criminal inadmissibility
#16
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Joined: Dec 2010
Posts: 17
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?
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?
#17
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Joined: Dec 2010
Posts: 17
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?
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?
#18
BE Forum Addict
Joined: Jan 2008
Location: Near Kingston, Ontario
Posts: 1,323
Re: criminal inadmissibility
Here is the up to date manual!
http://www.cic.gc.ca/english/resourc.../enf01-eng.pdf
http://www.cic.gc.ca/english/resourc.../enf01-eng.pdf
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?
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?
#19
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Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: criminal inadmissibility
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
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.
#20
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Joined: Dec 2010
Posts: 17
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.
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.
#21
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Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: criminal inadmissibility
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.
#22
Forum Regular
Joined: Sep 2007
Location: Whitby
Posts: 294
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.
#23
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Joined: Dec 2010
Posts: 17
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.
thanks for the number nixielukas.
#24
Re: criminal inadmissibility
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.
If you want a professional opinion, you may just have to pay a lawyer or consultant for it.
#25
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Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: criminal inadmissibility
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.
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.
#26
Re: criminal inadmissibility
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......
"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."
#27
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Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: criminal inadmissibility
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."
"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.