Former Lancastrian

What was the drug conviction in 2004 (type of drug)?
The 5 year time frame relates to application for rehabilitation or removing a summary offence only conviction provided 5 years has elapsed since the completion of the conviction. If the offence falls under section 36(2)(b) IRPA and has a sentence where it mentions indictable or summary then you would still be inadmissible as 10 years has not elapsed since completion of any sentence.
More info needed regarding the conviction i.e possession, trafficking, importation/exportation.

Brashnaldo

Thanks for the reply;

It was "production of cannabis". Growing plants basically, more serious than possession but not as serious as 'with intent to supply'

Former Lancastrian

Your offence would equate to section 7(2)(b) Controlled Drugs & Substances Act
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;

In the sentence it says indictable and would fall under section 36(2)(b) inadmissibility IRPA. If 5 years has elapsed since any sentence imposed and has been completed then you are eligible to apply for rehabilitation $200.
You are not deemed rehabilitated until 10 years has elapsed since any sentence imposed has been completed.
I find that a 4 month time frame to apply for rehabilitation is not realistic.
Legally you can apply for a Temporary Resident Permit at the POE $200 but the issuance is at the discretion of the officer and you can be sent back home and not admitted to Canada.

Brashnaldo

OK, thanks for the info; so there is a chance that they may deem me rehabilitated, but I definitely have to apply for rehabilitation.
So I have two choices;
1) apply for Temporary Resident Permit at the border
2) apply for a visa before leaving, and here there is even the chance that they will deem it spent

Either way I am going to need some documentation, so can someone help me with a checklist of documentation;
1) ACRO report
2) letter from magistrates court saying I paid the fine
3) Covering letter explaining the crime and current situation
4) Actual application itself

What else would I be needing?
Thanks for any info.

Brashnaldo

Dont worry, found it!
http://www.cic.gc.ca/english/informa...ns/rehabil.asp

thorold

Hi

Just to let people know that i received my letter today stating that i am rehabilitated. I am from Ireland and i received a 2 Year Ban in December 2004 for a DUI. I postponed my ban and started it in May 2005 and in May 2006 i appealed and got my license back a year early. Even though my ban was for 2 years it states on the CIC website that you can apply 5 years from the date your disqualification ended or when you received your license back whichever comes first. As i received my license back in May 2006 i was eligible to apply in May 2011.
I entered Canada 3 times in total being totally ignorant to being inadmissable but as i was never questioned by immigration i never declared my conviction. I included this as a side note in my application just to be totally transparent.
My application included the following
1)Table of contents
2)Relevant Forms
3)3 References from a solicitor and politician and a Principal of a School.
4)Criminal background check from ireland that included my conviction
5) Criminal background check from Australia
5) Court Documents
6) Photocopies of all pages of my passport
7) Photocopy of my Girlfriends Passport who is Canadian
8) Reference letter from my current employer.
9) My current CV
10) Certificates to prove the qualifications on my CV.
11) Relevant fee.
I put all these documents into a sleeve binder and numbered every sleeve with reference to the table of contents. I felt that the easier you make it for the officer looking through your documents the better.
They received my application by registered post on 24th October 2011
I have attached the letter i received today. Next step is to start my Visa application.

bigdaddy4

I got my rehabillitation yesterday im good togo

Greyfox

I was wondering if I could get the forums advice on my case. I was going to go down the route of info only rehab for a spent conviction (assault in '04 £100 fine) but I'm a little concerned. You see I've already been to Canada, in '09 I was there with my family (my dad bought the tickets and arranged the holiday). When we got there no one asked about past criminality and if I'm bonnets I never knew about inadmissability until a week ago when I did some (extra paranoid) checking on the matter.

What my concern is even if I am able to argue that as my conviction is spent (I know it's not 100% airtight judgement) would I be denied due to my previous entry (12 day holiday) to Canada?

Anyone able to advise me?

Prob should clarify, I live in the UK and I'm going to Canada for a holiday in August.

thorold

I entered Canada on 3 occasions when i was inadmissable and i stated this on a separate sheet with my application and explained i did not know at the time i was inadmissable and once i found out i did not return. This was with my application for full rehabilitation and not for information only. I received a letter 4 months later stating i was rehabilitated so it did not seem to effect my application. I decided i was better off being honest than them finding out at a later date.

Greyfox

I seem to be at a cross roads. I've got 12 weeks to sort everything out - maybe enough time for the info only but not enough time for the full rehab. I'm not sure if I should mention it on my form I mean my trip to Canada doesn't hold much relavence to my spent conviction (I'm really only asking them if my spent conviction under ROA qualify me to be once again admissible to Canada) I've tried to look this up but I can't go d anything. I mean do they check my passport against records and say well he's been here before and he's asking for info on rehab therefore when he was here he must of lied to get in.

