steveo2

Can I get into Canada with a criminal record 20 convictions, with a term of imprisonment 9 months.
All these convictions are 18 yrs old , and spent under uk law. I would like to go over on the P N PROGRAM

Anybody got any advice please

PMM

Hi

Probably not, you would have to have the convictions equated to Canadian offenses to determine what the maximum sentence would be under the Criminal Code. If it is a conviction that you could have got more than 10 years you are inadmissible.

stumags

My skilled worker application was submitted Aug 04'. Jan 07' I received a request for updated police certificates & a 'memorandum of a conviction' for petty theft (£20 fine), which I received 19 years ago when I was only 17. The police certificates were easily obtained, but the convicting court was unable to supply any info on the conviction, as they do not retain hard copy files or computer records for such a long period of time. A letter from the court fully explaining this was supplied, and all documents were sent mid Feb 07'. As part of my application, I have already included a form for criminal rehabilitation, three character references from two serving police officers and a bank manager, as well as a complete description of the events. Heard nothing for 5 months, now the CHC are insisting that I obtain a memorandum of conviction, specifying value of stolen goods. They also now want to know under which statute of UK law I was convicted. Apparently theft is not a statutory crime, it is common law. It's no wonder the processing times are so ridiculous!

Where do I go from here?

Andrew Miller

Officer must assess your offence, charge and conviction under Canadian law (if it would have been committed in Canada) to see what is the max penalty for it under Canadian law. Only then s/he can determine if you can be deemed rehabilitated or still need CR application, regardless time passed. Without requested information determination cannot be made or it may take long time. Without making a determination in your favor you will be inadmissible to Canada.

So, stop blaming visa post and get on it.

stumags

I'm well aware of the reasons why this information is being requested, but how can I still be expected to supply this information, when the convicting court has made it crystal clear that the details of the conviction no longer exist? Although I'm not proud of the conviction, I've been totally upfront from the outset, and have nothing to hide. I intend to submit a statutory declaration of what I beleive was the value of the goods stolen in 1988, as well as a second letter from the court.

Andrew Miller

How court records cannot exist anymore? If particular court claims that they don't have it then likely they forwarded records somewhere else, not erased them. Court records are permanent and should be kept somewhere. Keep looking.

I can't tell you to take easy way by providing what you think is enough - it may or may not work. I can only tell you to look for records, they are somewhere.

stumags

I can assure you Andrew, the convicting court has made it perfectly clear that records for an offence of this nature are not retained on computer or hard copy for such a long period of time.
I have also contacted the Police Data Protection Unit, the Procurator Fiscal and even the Criminal dept. of the Home Office in London. They all gave me exactly the same response - "Due to the timescale involved and the nature of the crime, no details of the conviction will be kept on record, anywhere!"
I even contacted a criminal defence lawyer for advice. He told me that only the police will retain certain details including:- Name & DOB of individual, Date of conviction, Type of conviction, and Punishment handed out.
Exactly what was on the police certificates. This is apparently for courts to refer to, should a person be convicted for another offence at a later stage.