The Hampsons

Thanx for that but I just get so nervous, I would hate for us not to get into the country because of me. I shake going through customs when we're going on holiday, I think its the uniform haha. We've have had contact from our solicitor and they said that we have 3 months form the 2nd of march to get all our details together. My husband said though that we could still get refused. Iam so excited / nervous, I hate the waiting game.....

The Hampsons

Well I've had my police cert back and it says on it "NO LIVE TRACE" so I assume that this is good news and do not have to have the Rehab. I dont want to get my hopes up though. Whats the next step I guess its a waiting game now.... Any advice

christmasoompa

No Trace means there is no criminal record at all, No Live Trace means there is something but it's not recent.

As it was 15 years ago, you shouldn't need rehab but will obviously have to declare it as it's on your police cert.

oliverjude

Applied for twp and criminal rehab (Drink driving in Dec 04, 12 mth ban) at the end of March. Got a call this week from cic to say the TWP has been approved and that an e-mail had been sent with all we need to get a twp at port of entry.

When I asked about the criminal rehab, he checked and said we didn't need one and we will not get our fee back, which I knew. When asked why we didn't need a rehab cert he said he didn't know . Is this normal.

Feels like a waste of time and money.

cityhog

What kind of response is that? Did they pocket the money or what?

oliverjude

This is the e-mail CIC sent.

We write in reply to your enquiry. It has been determined that you are not criminally inadmissible to Canada as the conviction from 2004 is deemed "spent" under the Rehabilitation of Offenders Act.

You therefore do not need to apply for criminal rehabilitation for any application for travel to Canada. Your work permit(s) has been issued to you by email on 07/5/10.

I wish the web sit was a lot clearer, it would have save to much time and effort, plus £120.

Before you waste your money, tick for information purpose only!!!!!

dsafgh

how i could find if i need rehab , i have been fined for negligence @ that not written in the pcc is that need rehab

bron111

Hi all
advice please, my husband has a conviction that is well outside the 10 year rehabilitation date, does he still need to go through this process for submission to federal gov in london. Nova Scotia have accepted our application?

thanks bron111

cityhog

He doesn't have to apply for rehabilitation because he is deemed rehabilitated as it happened more than ten years ago, but he'll be asked for additional docs when your/his VO starts processing your app at CHC. That is, if it's still there on his police certificate, he should provide additional police & court docs. It's up to you when you submit them. If you wait until your VO asks for this, it'll delay the processing of your app for at least a couple of months.

bron111

Thanks - conviciton is on criminal record but is spent. How can we get copy of police. sol doc etc given time scale. I know as being a Probation Officer we only keep information on clients for 5 years and then this is distroyed. His sol is also no longer around. Thanks bron111

cityhog

You should contact the court that sentenced/fined/put him on probation. The UK court system is probably different from the US one where convictions that are more than ten years old are still kept on record.

The Hampsons

I keep hearing about convictions being spent after 5 years, I'm sorry to say but even a suspended sentence stays on your record for ever, sorry guys. It never goes off just goes dormant but if they want to they can still get details of anything if you have come incontact with the police that has gone against your name. I went for a job in the nursing sector and i was done (fined) for assault when i was 16 and Iam now 41 and it still came up on my crb check, but I've just got my cert back and it says "nolive trace". I've been informed that the CRB checks and the checks that the immagration do are not quite the same but it's adviseable to declaire it.

admissiblebrit

You need to understand the act and how it relates to spent convictions


"There are some situations in which people will be expected to declare their convictions, even if they are spent. Some of the principal ones are:

Appointment to any post providing accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training to people aged under 18. Such posts include teachers, school caretakers, youth and social workers, child minders.
Employment involving providing social services to elderly people, mentally or physically disabled people, alcohol or drug misusers or the chronically sick.
Appointment to any office or employment involving the administration of justice, including police officers, probation officers, traffic wardens.
Admission to certain professions which have legal protection (including lawyers, doctors, dentists, nurses, chemists, and accountants).
Appointment to jobs where national security may be at risk (for example, certain posts in the civil service, defence contractors)"

Generally if you arent applying for any of the above in the uk you can by law check NO in the criminal convictions box

For immigration purposes (in my and others experience on here) they seem to follow the ROA 1974 act when evaluating convictions and rehab

mojovibe

I'm still not sure what to do in the case of my other post on this thread regarding my driving ban 16 years ago for drink driving. Do I simply tell the immigration officer that I was banned for drink driving 16 years ago, and willl this be acceptable? Or do I wait for them to see my crb and ask me what the arrest was for, then tell them? Again will this go against me?

Also will it be the immigration officers at the embassy who will ask me such things, or the officers in the airport?

admissiblebrit

get a rehab application for check off for information only send it along with your police cert, usually you get a reply real quick on for information only ones, if you're no longer inadmissible and dont require a rehab application and/or TRP they will write back and tell you. Then just take the letter along with you. Since you have been convicted of a crime you should answer yes, but as 10 years has elapsed you should be deemed rehabilitated, if your sentance fell in the ROA 1974 category then it should be spent and you shouldn't have any problems. Remember if never hurts to send off information to ask, and its always better turning up at the Port of entry with everything in order.