Criminal back ground
Feb 20th 2018, 3:32 pm
#16
Joined: Sep 2008
Posts: 12,830
Re: Criminal back ground
Hi there I'm living in Canada on a temporary work visa and applying to permanent residency I do have criminal background 1991 grievous bodily harm sentence to 6 months,2004 dui 12 month ban fine 100 pounds,2005 damage to property fine 250 pounds with these convictions would this stop me from becoming a permanent resident of Canada considering the amount of time that has lapsed and no other convictions since I do have two children that are Canadian citizens would this help also as if I'm found that I can't stay I wouldn't get to see my children any advice welcome
Feb 20th 2018, 3:34 pm
#17
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Feb 20th 2018, 4:33 pm
#18
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Joined: Oct 2007
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Re: Criminal back ground
Not being asked about it doesn't mean somebody that is inadmissible suddenly becomes admissible though. Such a person shouldn't have tried to seek entry - the onus is on the traveller to know the rules.
Feb 20th 2018, 4:38 pm
#19
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Re: Criminal back ground
That is the ethical argument. Many enter with criminal records some who know they are inadmissible and others that don't.
Mar 9th 2018, 8:28 am
#20
Forum Regular
Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
Hi all,
Sorry to jump on here. I'm looking into criminal backgrounds as I want to sponsor my fiance... and came across the following on the CIC website:
What I understand from this is that IF ten years have passed then you are automatically deemed rehabilitated and you don't need to apply for it.
Can anyone shed some light or am I interpreting it wrong?
(background - convicted of common assault aged 18 - no prison - 6 months probation. Now almost 31 years old with a mortgage, family and full time employment throughout. Basically he was caught up in a pub brawl and everyone got nicked...
)
Thanks in advance from a newbie!
Sorry to jump on here. I'm looking into criminal backgrounds as I want to sponsor my fiance... and came across the following on the CIC website:
Rehabilitation
What is rehabilitation?
Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.
You are eligible to apply for rehabilitation if you have:
committed an act outside of Canada and five (5) years have elapsed since the act;
been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.
Eligibility for rehabilitation
This section gives a summary of the type of offences and length of rehabilitation periods.
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after commission of the offence.
You are eligible to apply for rehabilitation: five (5) years after commission of the offence.
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
You are deemed rehabilitated: not applicable.
You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
You are eligible to apply for rehabilitation: not applicable.
What is rehabilitation?
Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.
You are eligible to apply for rehabilitation if you have:
committed an act outside of Canada and five (5) years have elapsed since the act;
been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.
Eligibility for rehabilitation
This section gives a summary of the type of offences and length of rehabilitation periods.
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after commission of the offence.
You are eligible to apply for rehabilitation: five (5) years after commission of the offence.
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
You are deemed rehabilitated: not applicable.
You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
You are eligible to apply for rehabilitation: not applicable.
Can anyone shed some light or am I interpreting it wrong?
(background - convicted of common assault aged 18 - no prison - 6 months probation. Now almost 31 years old with a mortgage, family and full time employment throughout. Basically he was caught up in a pub brawl and everyone got nicked...
)Thanks in advance from a newbie!
Mar 9th 2018, 9:07 am
#21
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Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,035
Re: Criminal back ground
Hi, and welcome to BE.
Not necessarily, as it depends on the offence. But it certainly sounds to me as though your fiancé would be deemed rehabilitated from what you've said.
Just checking, but he hasn't entered Canada prior to the 10 years being up?
Just checking, but he hasn't entered Canada prior to the 10 years being up?
Mar 9th 2018, 9:10 am
#22
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Re: Criminal back ground
Hi all,
Sorry to jump on here. I'm looking into criminal backgrounds as I want to sponsor my fiance... and came across the following on the CIC website:
What I understand from this is that IF ten years have passed then you are automatically deemed rehabilitated and you don't need to apply for it.
Can anyone shed some light or am I interpreting it wrong?
(background - convicted of common assault aged 18 - no prison - 6 months probation. Now almost 31 years old with a mortgage, family and full time employment throughout. Basically he was caught up in a pub brawl and everyone got nicked...)
Thanks in advance from a newbie!
Sorry to jump on here. I'm looking into criminal backgrounds as I want to sponsor my fiance... and came across the following on the CIC website:
What I understand from this is that IF ten years have passed then you are automatically deemed rehabilitated and you don't need to apply for it.
Can anyone shed some light or am I interpreting it wrong?
(background - convicted of common assault aged 18 - no prison - 6 months probation. Now almost 31 years old with a mortgage, family and full time employment throughout. Basically he was caught up in a pub brawl and everyone got nicked...
)Thanks in advance from a newbie!
From the website
If you think you are eligible, be sure you have these documents if you travel to Canada:
passport or birth certificate plus photo identification
a copy of court documents for each conviction, and proof that all sentences were completed
a recent criminal record check
a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.
https://www.canada.ca/en/immigration...ilitation.html
Mar 9th 2018, 9:17 am
#23
Forum Regular
Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
In your case of a common assault charge then yes you would be deemed rehabilitated as the penalty under section 266(a) Criminal Code Of Canada on indictment is a term of imprisonment not exceeding 5 years.
