christmasoompa

Sorry, but driving without insurance *is* a criminal offence. I agree that other driving offences such as speeding are just civil, but driving without insurance is not one of those.

mojovibe

How come that there is *no trace* on his background check then?

christmasoompa

Not a clue. But driving without insurance or a licence is criminal, only things like speeding etc are civil.

He'll still need to declare them on his forms anyway.

dewales001

On the letter that came with the Police Certificate, NO TRACE means you do not have any convictions, cautions, reprimands or final warning held on the PNC.

I strongly believe the points and fines I got from the court were given as Fixed Penalty notice and not convictions. Also, I wasn't arrested nor detained for these offences.

christmasoompa

Doesn't matter if you weren't arrested or detained, that has no bearing on it at all. Somebody that receives a court summons for criminal damage may not have been arrested, but it's still a conviction if they are found guilty.

What kind of visa are you applying for? Your call, but personally I'd just declare them - if you don't think they are criminal convictions then it doesn't matter does it? But at least then you've been honest and won't be at risk of having your visa or PR revoked at a later date.

bewillow

Police certificate statistics (PDF) is an interesting overview from ACPO of immigration related police certificates issued over the last few years.

Summary of applications:
90,000 certificates per year
23% are premium service

Results:
85% NO TRACE
3% NO LIVE TRACE
11% TRACE

Sun10

Hi

How long it takes to apply for Information only.

Many Thanks

Poppit

Hi

It took my son 16 weeks and (2 enquiry emails) to get his back.

Hope they're quicker with your's!

Poppit

Jack333

Hi everyone,

Looking for some advice for my brother in-law, I know the answer in here somewhere but its all rather confusing!!

I am moving to Canada with my wife in August under the spousal sponsorship route.... My sister and her husband are now considering making the move but my brother in-law Tony has past convictions.

OK here goes back in 2000 Tony was 18 years old and convicted of Aggravated assault and received a 12 month custodial sentience only serving 6 months being released on the 27th July 2001 and this was spent in a young offenders prison not an Adult!!

The same year he was released he lost both his mum and sister in a road accident and although its no excuse in September 2001 he was found drunk driving. He went back to court where the judge took pity on him and gave him a driving ban of a year and a fine of 300.00

Can you please answer me this?
- Tonys first conviction will be tens years this month so does that mean he is or will be Rehabilitated for this particular offence??

- The DUI was was a ban of a year which ended in September 2002! so am I right in thinking that September 2012 will be the ten years rehabilitation??

Since 2002 he has not been involved in any criminal offences and has maintained a steady and successful job and has raised 3 wonderful children.

We have just applied for his ACPO so are awaiting that, once received do you think it would be wise to apply for rehabilitation or information only?? Sorry for the rather in-depth post!!

Many thanks Jack.

christmasoompa

From my limited knowledge of criminal rehab, seems you've got it right and in 2012 he'll be ok. Could be worth trying for criminal rehab now as it's close to the 10 year expiry, or just do an info only so he can find out where he stands.

Of course, this assumes that he's definitely eligible for a visa? That needs to be his first step before worrying about rehab, although he'd need that to visit you anyway I guess.

HTH.

confused79

Hi all,

I would be really grateful for some help/advice. My husband had a DD conviction in August 2001. It was a 2yr ban and 100 hrs community service. Following the advice on this forum we received his police certificate today and it is still listed on it although it occured nearly 10 yrs ago, we thought that as it is over 5 years it may come back no live trace or stepped down.

Anyway we are planning to go to Canada in September (we didnt realise there would be any problems until only a week ago). So my question is has anyone sent away a rehab form for info with a police certificate listing the conviction and had it come back ok?

Any help or advice would be really appreciated as we're all booked up to go to my best friends wedding and this has really stressing me out.

Thanks in advance

christmasoompa

From what you've said, your husband won't be automatically deemed rehabiliated until August 2013 (it's 10 years from the end of sentence i.e. the ban, not 10 years from conviction).

So he'll need to apply for rehab to enter Canada - info on what he needs to do is here...........http://www.cic.gc.ca/english/visit/conviction.asp

Good luck.

dasalcedo

Hey guys I have a question:

I hit a pedestrian after running a red light, I wasn't speeding nor DUI. Just was an accident. Is it a criminal offense according to Canadian law?

I was convicted to 4 months prison but I did not go to jail, instead, the gave me 2 years of conditional.

Cheers

christmasoompa

What were you actually charged with? You've said it wasn't speeding or DUI, but not what it was.

And how recent was this, was it since you sent in your police check for your FSW application, or prior to it? If the latter, what did your police check say?

dasalcedo

Thanks christmasoompa, I was charged with personal injury according to the court documents. The accident was in 1.999 but I got the conviction in 2003.