Crushing

[QUOTE=ianbaird;8364816]My Rehab was done in under 10days.
Regards
Ian[/QUOTE

Your conviction was it for drink drive ??

and you must of provided some very good references, am i right?

How much detail do I need to give when explaining what happened on the day of being charged?? as I have a feeling that maybe I should keep it to the minimum of words?
Please advise anyone??

Thanks.................

youngmimesofharlem

Dear all,

A lot of people have asked me for help to 'convince' the Canadian authorities so I thought I would post up the original letter I sent to Canada House way back in early 2009.

It is here in full (minus my personal details obviously) ready for cut 'n' paste:

Canadian High Commission
Immigration Section
38 Grosvenor Street
London
W1K 4AA,
United Kingdom


To whom it may concern,

Please find enclosed my application for criminal rehabilitation and corresponding supporting documents. I have been informed that I am able to apply for criminal rehabilitation in Canada once my conviction has been considered ‘spent’ in Britain as our two countries have similar standards of justice. I was convicted on XX Month Year, which under the British Rehabilitation of Offenders Act 1974 means that my conviction was considered ‘spent’ on XX Month Year + 5, therefore I write to you today enclosing my rehabilitation application for your consideration.

There are some areas of my application that may require clarification, please find below additional information that may be of use in the decision process.


1. I have enclosed a signed notary document from a solicitor that explains the Rehabilitation of Offenders Act, attests that my convictions are indeed spent, and also includes a bound, original ACPO police certificate

2. I have enclosed a copy of relevant Canadian legislation that I believe corresponds to my convictions in Britain in order to aid the rehabilitation process;

a. I believe the British offence of ‘Driving a Motor Vehicle with Excess Alcohol’ is correspondent to offence 253 (a) of the Canadian Criminal Code, the relevant page of which is included for reference.

b. I believe the British offence of ‘Using a Vehicle whilst Uninsured’ is not found in the Canadian Criminal Code but instead can be found in provincial law. As I intend to visit Vancouver I have used the British Columbia Motor Vehicle Act [RSBC 1996]. I believe it corresponds to Chapter 318, Section 24, Sub-Section (3)(a) of the said Act, the relevant page of which is included for reference.

c. I believe the British offence of ‘Driving otherwise than in Accordance with a Licence’ is not found in the Canadian Criminal Code but instead can be found in provincial law. As I intend to visit Vancouver I have used the British Columbia Motor Vehicle Act [RSBC 1996]. I believe it corresponds to Chapter 318, Section 24, Sub-Section (2) of the said Act, the relevant page of which is included for reference.


I hope the above information will answer any queries that may arise whilst checking my supporting documents and furthermore I would like to take this opportunity to thank you for considering my application and looked forward to receiving your decision on the matter.

Kind Regards,

YoungMimesOfHarlem

As you can see I was a very stupid young man and copped three convictions at once. If you were 'only' convicted of drink driving then you only need part a) of section 2.

The canadian law is all identified in the letter, all you need to do is type into Google (I can't do everything).

Also required (or considered extremely advisable is the following:
1. A couple of paragraphs explaining what happened. Do not sugar coat it, just be honest, it might sound bad but you ain't no Pablo Escobar.

2. A couple of paragraphs explaining why you consider yourself rehabilitated. Just how you got back on track. I said I moved abroad (to Sweden) and away from the crowd I was with and I got a degree etc. Just show you're integrated into British society and that you have made steps to improve yourself

3. The British LAW that applies to you. If it's drink driving it will be the same as in my letter, so look it up on the internet.

4. The Canadian Law. Again if it's drink driving it will be the same Canadian criminal Code as mine so hit Google.

5. Police Certificates from ACPO

6. A signed declaration from a notary public Solicitor to the effect that these are indeed the British Laws and you are indeed telling the truth that your conviction is spent. This can be your original solicitor or another Notary Public in almost any town Britain. It will cost about £200. (Should have gone to law school shouldn't we?)

I included three testimonies from 'notable' people who were unrelated to me (two barristers and a teacher). Anything you can think of that makes you look good put it in the envelope.

Then package it all together with the rest of the forms needed for Rehab and send it off.

Good night, and good luck.

youngmimesofharlem

One last thing:

You have to include a copy of the actual LAW you were convicted under. That's what I meant by look it up on the internet. It's not that difficult to do, and i've done the legwork for you.

Google will do the rest!

mojovibe

Hi

This is something I have being to find out about aswell, as I am also considering a move to Canada. I was convicted of drink driving in March 94 and received a twelve month ban and a £300.00 fine including court costs.

Am I right in thinking that the criminal rehabilitation applies to convictions more than 5+ years then? I received a DR 10 on my driving licence and it was on it for ten years.

