission but there is no way to tell whether it would be accepted. The Commission do take driving convictions seriously and the letter to them is my opportunity to plead my case. I dont know whether to send it in.

I only get one opportunity at this as i've just turned thirty.

Five years from my conviction is 18 months away so potentially looking at another two years at least before getting PR, not working for the last 8 months hasnt been ideal.

Though this is by far the finest place to live with the most special person, even compared the Frances' provence.

Tough to take from some accident in bad conditions that only involved a 6 inch electricity box.
Blabbing done,
Cheers,
Jb
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Old Jan 11th 2010, 5:33 pm
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Default Re: Bunac/sponsorship, police check,

Hi

Originally Posted by Jonny B
Ok, so I spoke to Bunac but couldnt get a definitive answer, they would send the appilication to the Canadian High Commission but there is no way to tell whether it would be accepted. The Commission do take driving convictions seriously and the letter to them is my opportunity to plead my case. I dont know whether to send it in.

I only get one opportunity at this as i've just turned thirty.

Five years from my conviction is 18 months away so potentially looking at another two years at least before getting PR, not working for the last 8 months hasnt been ideal.

Though this is by far the finest place to live with the most special person, even compared the Frances' provence.

Tough to take from some accident in bad conditions that only involved a 6 inch electricity box.
Blabbing done,
Cheers,
Jb
To be considered a criminal code offence in Canada, the accident must meet the following conditions:


252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

What a driver that is involved in an accident must do

The Criminal Code states that any driver involved in an accident with another vehicle must:

• Stop his vehicle
• Provide assistance to anyone requiring assistance and
• Leave his name and address

The Criminal Code does not compel the person involved in an accident to remain at the scene of an accident, once the above three requirements have been met. It does not become a criminal offence unless the driver leaving the scene of the accident did so to avoid civil or criminal liability.

As there were no other vehicles, persons or cattle involved, it would not be a criminal code offence in Canada.
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Old Jan 11th 2010, 5:35 pm
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Default Re: Bunac/sponsorship, police check,

That's what I thought initially.
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Old Jan 11th 2010, 6:20 pm
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Default Re: Bunac/sponsorship, police check,

Oh sounds good so there could be some thread of optimism.
Many thanks for the information!!!

Im going to continue research and consider whether to and what to put in a letter to the high commission. . .

Im pretty sure you could get a conviction if you dont report hitting a Deer in the UK, i doubt you could drive off if you hit a cow lol
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Old Jan 12th 2010, 1:39 am
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Default Re: Bunac/sponsorship, police check,

Many apologies for the length of this post, i hope some of the info is of help to others and really appreciate the help and clarification from you.
Im just trying to reduce further tears in the house from my hun...

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death

(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

Evidence

(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.




Ok, after many up and downs im hopfully getting somewhere... I think i have to abandon the Bunac and ask for Information Only in the following 'Overcoming Criminal Inadmissability' application.

http://www.cic.gc.ca/english/visit/c...ion.asp#deemed

The guide gives a reasonable idea of what someone can expect.

The above criminal code indicates that I was at fault not leaving a name and address, though i did leave my car behind which is registered in my name and address. Dont know if thats means anything.
Im trying to work out if i am guilty of any Canadian offences, if so are they Indictable or Summary offences??

If it is two summary offences, and if the case is that, as usual the penalty points were removed from my licence after three years hence after this period I can apply for rehabilitation??

Im sure no expert and only spent the day researching and would love clarification from some wonderful people on here.

The other thing i dont understand is in the table from the guide, Overcoming criminal inadmissibility, page 6,

http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF

Conviction for two or more offences outside Canada that, if committed in Canada would constitute summary conviction offences

When deemed rehabilitated :- At least five years after the sentences imposed were served or to be served

When eligible to apply for rehabilitation :- Not applicable

Im not sure what to make of the N/A bit.

Sincerely,
Jonathan
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Old Jan 12th 2010, 1:48 am
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Default Re: Bunac/sponsorship, police check,

I am positive is not a crime, just write what happened done on a sheet, ie explain and you good. I am sure......

good luck
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