I don't want to go to Canada with the info check but I'm concerned that as I've been before I'm automatically inadmissabile even if I try any argue that I'm rehabilitate in the UK. Anyone with a similar story?

Also I thought id clarify, when I got to canada the woman at the immigration deemed asked why I was here, what my plans were and wished me an enjoyable holiday. I have no idea if they record these conversations for their records.

christmasoompa

I'm not sure you'll get the definite answer you seem to be seeking on a public forum full of laymen tbh.

Maybe consult with an immigration lawyer/consultant? You can search the forum for recently recommended ones.

I'm just not sure anybody on here will be able to tell you for sure what to do, you've already had the opinion of Former Lancastrian, who is a border officer, so you know what he'd expect if you turned up at his immigration point! I think you either need to send off for your info only app pretty urgently, or to consult a professional if you want surety.

Good luck.

firstchoice

Not a good situation.

I encountered a case recently where an individual was detained at Vancouver International airport for more than 24 hours based on a conviction for assault that occurred over 12 years ago. He would have been sent back home if we had not intervened while he was in the departure lounge and requested a Hearing.

The fact that the conviction is spent in the U.K. is often ignored by the Canadian authorities, and inadmissibility can be based on the immigration officer's opinion that you have committed an offense outside Canada - if the offense occurs outside Canada no actual conviction is required.

So my advice to you, if you don't have time to complete the rehabilitation application before you leave, is to take all your police records with you and prepare an application for rehabilitation to present at the border. If they don't want to let you in, you have the option to withdraw your application for entry and go home with your tail between your legs. As Former Lancastrian says, the decision to issue a Temporary Resident Permit is discretionary in this case, so in your situation you might not want to insist on a Hearing.

Greyfox

I do have to say the situation is giving major stress, as I'm desperately trying to gather all the correct documents and so.

Although the case has now been given a fresh twist. The court records clerk I was talking to has now told me I was admonished (equivalent to E&W absolute discharge) and given a fine. This was spent after 6 months and not 5 years (still confused but I'll email my original lawyers on Monday) as I always thought. I've emailed CIC in the meantime just to see if they are able to offer advice over and about the actions I'm doing.

The maddening thing is my family is treating me like a doom merchant for thinking of the worst case scenario and somehow the IO will 'understand' the extreme minor nature of my records. I tell them they'll do their job, judge me on Canadian law and boot me towards the mid Atlantic.

To quote Jon Greene from his YouTube crash-course world history (it's awesome if you love history check it out) "I hate you so much, me-from-the-past!"

colin1983

Hi, I have just spent a few hours reading this entire thread. Thanks to all who have contributed especially the OP. I've also spent a bit of time doing as much reading as I can elsewhere on the subject and I'm still not entirely clear yet where I stand so I hope some of you could be kind enough to tell me what you think.

I plan to go to Canada next year on the Work and Travel Visa.

When I was younger I had a fairly immature year at University which resulted in me doing a couple of very stupid things. Firstly, I was caught urinating in the street and after an argument with some officers I was arrested and subsequently received a police caution for the following offences:

1. Indecent Exposure
2. Resisting Arrest
3. Obstructing Police Business

The incident occurred in October 2006 and if I signed the police caution in November 2006.

Then in May 2007 I was involved in another stupid drunken incident and arrested for 'Disorderly Conduct in a Public Place'. I went to Court in October 2007 and received a 12 month 'Conditional Discharge', the relatively light sentencing due to mitigating circumstances etc.

Anyway, it is my understanding that I have do not have a criminal record nor do I have any criminal convictions. However, I have admitted guilt to offences which I believe would be 'Summary Convictions' in Canada. I also understand that my police certificate from ACRO is likely to come back with 'No Live Trace' indicating some sort of record.

So my questions then, if someone could help me, are:

1. Since under ROA I understand cautions and conditional discharges are essentially 'spent' once they are finished then does the Burgeon ruling apply in my case and should I be deemed rehabilitated?
2. How do I go about apply for this? Should I send off a 'for information only' request and if so, what further documents do I need to obtain and send off?

Any help or comment is greatly appreciated!

Also, just to mention, I am fully 'rehabilitated'. These were stupid incidents during a bit of a silly period in my life, I since gained a degree and have had a full-time job for over 4 years now. I will also soon qualify as a Chartered Accountant.

DragonSpirit

That's awesome news and definitely encouraging. Thanks for sharing.