admissiblebrit

Awesome news, i figured the Burgon ruling would apply to you. Its a good sign that this is consitent thing

Tring

Scotty: congratulaions! This is awesome news! I wish you the best of luck with your next steps and your future. Hopefully you can put this part of your past behind once and for all. Well done!

Admissablebrit: yes I agree with you. Although I do worry that sometimes even though we follow the rules and do everything in a very straigthforward way, yet we have no control over how other people in postions of control perceive things.

admissiblebrit

Absolutley, the hardest part is reconciling that your fate could potentially lie in anothers hands. Being quite the alpha male the submission to let things run its course was the hardest part for me

DragonSpirit

Congratulations to you! I have been following this thread closely for advice. Good Job!

Tring

hi guys.. just wanted to check in and see if anyone here has any developments (and to keep the thread alive!). I am still waiting to hear back on my application which has been with the CIC since early May (next week will be 2 months!).

soon to be ex

I am currently putting together my rehab application after being surprised to find a military conviction for common assault on my police certificate. The surprise because what authority does the military have to place a conviction on it's database (REDCAP) that the PNC can see and include it on a police certificate (but that's a different matter than I would like to raise).

I will put the whole incident on this string once I've sent the rehab app off with our full application (we have passed initial scrutiny and have the 120 day letter, apps to london by 12 Oct).

Some background:
date of conviction 12 July 05, common assault (as stated) (5 years exactly), so rehabilitation complete, however the fine (£1000) was to be paid off over 3 months. The fine is taken directly from my pay so there is no chance of non-compliance. £333.33 taken for 3 months and £0.01 taken on the 4th month. Last payment (£0.01) 30 Nov 05

My question is this do I check 'application for approval of rehabilitation' or because of the fine check 'for information only'. Rehab under UK law is complete but there seems to be a bit of confusion as - I believe - the Canadians take the start date for rehab as when the fine is fully paid off.

If I check 'for information only' and the authorities are happy, would I get the same thumbs up as if I checked the 'application for approval of rehabilitation' box?

Thanks for your thoughts.

admissiblebrit

Rule is 5 years from completion of sentance as told to me by my lawyer

soon to be ex

So you would say 5 years from when the fine was paid off?

admissiblebrit

Yes as a general rule in Canada. If your conviction is covered under the ROA 1974 check with a solicitor if it becomes spent 5 years to the date of conviction or 5 years to fate of sentace complete thus could make a slight difference due to how immigration officials are told to assess uk convictions. The rules are slightly different for us Brits

Sun10

Hi ScottyB

I was wondering if you can help me with my case which is slightly different from others.

I am thinking of applying Permenant Residence for Canada and I am also thinking to go there before I apply for Permenant Residence. I am a British Citizen and however before I apply I would like some clarification. In September 08 I was convicted of Drink and Drive offence for which I received a Conditional Disharge and was given 12 month ban. According to UK Rehabiliation of Offenders Act my conviction is "spent"(after 12 months) because did not receive any fine(which gets spent after 5 years). I have certificate from Disclosure Scotland and I have also got letter from Police stating my conviction is "spent" in UK.

Do you think I can apply for Rehab app as my conviction is "Spent" according to UK Rehab Act.

Please help.
many thanks

Sun10

Hi Guys

I was wondering if you can help me with my case which is slightly different from others.

I am thinking of applying Permenant Residence for Canada and I am also thinking to go there before I apply for Permenant Residence. I am a British Citizen and however before I apply I would like some clarification. In September 08 I was convicted of Drink and Drive offence for which I received a Conditional Disharge and was given 12 month ban. According to UK Rehabiliation of Offenders Act my conviction is "spent"(after 12 months) because did not receive any fine(which gets spent after 5 years). I have certificate from Disclosure Scotland and I have also got letter from Police stating my conviction is "spent" in UK.

Do you think I can apply for Rehab app as my conviction is "Spent" according to UK Rehab Act.

Please help.

many thanks

Sun10

Can someone help.

Thanks

admissiblebrit

Hi there, get a rehab form fill it out send it along with copies of your certificates. Be sure to check the box that says for information only. If you don't need rehab as you fall I'm the catagory as a person who meets the requirements of the burgon ruling they'll write back and tell you that you are not inadmissible and you do not need to apply for rehabilitation. By checking the for infoation only box you will not have to pay as they are not processing the app. They are merely assessing your eligability

Sun10

Thanks 4 ur help. Can you pls tell me little bit about Burgon case.

admissiblebrit

Essentially the ruling means that if the justice system of a foriegn country is cparable to that if Canada, then that justice system can be accorded consideration in evaluating inadmissibility. The Canadian justice system founded on the principles of the uk system is accorded this consideration. As such immigration officers have been advised to generally assess minor criminality upon the uk rehabilitation of offenders act 1974