BUNAC / USIT - Apparent criminal offence when I was never convicted
Aug 28th 2009, 5:45 am
#46
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Location: Edmonton, AB
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Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
Be careful how you word this.
the legal limit for alcohol/blood in the uk is 80mg of alcohol per 100ml of blood.
if you achieve (sounds like a competition) 80, you are AT the limit, but also OVER the limit.
if your sample was 79mg/100ml, then you would be under.
from my interpretation, there is no AT, only under and over.
the legal limit for alcohol/blood in the uk is 80mg of alcohol per 100ml of blood.
if you achieve (sounds like a competition) 80, you are AT the limit, but also OVER the limit.
if your sample was 79mg/100ml, then you would be under.
from my interpretation, there is no AT, only under and over.
Tim
Aug 28th 2009, 11:51 am
#47
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Joined: Jun 2009
Posts: 43
Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
Please, who was it that advised you to answer "No" to the question "Have you ever committed..."
It appears to me that you knew you had "committed" you relied on local police informing you that it was unlikely to show on your police certificate and you have been found out.
Take it like a man and stop complaining
It appears to me that you knew you had "committed" you relied on local police informing you that it was unlikely to show on your police certificate and you have been found out.
Take it like a man and stop complaining
If it was a criminal offence it would be on the system, mine is only on the australian system for australian police records only.
i have sought legal advice on this matter and they have come back with the following:
'our criminality specialist quickly had a look at the documents, and it seems that as of December 2009 you will not have an issue with Canadian immigration but until then you are criminally inadmissible. Even though you were not convicted you were given a conditional discharge and you need to complete the probationary sentence (good behavior for 1 year) before applying.
Lets get something straight, the original question is clear. Have i ever committed a criminal offence when i have been charged? NO because my offence is not regarded as a criminal offence and that is why i said no.
Aug 28th 2009, 12:38 pm
#48
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Joined: Aug 2005
Location: South of Calgary
Posts: 13,380
Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
Australian Federal Police advised me to say no. Because the offence committed is not a criminal offence.
If it was a criminal offence it would be on the system, mine is only on the australian system for australian police records only.
i have sought legal advice on this matter and they have come back with the following:
'our criminality specialist quickly had a look at the documents, and it seems that as of December 2009 you will not have an issue with Canadian immigration but until then you are criminally inadmissible. Even though you were not convicted you were given a conditional discharge and you need to complete the probationary sentence (good behavior for 1 year) before applying.
Lets get something straight, the original question is clear. Have i ever committed a criminal offence when i have been charged? NO because my offence is not regarded as a criminal offence and that is why i said no.
If it was a criminal offence it would be on the system, mine is only on the australian system for australian police records only.
i have sought legal advice on this matter and they have come back with the following:
'our criminality specialist quickly had a look at the documents, and it seems that as of December 2009 you will not have an issue with Canadian immigration but until then you are criminally inadmissible. Even though you were not convicted you were given a conditional discharge and you need to complete the probationary sentence (good behavior for 1 year) before applying.
Lets get something straight, the original question is clear. Have i ever committed a criminal offence when i have been charged? NO because my offence is not regarded as a criminal offence and that is why i said no.
Sep 10th 2009, 1:02 am
#49
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Thread Starter
Joined: Jun 2009
Posts: 43
Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
I ran a direct query to Canadian immigration and they came back with this which still does not answer my question:
The issue of criminality is considered in the context of an application. If you have applied for immigration or temporary residence to Canada you are not required to submit a separate application for criminal rehabilitation but you will be asked to produce police certificate(s). does that mean i am rehablitated?
If you have a criminal conviction and wish to visit Canada you may be considered inadmissible to enter Canada as a visitor if you are not deemed rehabilitated. but above it tells me that i dont need to?
please can anybody help me there. thanks
Dear Sir,
This is in response to your enquiry.
Whether you are planning to visit, work, study or immigrate, if you have committed or been convicted of a criminal offence, you may be prohibited from entering Canada. All offences and convictions regardless of when they occurred must be disclosed on an application to visit, study, work or immigrate to Canada.
If you have a criminal conviction you must be able to provide an up to date copy of your police certificate with your application. For information on how to obtain police certificates please visit our website at: http://www.cic.gc.ca/english/informa...rity/index.asp
Persons convicted of an offence are generally considered inadmissible to Canada unless they are deemed rehabilitated. Please refer to the our website for information on criminal charges outside Canada and how they may affect your entry to Canada: http://www.canadainternational.gc.ca....aspx?lang=eng
The issue of criminality is considered in the context of an application. If you have applied for immigration or temporary residence to Canada you are not required to submit a separate application for criminal rehabilitation but you will be asked to produce police certificate(s).
If you have a criminal conviction and wish to visit Canada you may be considered inadmissible to enter Canada as a visitor if you are not deemed rehabilitated. If after reading the information on the CIC website you are still unsure if you are considered criminally inadmissible as a visitor to Canada, please visit the inadmissibility section of our website which will provide you with instructions on how to submit an application for criminal rehabilitation. If you were convicted of a criminal offence, but your conviction is not deemed rehabilitated you may need a Temporary Resident Permit or Criminal Rehabilitation to enter Canada.
