Lily2498

Hello Former Lancastrian,

I have another few questions i would like to ask you and would be thankful for the help . Not long ago we spoke to a canadian immigration consultant , about qualifications , points and pretty much everything to start our process . We were thinking of hiring him then the part that had to do with my criminal incident got me a little suspicious .

We fax him my court papers and he told us that i wasn't convicted so not inadmissible to Canada which was good news .Then he said that even if I had been convicted it would still fall under the deemed rehabilitation because it was over 10 years ago... Base on his advertisement he also does criminal application for clients .

I thought that you can't never be deemed rehabilited if more than one conviction?
He said that my two charges count as one because it was from the same incident ..is it true ?
What about me being charge for aggravated assault at first but plea deal was made for lesser charges of simple assault and reckless conduct .. Let just say I had to go through deemed rehabilitation would CIC only use the actual charges? Or What i was charge first ?( aggravated assault ) Can you please clear this out for me. I don't want to hire someone who might not actually know what he's talking about so that's why i would really appreciate your opinion on this.Thank you .

Former Lancastrian

Inadmissibility is based on the literal charge and conviction and what the charge was. Yes the 2 x charges only count as one as the initial charge was reduced. If only one conviction and 10 years has elapsed and the sentence was completed in full then you will be deemed rehabilitated.

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
A36(2)(b)

Lily2498

So if i understand right he was correct right? Thank you again.

mika24me

Bumping an old thread

I was wondering if anyone can help me. I've established that my hubby will need to apply for rehabilitation earlier in the thread, but we don't have the dates of his convictions which were all in Scotland. We could estimate months and years but that would be about it. Through disclosure Scotland I can only get a basic police check which doesn't include spent convictions (which his are) so my question is, do I need the exact dates to apply for rehabilitation and if so does anyone know how I get it?

TIA

Former Lancastrian

IMHO you should be applying for the Police Certificate as per this link
http://www.cic.gc.ca/english/informa...ed-kingdom.asp and then send that with the rehab package as the ACPO cert should have all the necessary info on it.

mika24me

Thanks so much, nice to have this clarified before I do anything

worriedmom

for Former Lancasterian Hello

I have posted here before and always got good advise from you.
After an exclusion order/overstay has lapsed/12 months will there be issues getting back into Canada?
Will it be necessary to apply for an ARC?
PR spousal application currently being processed in London
Lastly charged in Canada with assault but no conviction.Crown issued Stay of Proceedings after party departed Canada.
Any help very worried people here,Thanks so much

Former Lancastrian

If just an Exclusion Order and 12 months have gone then can return without the ARC. Might be sent into Immigration secondary for a quick chat though.

worriedmom

Thanks for that any thoughts on last point "stay of Proceedings" and the chance that it could cause problems re inadmissibility..just that's there time now to check all this out before he-- my son returns in April.Thanks again much appreciated.

Former Lancastrian

My guess is the Crown stayed the proceedings on the basis of the Exclusion order so it shouldnt cause any further problems.

An order preventing, either temporarily or permanently, any further action on a prosecution. Crown prosecutors have a power under the Criminal Code to temporarily stay proceedings for a period not exceeding one year, and judges can permanently stay proceedings as a remedy for a Charter breach.
A suspension of the court proceedings. For up to one year, the Crown may lift the stay and re-institute the proceedings. After one year the matter is stayed permanently

worriedmom

Thank you very much guess thats something less to worry about.
Happy New Year