Wikiposts

criminal inadmissibility

Thread Tools
 
Old Dec 6th 2010, 8:51 am
  #16  
Just Joined
Thread Starter
 
Joined: Dec 2010
Posts: 17
tidymonkey81 is an unknown quantity at this point
Default Re: criminal inadmissibility

http://twitter.com/bunac_uk

the post dated 2 hours ago suggests just that christmasoompa...

as regards my admissibility, i have no idea how much to trust what i've read about my conviction being 'spent' under UK rehabilitation of offenders act and therefore canadian immigration.

i need to look around the forums some more.

does anyone have any advice?
tidymonkey81 is offline  
Old Dec 6th 2010, 12:16 pm
  #17  
Just Joined
Thread Starter
 
Joined: Dec 2010
Posts: 17
tidymonkey81 is an unknown quantity at this point
Default Re: criminal inadmissibility

i did some digging and found the relevant IO handbook chapter (ENF 14) that details the effect of the UK Rehabilitation of Offenders Act on CIC practice. I had to look on the waybackmachine because it's no longer on the CIC website -

http://web.archive.org/web/200602151...enf/enf14e.pdf

Section 27, Page 27

the UK Rehabilitation of Offenders Act automatically pardons eligible individuals without the person having to apply, if the person has been sentenced to a term of imprisonment of less than 30 months;

now if i can get BUNAC to recognise this fact they might be willing to play with me and let me apply for a temporary work permit with them.

does that sound feasible?
tidymonkey81 is offline  
Old Dec 6th 2010, 1:41 pm
  #18  
BE Forum Addict
 
Joined: Jan 2008
Location: Near Kingston, Ontario
Posts: 1,323
shelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond reputeshelley748 has a reputation beyond repute
Default Re: criminal inadmissibility

Here is the up to date manual!

http://www.cic.gc.ca/english/resourc.../enf01-eng.pdf

Originally Posted by tidymonkey81
i did some digging and found the relevant IO handbook chapter (ENF 14) that details the effect of the UK Rehabilitation of Offenders Act on CIC practice. I had to look on the waybackmachine because it's no longer on the CIC website -

http://web.archive.org/web/200602151...enf/enf14e.pdf

Section 27, Page 27

the UK Rehabilitation of Offenders Act automatically pardons eligible individuals without the person having to apply, if the person has been sentenced to a term of imprisonment of less than 30 months;

now if i can get BUNAC to recognise this fact they might be willing to play with me and let me apply for a temporary work permit with them.

does that sound feasible?
shelley748 is offline  
Old Dec 7th 2010, 12:27 am
  #19  
Just Joined
 
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
NixieLukas is an unknown quantity at this point
Default Re: criminal inadmissibility

Originally Posted by PMM
Hi



1. You could apply for a TRP as you are not eligible to apply for rehabilitation until 5 years after the completion of the sentence, which would be 5 years after 12 months ban, i.e. Sept/2012.
2. To be deemed rehabilitated, it is 10 years after the completion of the sentence.
3. The information on the application is here: http://www.cic.gc.ca/english/visit/conviction.asp

I called the hotline in Canada and the agent there confirmed that you can apply before 5 years have elapsed after completion of the sentence. You just need to tick "for information only" box at the beginning of the application.
NixieLukas is offline  
Old Dec 7th 2010, 1:34 am
  #20  
Just Joined
Thread Starter
 
Joined: Dec 2010
Posts: 17
tidymonkey81 is an unknown quantity at this point
Default Re: criminal inadmissibility

could you give the number of the hotline you called?

I'd like to speak to them about whether they can 'pre-empt' a date of admissibility i.e. say in writing that if things stand as they are, i would become ADmissible on a particular date in the future.
tidymonkey81 is offline  
Old Dec 7th 2010, 2:09 am
  #21  
Just Joined
 
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
NixieLukas is an unknown quantity at this point
Default Re: criminal inadmissibility

Originally Posted by tidymonkey81
could you give the number of the hotline you called?

I'd like to speak to them about whether they can 'pre-empt' a date of admissibility i.e. say in writing that if things stand as they are, i would become ADmissible on a particular date in the future.