Thanks in advance

Martyn

Tring

Hi Scotty and everyone. I was so happy to see your contribution and this thread as I am also going through the same rehab process as well as we speak. In fact I was searching google to see if I can find any 1st hand experieces so your post fit the bill perfectly. Thanks for sharing your story, not only is that brave of you to do but it is also very commendable because I too belive in "paying it forward" as well.

I am glad this thread is recent as I belive we can all really help each other out by "comparing notes" and leanring from each other's experiences. I hope more people will pitch in and I will also try to post something soon.

My best wishes to you Scotty and good luck. I hope your application goes through smoothly. I also wish good lucl to everyone else.

ScottyB

Hi Tring,

Welcome and thanks for the kind words.

A quick update for everyone.

The big bundle of paperwork has been received safely by London, it was sent to be signed for. The Bankers Draft for 200 Canadian has been cashed so that is also excellent sign.

Hoping any day soon to either have a letter confirming that things are been reviewed or a request for more info if required.

Will keep everyone posted on what if anything i hear.

Regards

ScottyB

LinsyPinsy

Fingers crossed for you
lns

Tring

Hi ScottyB

Thanks for the updatr and I am glad the ball is finally rolling on your application. Will keep fingers crossed for you and I hope things will go through smoothly! I hope it will on my application too. Interesting that you mentioned that you were able to tell that the Bankers draft was cashed. I always thought the only way to find such a thing out is if you use a personal Cheque. Ah well. Do keep us posted and once again Good luck to you!

Tring

admissiblebrit

to the OP i think your conviction is covered under the rehabilitation of offenders act 1974. You can clarify this with a solicitor

Because of this you most likley will no longer be inadmissible due to the Burgon Federal Court of appeal case 1991. Once 5 years have elapsed your conviction becomes "spent" in the UK meaning you do not have to declare it except under the conditions outlined in the act. Its basically a legal lie. although it will show up on your ACPO certificate, which means you should declare it to immigration eventually it will step down. Canadian Immigration Officers because of this case can Assess UK convictions under the UK's Rehabilitation Of Offenders Act 1974 instead of the canadian Immigration and refugee protection act.

When i applied for Rehab/TRP after recieving a similar sentance to yours (the sentance can be community service, fines, probation) it was deemed that since more than 5 years had elapsed since the end of the "sentance" imposed i was no longer deemed inadmissible and therefore my application was refused on the grounds that i did not require a TRP or Rehabilitation Certificate.

Hope this is useful

The Hampsons

How would you go about it if you have a "conditional discharge" on your record but that was over 15 years ago, would that be considered as spent or would I have to apply for rehab??? Oh and whats a TRP??
Thanx

FelisCattus

TRP = Temporary Resident Permit

Sorry, you'll have to wait for someone with more knowledge on the subject to answer your other question.

ScottyB

You are not inadmissable due to your discharge being 10 years+ ago so no need to apply for rehab.

Just be aware though that your ACOP Police Cert may come back with "No Live Trace" which hints at the fact you had an issue some time ago which may need to be explained on your application.

Others who have had no dealings only have "No trace"

Regards

ScottyB

The Hampsons

Thanx for that, I was worried that we wouldnt get in, although my husband is the main applicant.
Thanx

mojovibe

Thanks for that.

Just one more Q. When my background check comes up with a trace, what do I say to the immigration officers?

Do I just simply tell them I have an old drink driving conviction from over 15 years ago, and will this answer go against my application, or will it be acceptable?

Thankyou again

admissiblebrit

there's certain scenarios that can happen. In my case full details of my conviction and subsequent sentance showed up on my ACPO. Because under the step down laws i have to wait a little longer for them to step down.

Now the whole rehad thing under the act, from what i can fathom is to do with the sentance imposed if it is less than 2.5 years custodial it is covered under the 1974 act. Meaning for fines, community service etc its 5 years until in the eyes of british law your conviction becomes spent. This is so people who makde a mistake once in there life dont have it around their ankle like a ball and chain for the rest of their lives. If its 6 months to 2.5 years custody the spent period is 10 years. Over that and you have to file for rehab.

If you think you're covered under the act prepare all the documents needed and tick the box for information only. They will tell you if you are covered under the burgon/1974 ruling and you'll get a letter stating that. Which you should keep with you. It might do well to specifically ask the IO in the documents you send to specifically check if you ARE covered, just incase you get an IO who is having a bad day...they are only human afterall.

Oh and ANY question an IO asks you answer truthfully, if you are no longer inadmissible get the letter and take this with you when you explain to the border officer theyre well aware of what everything on the ACPO certs mean. If you are no longer inadmissible answer truthfully any question they ask you, if you're true and frank with them there wont be a problem. People make mistakes in their lives. Not recognising rehabillitation would make a mockery of the justice system. They might be tough with you, it's their job to protect the citizens of canada, keep your cool and be honest.