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Careless Driving criminal rehabilitation

Careless Driving criminal rehabilitation

Old Feb 2nd 2009, 10:46 pm
  #1  
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Default Careless Driving criminal rehabilitation

Dear all,
I have been researching the forum and the cic and would like to ask what the next stage is.
My partner was convicted in a Scottish court for careless driving in June 2003, banned from driving for 4 months and fined 500 pounds. She ran a red light at a pedestrian crossing. No one injured, no drink driving!! The conviction code was CD30. (First and only offence)
We are hoping to go down the CAT1 FSW.
Do we write to CIC london ticking the information only box, then apply for a pardon? or does the cic person send information back saying that you are rehabilitated and proceed with application?
I am able to provide all information to CIC in a truthful and correct manner.
Thank you
Fernie

Last edited by fernie; Feb 2nd 2009 at 10:51 pm.
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Old Feb 2nd 2009, 11:06 pm
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Default Re: Careless Driving criminal rehabilitation

Originally Posted by fernie
Dear all,
I have been researching the forum and the cic and would like to ask what the next stage is.
My partner was convicted in a Scottish court for careless driving in June 2003, banned from driving for 4 months and fined 500 pounds. She ran a red light at a pedestrian crossing. No one injured, no drink driving!! The conviction code was CD30. (First and only offence)
We are hoping to go down the CAT1 FSW.
Do we write to CIC london ticking the information only box, then apply for a pardon? or does the cic person send information back saying that you are rehabilitated and proceed with application?
I am able to provide all information to CIC in a truthful and correct manner.
Thank you
Fernie

You need to find the equivalent on the Canadian system for careless driving, I think criminal rehabilitation, information only will probably be your best route right enough. A few have done that on here hopefully someone will be along with information on it.

Good luck

Danny
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Old Feb 2nd 2009, 11:09 pm
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Default Re: Careless Driving criminal rehabilitation

Fernie,

By my calculation the driving ban expired in October 2003. Assuming the fine was paid-off by then you would be eligible to apply for rehabilitation in October 2008 (which has now passed, phew!). Therefore, make an application for approval of rehabilitation on form IMM1444, i.e. tick box 1.

Information Only applications are for those who are not yet eligible to apply for rehabilitation.

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Last edited by zednought; Feb 2nd 2009 at 11:12 pm.
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Old Feb 3rd 2009, 5:53 am
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Default Re: Careless Driving criminal rehabilitation

Hi

You need to apply for Rehabilitation. Be prepared for a very long wait though - my hubbys took 7 months !!!
The Embassy lost the all paperwork - found it 10 days later and then said it would take a further 60 days to process, and they kept to the 60 days!!! Still wonder why the letter was dated a month before we actually received it?

Sue
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Old Feb 3rd 2009, 7:50 pm
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Default Re: Careless Driving criminal rehabilitation

Thank you all for your replies. I will start the paperwork to get the ball roling.
Fernie
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Old Feb 4th 2009, 5:25 am
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Default Re: Careless Driving criminal rehabilitation

Hi

Originally Posted by fernie
Thank you all for your replies. I will start the paperwork to get the ball roling.
Fernie
You should realize that Careless driving is not a criminal code offence in Canada? It is usually in the provincial motor vehicle act. If the careless driving can be equated to Dangerous Driving, which is a Criminal Code offence, then you would require rehabilitation, but if it is only careless driving you don't. In Ontario

Penalties

"A conviction for careless driving is punishable by a minimum fine of $200. The maximum fine is $1,000. If you're convicted, the court also can suspend your licence for up to two years and even put you in jail for up to six months. Under a Provincial Offences Act regulation a victim fine surcharge of between 20 and 25 per cent is added to the fine."
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Old Feb 4th 2009, 8:23 pm
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Default Re: Careless Driving criminal rehabilitation

Thank you PMM, yes when I Googoled careless driving Canada, it was only Ontario that mentioned careless driving. It was not dangerous driving as that could have been a charge that the Scottish Proculator fiscal wanted to press for but the Judge quoted a case and said that it was not dangerous driving, it was careless driving. I have researched the Canadian law web site to try and find a similar conviction but cannot find one.
With this information in mind, do I tick the box on my application form, to say yes my partner was charged with a criminal offence, and supply all details to allow the Immigration officer to decide?
Or should we apply for rehabilitation and if they deem the rehabilitation not to be required they would refund the fee. (As per cic web pages)
Thank you all again
Fernie
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Old Feb 4th 2009, 11:55 pm
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Default Re: Careless Driving criminal rehabilitation

Fernie,

The answer to your first question should be clear. The form asks whether you (or your partner) have ever been charged with a criminal offence; the answer is affirmative. You should still seek to obtain official rehabilitation from the CHC. As PMM has suggested, because the charge has no analogue under Canadian law that would make your partner inadmissable you shouldn't have any problems. You will, however, have to supply the details and it is a Canadian immigration officer who needs to make final decision. Withholding information would be inadvisable. I wouldn't fret about it too much, it's just another hoop you'll have to jump through to reach your goal.

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