Can anyone help please!!!

Old Jan 12th 2010, 8:44 am
  #1  
Just Joined
Thread Starter
 
Joined: Nov 2009
Location: vancouver canada
Posts: 8
upthedale is an unknown quantity at this point
Default Can anyone help please!!!

hey all! i have a couple of questions regarding criminality and criminal rehabilitation and how it affect my chances of PR.

Im applying for PR(outland even though im living in canada) through the spousal route and just received back my acpo clearance certificate and to my horror it came back with "live trace" stating my charge and conviction from 2002. I was expecting it to come back saying "no live trace" as enough time had past since the date of conviction and no other criminal activity, I have put the conviction on my PR application.
I am using a immigration lawyer here in vancouver (which costing around 6k$)
and she is telling us because it was minor offence and over 5yrs ago that it will be a none issue but might cost us more $$$$ and take longer.
But after reading some of the threads on here, we are little unsure if we are getting the right info from the lawyer and end up throwing good money after bad.
Can anyone shed some light and point us in the right direction
upthedale is offline  
Old Jan 12th 2010, 8:56 am
  #2  
Forum Regular
 
zednought's Avatar
 
Joined: Nov 2008
Location: South of heaven, west of hell
Posts: 127
zednought will become famous soon enough
Default Re: Can anyone help please!!!

I think people here will need more information on the nature of the offence(s) in order to help you with your main question. I'm kind of surprised that a criminal conviction from 2002 would still appear on your ACPO certificate as well. This would suggest that the nature of the conviction was serious enough to prevent it from being "stepped down".
zednought is offline  
Old Jan 12th 2010, 9:07 am
  #3  
Just Joined
Thread Starter
 
Joined: Nov 2009
Location: vancouver canada
Posts: 8
upthedale is an unknown quantity at this point
Default Re: Can anyone help please!!!

Yeah sorry babbling on! it was for assault which i got a fine for.

Last edited by upthedale; Jan 12th 2010 at 9:18 am. Reason: spelling
upthedale is offline  
Old Jan 12th 2010, 10:19 am
  #4  
Forum Regular
 
zednought's Avatar
 
Joined: Nov 2008
Location: South of heaven, west of hell
Posts: 127
zednought will become famous soon enough
Default Re: Can anyone help please!!!

I quick scan of the retention of records guidelines tells me that this offence will take 12 years to step down. So this is going to show on your police cert. until 2014 at least.

Your real issue now is how Canada would view this offence (can't help with that). However, your immigration lawyer seems convinced this shouldn't be an issue. I suspect the reason she's suggesting it will take more money (and time) is because she'll want to put in a formal application for rehabilitation. Which does have a cost and time side-effect. Dependant upon several other factors you might get away with not doing this -- effectively relying on an immigration officer to "deem" you rehabilitated. This might be a risky approach. Given you've already employed an immigration lawyer your best bet might be to take her advice.
zednought is offline  
Old Jan 12th 2010, 1:08 pm
  #5  
Forum Regular
 
Joined: Apr 2009
Posts: 116
ScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond reputeScottyB has a reputation beyond repute
Default Re: Can anyone help please!!!

Hi upthedale,

Have a look at the following link which is my experience of the Criminal Rehab Route also with an assault charge from 2001.

http://britishexpats.com/forum/showthread.php?t=647159

You do not need the lawyer to apply for rehab, the links to the info on the CIC website are in my thread and it will cost you 200 CAD to submit.

If it needs a referal to a Minister it is an additional 800 CAD however being assault and being 7 years ago i doubt this will be necessary (But not guaranteed of course)

Any questions or problems with the forms, getting copies of proof of paying your fine, completing community service etc drop me a PM i will tell you how i managed it.

All the lawyer will do is check the forms and charge you a fortune for the pleasure!!!

Regards

ScottyB
ScottyB is offline  
Old Jan 12th 2010, 5:30 pm
  #6  
Just Joined
Thread Starter
 
Joined: Nov 2009
Location: vancouver canada
Posts: 8
upthedale is an unknown quantity at this point
Default Re: Can anyone help please!!!

Thanks all for your advice....After reading scottyb's thread about this matter, it seems concerns about are advice from the lawyer is well grounded! Like i said stated before she reckons no rehab will be needed! but it seems we would be just taking a chance if we dont apply for one.
The last thing we want is for this to drag on 18 months or so and be 10k lighter and still have the application refused
As my status in canada is still only a tourist and having to apply for extensions each 5 months or so! a service my lawyer will be happy to provide at 1.5k a shot
upthedale is offline  
Old Jan 12th 2010, 6:12 pm
  #7  
Just Joined
 
Joined: Oct 2009
Location: Ontario
Posts: 16
Jonny B is an unknown quantity at this point
Default Re: Can anyone help please!!!

Here are the rehabilitation forms, the guide gives an idea of your situation. Basically, take your offence, imagine what they would have convicted you of in Canada and when you would be deemed rehabilitated. Usually it is 5 years or more if it an 'indictable offence'. Have a google of canadian criminal codes too


http://www.canadainternational.gc.ca....aspx?lang=eng

this may make for good reading..

http://www.canadaimmigrationlaw.net/...onvictions.htm
otherwise trawl through the forum, plenty of people on here have similar experiences.
JB

Rochdale fan?! My buddys a Bury fan, loves the stadium walk on derby day. im 'Chester till i die'
Jonny B is offline  
Old Jan 12th 2010, 7:47 pm
  #8  
Just Joined
Thread Starter
 
Joined: Nov 2009
Location: vancouver canada
Posts: 8
upthedale is an unknown quantity at this point
Default Re: Can anyone help please!!!

WOW that as blown me away i must have read this 20 times and its still not sinking in..am i missing something?
http://www.canadaimmigrationlaw.net/...onvictions.htm
Because my case was heard in the uk by a magistrate court and not a crown court does it make my offence a summary one or a indictable one?
I have trawled the canadian criminal code and still none the wiser!!!
Am i right in thinking if it was a indictable offence then the case would have gone to crown court???

hey jonny i bet your buddy is sick to see dale at the top of the league its always a good game when we play bury easy 3pts
Its about time they sorted things out at your club and get back in the league were they belong but i cant see it happening this season though

UPTHEDALE
upthedale is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.