From the website
If you think you are eligible, be sure you have these documents if you travel to Canada:
passport or birth certificate plus photo identification
a copy of court documents for each conviction, and proof that all sentences were completed
a recent criminal record check
a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.
From the website
If you think you are eligible, be sure you have these documents if you travel to Canada:
passport or birth certificate plus photo identification
a copy of court documents for each conviction, and proof that all sentences were completed
a recent criminal record check
a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.
We are currently awaiting the ACPRO certificate.
I have no idea how to get court documents and proof the sentence was completed? If you have any suggestions? Or will that show on the ACPRO?
And how is the ACPRO different from a police certificate?
There is far too much to think about and do to move to Canada! (Easy for me I'm a citizen!)
Also if we get the ACPRO now but don't get approved/move for 12-18 months do we then need to get another closer to when we land?
Many TIA.
Mar 9th 2018, 9:33 am
#24
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Re: Criminal back ground
Thank you. That is a massive relief.
We are currently awaiting the ACPRO certificate.
I have no idea how to get court documents and proof the sentence was completed? If you have any suggestions? Or will that show on the ACPRO?
And how is the ACPRO different from a police certificate?
There is far too much to think about and do to move to Canada! (Easy for me I'm a citizen!)
Also if we get the ACPRO now but don't get approved/move for 12-18 months do we then need to get another closer to when we land?
Many TIA.
We are currently awaiting the ACPRO certificate.
I have no idea how to get court documents and proof the sentence was completed? If you have any suggestions? Or will that show on the ACPRO?
And how is the ACPRO different from a police certificate?
There is far too much to think about and do to move to Canada! (Easy for me I'm a citizen!)
Also if we get the ACPRO now but don't get approved/move for 12-18 months do we then need to get another closer to when we land?
Many TIA.
To immigrate to Canada, you and any family members 18 and older must include your police certificates as part of the application for permanent residence. You need one for every country, other than Canada, where you stayed for more than 6 months in a row.
If you need one from the country where you currently live, it must have been issued within the last 6 months.
If you need one from a country where you lived in the past, it must have been issued after you last lived in that country. If it has an expiry date and is now expired, include it. We will let you know if you need a new one.
https://www.canada.ca/en/immigration...d-kingdom.html
The Police certificate will not indicate if the sentence was completed in full so that information will be needed from other sources if possible or a letter of explanation. Parole boards should have info on parole and magistrates courts on if fines were paid or other conditions imposed.
Dont stress too much over it.
Mar 9th 2018, 9:44 am
#25
Forum Regular
Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
Actually, we visited in 2011 - prior to ETA's and I didn't know about the charge then... will that be a non starter? Or will they see that and do their nut? It was still more than 5 years after the end of his sentence...
Mar 9th 2018, 9:45 am
#26
Forum Regular
Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
ACRO is the body that issues Police certificates in association with the ACPO.
To immigrate to Canada, you and any family members 18 and older must include your police certificates as part of the application for permanent residence. You need one for every country, other than Canada, where you stayed for more than 6 months in a row.
If you need one from the country where you currently live, it must have been issued within the last 6 months.
If you need one from a country where you lived in the past, it must have been issued after you last lived in that country. If it has an expiry date and is now expired, include it. We will let you know if you need a new one.
The Police certificate will not indicate if the sentence was completed in full so that information will be needed from other sources if possible or a letter of explanation. Parole boards should have info on parole and magistrates courts on if fines were paid or other conditions imposed.
Dont stress too much over it.
To immigrate to Canada, you and any family members 18 and older must include your police certificates as part of the application for permanent residence. You need one for every country, other than Canada, where you stayed for more than 6 months in a row.
If you need one from the country where you currently live, it must have been issued within the last 6 months.
If you need one from a country where you lived in the past, it must have been issued after you last lived in that country. If it has an expiry date and is now expired, include it. We will let you know if you need a new one.
The Police certificate will not indicate if the sentence was completed in full so that information will be needed from other sources if possible or a letter of explanation. Parole boards should have info on parole and magistrates courts on if fines were paid or other conditions imposed.
Dont stress too much over it.
Mar 9th 2018, 9:59 am
#27
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Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,035
Re: Criminal back ground
Best of luck.
Mar 9th 2018, 10:34 am
#28
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Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
Mar 9th 2018, 11:24 am
#29
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Joined: Oct 2007
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Re: Criminal back ground
But although they may look at it, as long as he tells the truth he will hopefully be fine.
Mar 9th 2018, 11:55 am
#30
Forum Regular
Joined: Mar 2018
Location: London
Posts: 74
Re: Criminal back ground
They don't ask, unfortunately the onus is on the traveller to know if they're inadmissible or not. Deemed rehabilitation (as is the case now) only applies after 10 years from the sentence, between 5 years and 10 years rehab would normally be needed to enter Canada.
But although they may look at it, as long as he tells the truth he will hopefully be fine.
But although they may look at it, as long as he tells the truth he will hopefully be fine.