Yours sincerely,
Client Service Unit
Immigration and Medical Services Division
High Commission of Canada
38 Grosvenor Street
London W1K 4AA, United Kingdom
Government of Canada
Web site: www.unitedkingdom.gc.ca
Email: http://www.canadainternational.gc.ca....aspx?lang=eng
Consent & Disclaimer: By supplying your email address (in your enquiry or previously in your application), you are initiating an email communication with CIC, and CIC is thereby authorized to use the email address provided by you for communication with you including the transmission of personal information on your file/case. When you supply your email address to CIC, it is also understood that you are aware that this channel may not be a secure channel. CIC is not liable for the disclosure of personal information to a third party where CIC has taken reasonable means to ensure the identity of the party. CIC is also not liable for the misuse of this information by a third party.
The issue of criminality is considered in the context of an application. If you have applied for immigration or temporary residence to Canada you are not required to submit a separate application for criminal rehabilitation but you will be asked to produce police certificate(s). does that mean i am rehablitated?
If you have a criminal conviction and wish to visit Canada you may be considered inadmissible to enter Canada as a visitor if you are not deemed rehabilitated. but above it tells me that i dont need to?
please can anybody help me there. thanks
Dear Sir,
This is in response to your enquiry.
Whether you are planning to visit, work, study or immigrate, if you have committed or been convicted of a criminal offence, you may be prohibited from entering Canada. All offences and convictions regardless of when they occurred must be disclosed on an application to visit, study, work or immigrate to Canada.
If you have a criminal conviction you must be able to provide an up to date copy of your police certificate with your application. For information on how to obtain police certificates please visit our website at: http://www.cic.gc.ca/english/informa...rity/index.asp
Persons convicted of an offence are generally considered inadmissible to Canada unless they are deemed rehabilitated. Please refer to the our website for information on criminal charges outside Canada and how they may affect your entry to Canada: http://www.canadainternational.gc.ca....aspx?lang=eng
The issue of criminality is considered in the context of an application. If you have applied for immigration or temporary residence to Canada you are not required to submit a separate application for criminal rehabilitation but you will be asked to produce police certificate(s).
If you have a criminal conviction and wish to visit Canada you may be considered inadmissible to enter Canada as a visitor if you are not deemed rehabilitated. If after reading the information on the CIC website you are still unsure if you are considered criminally inadmissible as a visitor to Canada, please visit the inadmissibility section of our website which will provide you with instructions on how to submit an application for criminal rehabilitation. If you were convicted of a criminal offence, but your conviction is not deemed rehabilitated you may need a Temporary Resident Permit or Criminal Rehabilitation to enter Canada.
Yours sincerely,
Client Service Unit
Immigration and Medical Services Division
High Commission of Canada
38 Grosvenor Street
London W1K 4AA, United Kingdom
Government of Canada
Web site: www.unitedkingdom.gc.ca
Email: http://www.canadainternational.gc.ca....aspx?lang=eng
Consent & Disclaimer: By supplying your email address (in your enquiry or previously in your application), you are initiating an email communication with CIC, and CIC is thereby authorized to use the email address provided by you for communication with you including the transmission of personal information on your file/case. When you supply your email address to CIC, it is also understood that you are aware that this channel may not be a secure channel. CIC is not liable for the disclosure of personal information to a third party where CIC has taken reasonable means to ensure the identity of the party. CIC is also not liable for the misuse of this information by a third party.
Sep 10th 2009, 1:16 am
#50
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Joined: Oct 2008
Posts: 422
Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
The issue of criminality is considered in the context of an application. If you have applied for immigration or temporary residence to Canada you are not required to submit a separate application for criminal rehabilitation but you will be asked to produce police certificate(s).
You got a standard form reply. The quote from CIC above means that if you make an application to CIC for immigration or temporary residence then they will sort out criminal rehabilitation at the same time without you making a separate application.
If you have a criminal conviction and wish to visit Canada you may be considered inadmissible to enter Canada as a visitor if you are not deemed rehabilitated.
CIC's answer doesn't change any of the advice you've already been given on this thread.
Sep 24th 2009, 3:14 am
#51
Just Joined
Joined: Jun 2009
Location: Nelson, BC
Posts: 18
Re: BUNAC / USIT - Apparent criminal offence when I was never convicted
Ok, so my husbands Police Certificate has come back clear, the DUI is no longer stated on there which is a relief (I know he is not out of the woods yet), but I was wondering as CIC can still see his charge through the 'no live trace' field should he apply for rehabilitation, or just simply send a super detailed letter of how his ban came about and why he did not tick 'yes' (given bad advice at the time of his ban (2002)) to ciminal charges on previous visa applications?
I spoke with a CIC call centre lady a few weeks back (before we knew the outcome of his police cert') and she advised me that we write a detailed letter, she said the worst that would happen is he may be deported for mis-representation (he didn't do this on intentionally) but interviews would be sought before that happened.
Just wondering if any of you guys & girls have been through this or have any constructive advice.
Many thanks
P.S. We got selected by BC PNP on 21st Sep
I spoke with a CIC call centre lady a few weeks back (before we knew the outcome of his police cert') and she advised me that we write a detailed letter, she said the worst that would happen is he may be deported for mis-representation (he didn't do this on intentionally) but interviews would be sought before that happened.
Just wondering if any of you guys & girls have been through this or have any constructive advice.
Many thanks
P.S. We got selected by BC PNP on 21st Sep
