Criminal record question
 

Hi All. I’m looking for a bit of help here. My other half and I are, along with our children, hoping to be able to immigrate to Canada as he has the opportunity to get work in BC with an employer who can recruit via the LMIA route.

We of course would like to visit as a family before even considering anything further. The issue is that he has a criminal record. I have read a lot about inadmissibility and criminal rehabilitation. We have started things by submitting a SAR to obtain his record so we can see whether he would even have a chance of getting in. He has a few things in his history unfortunately that are from over 20 years ago. Namely a DUI from 2003 resulting in a fine and a ban. A theft charge from about 30 years ago, outcome admonished. Finally a couple of small amount cannabis possession charges from over 20 years ago, resulting in fines.

The record info has come back and the DUI is the only thing on there, nothing about the other charges. My question is, does this mean the other stuff has been wiped from his record? and would he have to declare it on an ETA application and further down the line, when applying for visa etc? He does not want to try and hide things, but cannot provide any documentation or proof of the other charges are they don’t appear on his record. We really want to do things properly but unsure if the best way to proceed. Can anyone help or offer advice here? Thanks.

Re: Criminal record question
 

This is the standard question on the eTA application and most application formsQuestion 2: Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory?

Select YES if you have ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory. If you selected YES, for each arrest, charge, or conviction, please indicate where (city, country), when (month/year), the nature of the offence, and the sentence.

Now obviously the answer in your husbands case is YES so he adds in the details he knows.

IRCC will probably be asking for a Police Certificate from the UK or countries where the offences were committed. The link for applying for a UK one is below
https://www.canada.ca/en/immigration...d-kingdom.html

Now without knowing what is on it it is quite possible that he could be deemed rehabilitated if 10 years has passed since his sentence for the DUI was completed in full. IRCC will be deciding on the application and they will tell you what to provide should a positive LMIA be issued.

Note for others with DUI convictions since December 2018. This offence is now regarded as a serious criminal offence and those convicted will never be deemed rehabilitated but eligible to apply for rehabilitation when eligible.

Re: Criminal record question
 

Thanks for the swift response FL. He fully intends to be honest with the details he remembers. He doesn’t know dates and specific details. He actually completed the SAR in order to obtain all the details before requesting an ACRO police certificate, as the form was asking for specific details that he doesn’t remember.

I’m just worried about the ETA as that’s the first thing we would do in order to hopefully arrange a holiday/recce visit. I have read that ticking YES would prompt a request to upload police/court info detailing the charges/convictions etc. The fact nothing bar the DUI shows up concerns me as there is no way to prove the details of the others. Could this cause a problem do you think?

Re: Criminal record question
 

How old was your husband at the time of the other offences? If he was a minor (under 18), perhaps that is why the records are not showing up.
Maybe you could check with a lawyer for advice on how these old records are handled.

Re: Criminal record question
 

He was not a minor I’m afraid. Have applied for the ETA detailing what he can remember. Got the expected “72 hours while we check over the application”and will wait for the result of that before doing anything further. My sibling did suggest consulting an immigration lawyer, which we will do going forward if necessary.

Re: Criminal record question
 

What 'record info' was this? Was it an ACRO cert (as mentioned above)?

He may not be inadmissible, depending on the exact crimes and sentences, but you'll soon find out if he is. If so, Criminal Rehab can take a year or more, just to set your expectations - I don't know if the employer would wait that long, but it's something to be aware of just in case.

Good luck.

Re: Criminal record question
 

Thanks for the reply christmasoompa. The record info was what came through after he attended the police station asking to access his criminal record. He had to take ID, passport, driving licence etc and they staff at the station kindly assisted in completing the relevant form and sent it away for him.

What we received in the post was from Police Scotland, labelled as subject access request and stated as being the data held on the national police computer about him, along with a court printout relating to the offence on the police report.

He has now applied for an ETA and have heard back from them requesting a police certificate and court documents relating to the offences so they can consider his application. I’m worried in case all the disclosed offences are not detailed and he therefore cannot submit all the requested documentation. Hope that makes sense.

Re: Criminal record question
 

Looks like from your previous thread (when you gave more info on his convictions) he definitely is inadmissible? https://britishexpats.com/forum/immi...-rehab-914827/

What happened to that inadmissibility application, did you not pursue it?

Re: Criminal record question
 

Ah, ok. So yes, he hasn't got the ACPO which should detail all of them. But see my response above, seems he's definitely inadmissible from your previous thread? So I wouldn't waste anymore time, I'd just crack on and apply for rehab.

Re: Criminal record question
 

No after consideration he decided not to pursue (which in hindsight was a bad plan and I did tell him this!), as the job was based in NB and he really wanted to go to BC. So we parked the idea completely, until recently when we became aware of some opportunities, along with him having met someone in his industry who had spent the last few years working in BC and was really positive about the experience and recommended my husband make enquiries, as his skills and experience were very much sought after.

If he has to apply for rehab he will do so this time as he is much more motivated than before. He hates flying and has always refused to go anywhere far afield for that reason, but he has renewed his passport without any persuasion and is raring to get things moving. Thanks for the info. I knew I had posted years ago but it took me all my time to retrieve my login details never mind find the old thread!!

Re: Criminal record question
 

From the info in your other thread (ecstasy as well as cannabis) that means he'll definitely need rehab. If there's any doubt he can do an 'info only' app but tbh I think that would be a waste of time from what you've said previously. So would just get cracking with rehab, but tell the employer and make sure they're aware it can take a long time. Hopefully they'll be prepared to wait for him.

Best of luck.

Re: Criminal record question
 

Thank you, I’m on it already!! I appreciate all the input folks. Hopefully will have a positive outcome at some point in the future.

Re: Criminal record question
 

Glad I came across this one. Now here is a conundrum. I had a couple of minor offences with a fine 20 odd years ago. Declared them on eTA application. Got asked for a police cert via ACRO which I expected.

Got result back from that which said 'no trace'. So I am not sure if that's the end of it and application will be approved, or will they ask for more info.

Anyone else had the same?

Re: Criminal record question
 

This is interesting. I hope someone replies to this for you, I would be interested in that too. I am awaiting the ACRO for my other half and am wondering what it would mean if the DUI were the only thing detailed on there, just like the SAR, even though he declared as much info as he could remember about the other offences.

Everything I have read suggests that “no trace” is a good thing and would indicate no criminal record, but hopefully someone can clarify that. Fingers crossed you get a positive answer.

Re: Criminal record question
 

Hope so and hope your other half has no hassles.