yzf.shaun

Fluke your crimes make this interesting and proves another basis that they (CIC) must deem people to be rehabilitated based on the UK Rehabilitation legislation as Burglary (non dwelling) and illicit drug posession as it would be in Canada are both Hybrid offences meaning for immigration purposes both of your crimes would be treated as indictable.

So its interesting to see you given 'Deemed status' on what Canada would see as two indictable offences when looking at the Rehabilitation guide (page 6)

http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF

Shows Only one indictable offence will allow you to granted deemed status and any furthur indictable offences will require an application for individual rehabilitation.

Finally beginning to feel some weight coming off my shoulders.

BAAS

Yeah, but was Flukes possession not only a caution?

cor-32

i feel worse!!!!!.. no ROA for Irish!

The only pardons given in Ireland were to the IRA-UVF etc scumgags!

Murder - shooting - bombing etc is ok, but fraud (against my dad, same name, we had a bad few years) & DUI is worse!!

yzf.shaun

Yes it was but to get a caution you admit the crime. I believe section 36(2)(c) covers it.

outside Canada
• for committing an act that is an offence in the place where it was committed
and that, if committed in Canada, would constitute an indictable offence
under an Act of Parliament

64fluke

Hi All,

Just to update, CHC have now sent back our application as refused as I no longer have a job offer...
They sent back my payment for criminal rehab as promised, but no written confirmation that I am deemed rehabilitated.

On a more positive note, The Vice President of my prospective employer has called me to apologise for the fiasco and has promised me the next available job in the new year. He also said he has spoken to CHC and that they have assured him that my future application will be quick and painless as I have already been approved once before.

However, I am still a bit lost as I have no documentary evidence of all this.
I suppose I will just have to wait and see...

fluke

yzf.shaun

That's a bit of a shame you have no documentary evidence.

So if you travel to Canada are you just to declare it and hope the officer at the POE know that you are admissible? Or do you just you don't have any convictions. Very strange.

With my letter accompanying the pack I have put that I am seeking formal verification so fingers crossed I will get the letter stating as such.

irishgirl33

i think it all depends on your criminal charge.
my hubby applied at POE for his TRP and his TWP and got them no problems.

we did get a lawyer to put his package together for him and he presented this at POE.
i would def recommend to speak to a lawyer and see what they advice.they will tell you if you are in a with a chance of a TRP being granted.

we also applied for Crim Rehab before he left for Canda and put a copy of this application with his package.

cor-32

what was your husband charged with?

i am finding it very hard getting all paper work from Limerick District Court, and now my Garda clearance is needed, and explaining that i need TWO copies is even harder to explain to the thicko on the phone (1copy for PR and 1 for rehab)

yzf.shaun

But don't you only require a TRP if you are not deemed rehab?

Moondoggy

Yes a TRP is only needed if you are not deemed rehabilitated or applied and been given rehabilitation status.

The main problem with deemed is that given their guidelines and instructions you can never be 100% sure you are deemed. Hence why they have the "for information" request. So you can be certain.

If you have been "told" previously that you are deemed, I would consider that enough and be very happy. You don't actually need written confirmation that you are deemed. You *can* work it out for yourself, it's just nice to get certainty.

irishgirl33

hubby was charged with "failing to provide a specimen" was banned for 9 mths and a fine for £500.that was in 2003.so his 5 yrs were spend in oct 2009 and they still refused him.

cor-32

did it include the endorsement? or when the fine was paid? My court documents show "fine of x, with 4weeks default,
my charges were of fraud 99 and dui 00,with 1yr ban. all done the second, including the ban were 11yrs ago

i am still going to apply for rehab, or be deemed rehab'd and applying inland to avoid leaving, just incase i am asked for interview, even though we are together over 8, married over 6

irishgirl33

the actual court documents didnt say a lot really.only what he was charged with.we put a copy of his paper driving licence which had the fine and ban stated on it.

irishgirl33

hubby has TRP and TWP now but we have also applied for crim rehab before he came to canada.

cor-32

i am starting to regret NOT being asked on entry into Canada about my past! I am here a year and a month, still waiting apply