Mraworth

I have recently received an arranged employment offer for a job in
Toronto.

In December 1994 at the age of 24, a friend and I were convicted on
three counts of unauthorised manufacture of gunpowder. (The word
"gunpowder" is used in a legal sense, and refers here to the mixture
of weedkiller and sugar that we made.) The purpose of making the
gunpowder was for flame effects for stills and video photography.

We took care to ensure that no-one would be hurt, and indeed
nobody was. The offence is also not a sexual one in nature, and no
violence or dishonesty (e.g. theft or fraud) were involved.

I have the following questions:

(1) Under UK law, these offences are termed as spent, and no longer
have to be disclosed on job applications, etc. Is the UK concept of
being spent the same as a pardon with regards to the Canadian
authorities recognising a pardon given under a legal system based on
simialr principles to the Canadian one? (I presume that the UK legal
system qualifies as such.)

(2) I qualify as a skilled worker (I have 14 years work experience;
6.5
in my first job and 7.5 in my current job). Can I apply for the
necessary immigration papers at the same time as a pardon, or does
the pardon have to be obtained first?

(3) How is my entry to Canada as a tourist (e.g. for vacation)
affected
by the above? Do I have to declare the conviction upon entry, despite
it being spent under UK law?

(4) If I do have to apply for a pardon, will I be able to enter as a
tourist
while the process is in motion?

(5) A pardon is automatic after 10 years. Does it still have to be
applied for after 10 years?

I do understand that the necessary processes will take time, but the
prospective employer will take this into account.

Any information/advice would be appreciated.

James Metcalfe

I suggest that you start by finding out if there is a comaprable offence in
the Criminal Code of Canada or in any other federal statutue in Canada. Go
to www.gc.ca and do a search. If there are similar offences you may be
inadmissible to Canada. There is a reported Federal Court case "Bourdon"
which will give you info on tha applicablility of British pardons. Check it
out on the federal court website.


Jim metcalfe




"mraworth" <[email protected]> wrote in message
news:[email protected]...
    > I have recently received an arranged employment offer for a job in
    > Toronto.
    > In December 1994 at the age of 24, a friend and I were convicted on
    > three counts of unauthorised manufacture of gunpowder. (The word
    > "gunpowder" is used in a legal sense, and refers here to the mixture
    > of weedkiller and sugar that we made.) The purpose of making the
    > gunpowder was for flame effects for stills and video photography.
    > We took care to ensure that no-one would be hurt, and indeed
    > nobody was. The offence is also not a sexual one in nature, and no
    > violence or dishonesty (e.g. theft or fraud) were involved.
    > I have the following questions:
    > (1) Under UK law, these offences are termed as spent, and no longer
    > have to be disclosed on job applications, etc. Is the UK concept of
    > being spent the same as a pardon with regards to the Canadian
    > authorities recognising a pardon given under a legal system based on
    > simialr principles to the Canadian one? (I presume that the UK legal
    > system qualifies as such.)
    > (2) I qualify as a skilled worker (I have 14 years work experience;
    > 6.5
    > in my first job and 7.5 in my current job). Can I apply for the
    > necessary immigration papers at the same time as a pardon, or does
    > the pardon have to be obtained first?
    > (3) How is my entry to Canada as a tourist (e.g. for vacation)
    > affected
    > by the above? Do I have to declare the conviction upon entry, despite
    > it being spent under UK law?
    > (4) If I do have to apply for a pardon, will I be able to enter as a
    > tourist
    > while the process is in motion?
    > (5) A pardon is automatic after 10 years. Does it still have to be
    > applied for after 10 years?
    > I do understand that the necessary processes will take time, but the
    > prospective employer will take this into account.
    > Any information/advice would be appreciated.

Pollyana

Just a little point of guidance - a "spent" offence is not the same as a "pardon" in UK law.
A "spent" offence is one which, owing to its age and severity, need not be declared as a matter of course on MOST job applications, etc. It isn't a pardon, its still a conviction/caution.
For immigration purposes, and even for tourist visas, ALL offences should be declared, even those which are normally considered "spent".

I can't advise you on obtaining a pardon, except to say that I think you should get advice from a solicitor or migration agent.

Pollyana

This is not meant to be legally binding advice of any sort, and you are advised to speak to someone trained in this field.