Criminal convictions

Old Nov 28th 2016, 9:00 pm
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Default Criminal convictions

Hi guys,

I'm looking for some advice. I have just applied for an IEC visa and if i get one will be looking for a skilled job so my OH can also get a work permit.

The problem we have is we are worried that past convictions may be an issue. We initially hired what we thought was an immigration lawer although I think he is actually a consultant when we have asked about the convictions he made us wait a while when looking into it but said he's not sure should be ok as over 10 years. This is worrying us a bit as we wouldn't want to get there and not be allowed in.

My OH had a DUI which he got 18 month ban reduced to 12 and a fine(random stop no accident) . He also has 2 fines for using threatening language after having a drink which was a few months after the dui. He was very young at the time and going through some personal issues but after that period he completely changed and has not been in any trouble since. All convictions were over 10 years ago.

My question is would he be deemed rehabilitated due to the passage of time or would we need to apply for rehab as there is more than one conviction?

From my understanding summary convictions would be ok which I think the 2 fines are but the dui my be indictable and if that's the case how does it work with one indictable offence and 2 summary offences?

Any help really appreciated thanks
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Old Nov 28th 2016, 9:21 pm
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Default Re: Criminal convictions

Basically one indictable offence only deemed rehabilitated after 10 years provided any sentence imposed was completed in full and is not a serious criminal offence as per section 36(1) of the Immigration & Refugee Protection Act. If it is deemed a serious criminal offence then will never be deemed rehabilitated.
Two indictable offences then must apply for individual rehabilitation.
Any summary offences are removed after 5 years HOWEVER it must equate to a summary offence in Canada and not be a hybrid offence i.e. summary or indictable.

IMHO he should be fine unless those offences committed in the UK are hybrid offences in Canada. If the offences equated to section 175(1) of the Criminal Code of Canada then they are summary offences only.
Without seeing the actual charges Im just making a best guess or with whatever is shown on a police certificate.
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Old Nov 28th 2016, 9:47 pm
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Default Re: Criminal convictions

Originally Posted by Former Lancastrian
Basically one indictable offence only deemed rehabilitated after 10 years provided any sentence imposed was completed in full and is not a serious criminal offence as per section 36(1) of the Immigration & Refugee Protection Act. If it is deemed a serious criminal offence then will never be deemed rehabilitated.
Two indictable offences then must apply for individual rehabilitation.
Any summary offences are removed after 5 years HOWEVER it must equate to a summary offence in Canada and not be a hybrid offence i.e. summary or indictable.

IMHO he should be fine unless those offences committed in the UK are hybrid offences in Canada. If the offences equated to section 175(1) of the Criminal Code of Canada then they are summary offences only.
Without seeing the actual charges Im just making a best guess or with whatever is shown on a police certificate.
Thank you for replying so quickly the offences are below.
As stated in police cert:
1) using threatening, abusive, insulting, words or behaviour fine £50

2) using threatening, abusive, insulting, words or behaviour with intent to cause fear or provocation of violence fine £100

In both cases he'd had too much to drink and police caught him arguing with another drunk person.

Do you think they are hybrid or will we be ok?
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Old Nov 28th 2016, 10:30 pm
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Default Re: Criminal convictions

Causing disturbance, indecent exhibition, loitering, etc.

175 (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
is guilty of an offence punishable on summary conviction
Criminal Code

I think he should be ok CIC will make the final decision as the application for IEC is processed by them.
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Old Nov 28th 2016, 10:39 pm
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Default Re: Criminal convictions

Originally Posted by Former Lancastrian
Causing disturbance, indecent exhibition, loitering, etc.

175 (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
is guilty of an offence punishable on summary conviction
Criminal Code

I think he should be ok CIC will make the final decision as the application for IEC is processed by them.
Thank to so much was really stressing about this.

I'm the one applying for the IEC he will apply for a work permit off the back of this once I'm in a skilled job. Will this be looked at when he applys for the permit and if so as long as he gets the permit we would be allowed in at the border?
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Old Nov 28th 2016, 10:43 pm
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Default Re: Criminal convictions

Originally Posted by Sian22040
Thank to so much was really stressing about this.

I'm the one applying for the IEC he will apply for a work permit off the back of this once I'm in a skilled job. Will this be looked at when he applys for the permit and if so as long as he gets the permit we would be allowed in at the border?
Personally, I wouldn't risk him being turned away at the border. I'd do an 'info only' app now so that you know for sure if he will be allowed in or is criminally inadmissible.