The number I called was 1-888-242‑2100

If you are outside of Canada I'm not sure that you will get through. I am Canadian originally and was back for a visit so I called from there.

I found the lack of help you receive here extremely frustrating. I called the consulate and they dont take calls, just emails. When I asked how long an email reply would take she said a few weeks at MINIMUM! Ridiculous.
NixieLukas is offline  
Old Dec 7th 2010, 3:39 pm
  #22  
Forum Regular
 
Joined: Sep 2007
Location: Whitby
Posts: 294
markan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nicemarkan is just really nice
Default Re: criminal inadmissibility

for the criminal inadmissibility, your'e right. Due to the Burgon case and 1974 Act your convictions may become spent after 5 years on completion of your ban.Don't quote me, but I think this only applies to British Citizens.
markan is offline  
Old Dec 7th 2010, 4:57 pm
  #23  
Just Joined
Thread Starter
 
Joined: Dec 2010
Posts: 17
tidymonkey81 is an unknown quantity at this point
Default Re: criminal inadmissibility

do you mean 5 years after the conviction, not ban (an endorsement doesn't count as a fine or sentence under UK RoOA)?

thanks for the number nixielukas.
tidymonkey81 is offline  
Old Dec 7th 2010, 10:42 pm
  #24  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,169
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: criminal inadmissibility

Originally Posted by tidymonkey81
thanks for the number nixielukas.
Just to add that whilst I've no idea who the number is for, if it's for a CIC office they are notorious for giving out incorrect advice over the phone (you won't get to speak to an immigration officer, just somebody working off a script with little immigration knowledge). So don't rely on anything you are told if that is who you are phoning.

If you want a professional opinion, you may just have to pay a lawyer or consultant for it.
christmasoompa is offline  
Old Dec 7th 2010, 11:25 pm
  #25  
Just Joined
 
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
NixieLukas is an unknown quantity at this point
Default Re: criminal inadmissibility

Originally Posted by christmasoompa
Just to add that whilst I've no idea who the number is for, if it's for a CIC office they are notorious for giving out incorrect advice over the phone (you won't get to speak to an immigration officer, just somebody working off a script with little immigration knowledge). So don't rely on anything you are told if that is who you are phoning.

If you want a professional opinion, you may just have to pay a lawyer or consultant for it.

I contacted a lawyer and one of his lackies called me back and recommended my boyfriend apply for "humanitarian reasons". So applying for permanent residency based on the fact that your country is too dangerous to live in. So basically seeking asylum....from England......

The woman who I spoke to sounded very knowledgeable, not like a script reader. Maybe I'll call back for a second opinion.

Sucks you can't trust anyone.
NixieLukas is offline  
Old Dec 8th 2010, 12:29 am
  #26  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,169
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: criminal inadmissibility

Originally Posted by NixieLukas
I contacted a lawyer and one of his lackies called me back and recommended my boyfriend apply for "humanitarian reasons". So applying for permanent residency based on the fact that your country is too dangerous to live in. So basically seeking asylum....from England......
Hmmm, very odd. Wouldn't get you round the inadmissibility issue - from the CIC website:

"If you or a family member is inadmissible to Canada, it is advisable that you resolve your inadmissibility before applying for permanent residence on humanitarian and compassionate grounds. Reasons for inadmissibility include, but are not restricted to: criminality, health, financial reasons, misrepresentation, having an inadmissible family member, etc."
christmasoompa is offline  
Old Dec 8th 2010, 12:32 am
  #27  
Just Joined
 
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
NixieLukas is an unknown quantity at this point
Default Re: criminal inadmissibility

Originally Posted by christmasoompa
Hmmm, very odd. Wouldn't get you round the inadmissibility issue - from the CIC website:

"If you or a family member is inadmissible to Canada, it is advisable that you resolve your inadmissibility before applying for permanent residence on humanitarian and compassionate grounds. Reasons for inadmissibility include, but are not restricted to: criminality, health, financial reasons, misrepresentation, having an inadmissible family member, etc."

Yeah the guy knew nothing.
NixieLukas is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.