cat6

Some advice would be appreciated on this one!

We have applied for immigration under the Skilled Worker programme. We got our AOP about a month ago, so the long wait begins. BUT I suddenly remembered something which I really hope isn't going to affect the application.

About 9 or 10 years ago, just after they started the penalty fare thing on the trains in the UK, I got caught without a ticket (I could give the long version of the story, where I explain why it was actually a genuine mistake, but it's not really relevant!), and was one of the unlucky few who was actually taken to court (although I didn't actually have to appear) and given a £60 fine, rather than simply being relieved of £10. So the crime was evasion of a £5 rail ticket.

Will this be on my police record? And if so, is there anything I can do about it?

Any advice would be really appreciated!

Thanks

Jim Humphries

This will not be a serious problem so do not worry too much over it.

cat6

Thanks, Jim. That's reassuring!

Alberta_Rose

IF however, it DOES show up on your police reports, you may have to give details of court records, the offence and the fine. It won't be a barrier to your entering Canada though, I am sure.

I think I'd say pay the 12 pounds or whatever to get copies of your police records, even though the CHC don't want it yet, just to set your own mind at rest. If it does show you don't want to be scrabbling around at the last minute trying to find records.

cat6

That's a good thought, Morwenna. Maybe I'll do that.

singingringingtree

I am pretty sure that this sort of record is considered 'spent' and therefore 'ignored' from five years after the date of conviction and then does not have to be declared on job applications, etc. I would assume therefore that this would not affect your application in any way. I am no expert though!

cherrypie25

I am applying in Canada common law and on my application where it asks about any convictions and charges I put no. Well I just recieved back my UK police report and on it is something from when I was 15, 10 years ago I got caught shoplifting and was given 12 months conditional discharge and a 20 pound fine. I thought that youth crimes where taken off your record when you turn 18, how wrong I was! Now what do I do about it? Any suggestions?

Jim Humphries

The lesson here is that a conviction is a conviction and should be reported. There is no concept of "spent" in Canada's immigration law. You will have to report it and explain your confusion about the status of a juvenile conviction of so many years ago.

cherrypie25

So should I send them my police report Along with a covering letter explaining that I did not know that Juvinile records stayed on my record? That I did not intend for my application to be misleading? Because I honestly didn't do it on purpose. Should I wait till I get AIP and they ask me for my UK certificate or should I send it now? I applied in March this year.

Jim Humphries

If you are sponsored as a common-law spouse then you should send it in now with your explanation.

cherrypie25

Do you think this will affect my chances of becoming a PR? I was so young when it happened. And Should I also print out a new Background declaration saying I was charged and convicted?

BackToCanada

Spent convictions are in Canada, and therefore do ripple over to Immigration. My husband had a conviction at 18, and it's now 'spent' in Australia and does not show on his record. We applied for rehabilitation for Canada as the first step of our Canadian immigration for him, and Canada did not take our money and instead sent us an official letter for him to carry that his situation has been examined and it's spent and of no consequence to Canada.

You can read lots more on this document about criminal convictions and immigration: http://www.cic.gc.ca/english/resourc...enf/enf14e.pdf

Jim Humphries

You do have to report spent convictions and the visa officer would then determine whether rehabilitation can be deemed to have occurred. This is much better than the old Act which was much less flexible. The new Act allows senior visa officers at the post to do the "deeming". In the instant case I see no problem for the applicant given the confusing situation one faces with in and out of Canada laws and attitudes.

cherrypie25

So should I write out a new background declaration or just the police report and a covering letter?

Jim Humphries

That would be the best way.