It would just be awful if you had your IEC and were all set to go, and he turned out to not be able to join you.

If you do an 'info only' app, then hopefully it will say he's not inadmissible, but even if it does say he is, then at least you'd know and could apply for rehab for him before you go.

HTH, good luck.
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Old Nov 28th 2016, 11:07 pm
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Default Re: Criminal convictions

Originally Posted by christmasoompa
Personally, I wouldn't risk him being turned away at the border. I'd do an 'info only' app now so that you know for sure if he will be allowed in or is criminally inadmissible.

It would just be awful if you had your IEC and were all set to go, and he turned out to not be able to join you.

If you do an 'info only' app, then hopefully it will say he's not inadmissible, but even if it does say he is, then at least you'd know and could apply for rehab for him before you go.

HTH, good luck.
Thank you for the advice do you know roughly how long that would take to come back?
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Old Nov 28th 2016, 11:09 pm
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Default Re: Criminal convictions

Originally Posted by Sian22040
Thank you for the advice do you know roughly how long that would take to come back?
It seems to be pretty quick at the mo, 2-4 weeks at a guess going on recent timescales.

But much better to know for sure (and have written proof) that he's not inadmissible before you go IMO!

Good luck.
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Old Nov 29th 2016, 11:51 pm
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Default Re: Criminal convictions

I have had a look at the form and just have a few questions if anyone is able to help?

Where it says statute numbers for the British convictions would that be "Public order Act 1936 s.5" for example?

Also it says I need to include copies of Canadian laws so do I just copy and paste the law 175 as above into a word doc and print it out or do I need something else?

Also how would I find the DUI law I need?

Lastly, Just to check the only other additional docs I need would be copies of - passport, court memorandum, and police cert?

Sorry to ask so much but I want to make sure I fill in everything correctly.

Thank you
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Old Nov 30th 2016, 10:25 am
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Default Re: Criminal convictions

Originally Posted by Sian22040
I have had a look at the form and just have a few questions if anyone is able to help?

Where it says statute numbers for the British convictions would that be "Public order Act 1936 s.5" for example?

Also it says I need to include copies of Canadian laws so do I just copy and paste the law 175 as above into a word doc and print it out or do I need something else?

Also how would I find the DUI law I need?

Lastly, Just to check the only other additional docs I need would be copies of - passport, court memorandum, and police cert?

Sorry to ask so much but I want to make sure I fill in everything correctly.

Thank you
The Public Order Act 1936 section 5 are you sure its not the 1986 Act
Public Order Act 1986

The Canadian equivalent would be the section 175 of the Criminal Code of Canada
Criminal Code

The DUI in the UK should be either section 4 or section 5 of the Road Traffic act 1988
Road Traffic Act 1988

The Canadian equivalent would be section 253(1) a or b of the Criminal Code of Canada.
Criminal Code

If submitting then make sure you print the statutes or offences from the official source as listed above as it will show where the information was found and not some random source.

Use this link for the guide and instructions for submitting an application
Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
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Old Nov 30th 2016, 9:57 pm
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Default Re: Criminal convictions

Originally Posted by Former Lancastrian
The Public Order Act 1936 section 5 are you sure its not the 1986 Act
Public Order Act 1986

The Canadian equivalent would be the section 175 of the Criminal Code of Canada
Criminal Code

The DUI in the UK should be either section 4 or section 5 of the Road Traffic act 1988
Road Traffic Act 1988

The Canadian equivalent would be section 253(1) a or b of the Criminal Code of Canada.
Criminal Code

If submitting then make sure you print the statutes or offences from the official source as listed above as it will show where the information was found and not some random source.

Use this link for the guide and instructions for submitting an application
Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
I have an old CRB and it says 1936 for the first one and 1986 for the second. Does that make a difference?

I started filling in the form yesterday but not sure if I'm writing enough I have about 1/3 of a page of a4 for the circs behind each offence although I'm struggling to say how this effected others as the public offences were just bad language and the dui was random stop so no one was hurt. I then have about half a page for why he is rehabilitated but hard when they were just silly things young men do.

I have 3 character references, court memorandum and police cert and passport i think that's everything in the guide but is there something else I could include to help?

Thank you for all your help
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