marcin6205

Hi guys.
I have received the conditional acceptance letter from IEC,for working holiday and now the worst.
i have applied for police certificate and it show my past conviction for :
Driving without due care and attention on 01/06/2008
Failing to stop after accident on 01/06/2008
Please advise me , will i be inadmissible to come to Canada as worker ???

If i apply for rehabilitation will they still look on me like on criminal ????
I have fine total £262 and 6 points on to license
Please help me as my head will explode

ritchieee

Hi, don't you have to declare any convictions when you apply for IEC? I'm sure that was asked when I was applying for mine.

Former Lancastrian

Depending how CIC equate the offences to either section 249 or 252 of the Criminal Code of Canada both are indictable offences and therefore would render you inadmissible. You are eligible to apply for individual rehabilitation.

Failure to stop at scene of accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

I tend to think CIC will equate it to section 252 as opposed to section 249
http://laws-lois.justice.gc.ca/eng/a...3.html#docCont

christmasoompa

This. ^^^^

OP, did you lie on your application, or were you not asked at any point?

As FL said, you're currently inadmissible to Canada so would need to apply for rehab.

FlyingDutchman6666

The Canadian statute requires "intent to escape civil or criminal liability", the UK one doesn't. That's a major difference.

Wouldn't CIC need to look at the particulars of the case to determine if there was intent?

magnumpi

This is An eye opener for applicants. I suspect the Op thought that driving conviction did not count, and therefore technically did not lie, but they do. Oops!!

Take note anyone else who thinks otherwise

Former Lancastrian

Basically CIC would compare the 2 offences side by side and see if the offences equate
Equivalency can be determined three ways:
 by comparison of the precise wording in each statute both through documents and, if available, through the evidence of an expert or experts in the foreign law with a view to determining the essential ingredients of the respective offences;
 by examining the evidence adduced before the member of the Immigration Division, both oral and documentary, to ascertain whether or not that evidence was sufficient to establish that the essential ingredients of the offence in Canada had been proven in the foreign proceedings, whether precisely described in the initiating documents or in the statutory provisions in the same words or not; or
 by a combination of the two.

So one might ask why does a person fail to remain at the scene of an accident and the Canadian offence is greater than the UK one for equating so IMHO they would equate.

marcin6205

Thanks for replying to all.
I had no intention to escape of any liability. That was my dad's car I have badly smashed my head on to windscreen as it's cracks. I can't explains why have I done it. After few hours I have called police and explains the story. But was to late to come back to it. I have just been scared of my father as the car was his toy .

Former Lancastrian

When applying for the IEC what was the wording on the question that asks about criminal convictions?
Does it say have you ever been arrested or convicted of an offence or a criminal offence?
CIC could also look at that as misrepresentation and refuse you just by answering that question as NO regardless of the conviction on your ACPO.
CIC/CBSA are only interested in convictions not sob stories or excuses.

magnumpi

But it's a driving conviction? Not a DUI obviously just a driving thing. What bout speeding, undue care or no insurance, would they count too ?

Former Lancastrian

If they equate to offences under Canadas Criminal Code then Yes.
Motor vehicle offences in the Criminal Code are found in sections 249 to 253 and punishments under section 255 in most cases.
Street racing is a criminal offence as is being involved in a police chase.
No insurance is not a Federal Statute so not criminal and a normal speeding ticket isn't considered a criminal offence either.

magnumpi

Ok I was just debating, it maybe difficult for some to distinguish between criminal and non criminal when it comes to driving offences, hence why the OP may have just made an honest mistake on his form.

Former Lancastrian

No harm in that as even DUI falls under the Road Traffic Act. That why Im interested in the wording on the IEC application form about arrested and convicted of an offence or does it say criminal offence. Could be viewed as an honest mistake and because of the conviction and equation CIC/CBSA would find that as the inadmissibility and not misrepresentation.
I always ask the question have you been convicted of any offence anywhere in the world. That way no ambiguity.

MrFloyd

Applying at the CIC stage, amongst the many options it asked if you have committed a criminal offence, I'm guessing you said 'no' at that point, which does make it more awkward.

In my opinion and experience just having the offences on your report isn't a guarantee you are definitely inadmissable - but not declaring them and then sending that report with them on it... That wouldn't make them look at you particularly favourably. I would suggest sending them a message/email, stating you would like to declare it as you weren't aware it was a criminal offence, before you send the report. Being upfront and honest and giving them the information is a better way to approach it I believe.

Don't completely take my word for it though. I'd wait to see what others think too.

christmasoompa

DUI is a criminal offence in the UK too. Most driving offences are civil though, but DUI isn't one of them.

+1. I'd do the same. The big potential problem is that the OP's lied on his application, the needing rehab isn't an issue really, but he's just got to hope that CIC don't think he tried to commit misrepresentation.

All he can do now is be honest and apply for rehab asap.