cityhog

If it's not on your police certificate or criminal record, it's not a criminal conviction, so no need to explain to CIC.

kazmania

Hi all I wonder if I can get some piece of advice? I have a caution from 8yrs 7months this week and have applied for fsw1 declaring it on the form to cio. Do i need to apply for rehab separately from the 120 day email docs or just submit my police cert along with application. My caution is spent under the uk rehabilitation act and police cert says no live trace. thanks

admissiblebrit

No you won't need to apply for rehab however you should declare the caution on the application

kazmania

Thanks. I have declared it on the forms already so they are aware of it.

MUA

Hi,

Has anyone had "No Live Trace" on there ACPO Police Certificate??? My OH has and they asked for additional information in our own words, which we sent along with a Character Reference from a family friend who is a Retired Police Officer. We also sent the first ACPO Police Certificate which I applied for back in Nov 2009, and because we weren't ready to send the application (and it had to be within 3 months) we applied for it again. The first Police Certificate had details of what had happened. Bearing in mind that the last brush with the law was over 12 years ago, what are our chances of get PR status for my OH. BTW I've got dual citizenship along with my kids.

Look forward to hearing comments.

Anita

admissiblebrit

Well no live trace means there's something in the past that is expunged. Without knowing what it is it is hard to give you any advice on what the outcome could be

MUA

Well he had 2 vehicle theft , 1 driving without insurance and in 98 it was an incident instigated by my OH brother and he was sticking up for his sibling. But 1998 was the last time and like I said earlier all these have now been spent???

Matthewwinnipeg

Hello all,

I registered with this website because i have a Criminal Rehabilitation application coming up that I am eligible to send off next April. Now that I have actually read what documentation I need to include, I am feeling a bit overwhelmed with it all. I wonder if anyone can clarify something for me.

My background details are that:

I came to Canada as a visitor despite inadmissiblity in 2007. This was to pursue a romance. We got pregnant very quickly, and in June 2008 my son was born. So I have a son who is a Canadian citizen. I split from his mother earlier this year, and I see my son four, five times a week, sometimes more. Canada Immigration granted me a TRP which was a year long. My TRP is due to expire rather soon so ive applied for an extension of that and my open work permit and that is in process right now.

Now, my thoughts need to turn to the Application for Criminal Rehabilitation. My questions are these..

What if i dont have any references who are upstanding members of the community? Im quite young and so i didnt establish any relationships with anyone who was a member of the police force, or any lawyers, or anything like that. The people back home who could give me references are just very average people occupationally, unemployed bums, carpenters, pizza delivery people etc. So they dont count.

What do i do if i have no references? Also, would i need references from people in Canada as this is now 'my community'? In Canada I certainly dont have 3 references, i havent made a large amount of friends here and definitely not with anyone who counts as upstanding occupationally.

Also, last night I started reading on this website about the Burgon situation. How interesting... I almost feel like there may be a small chink of light here.. I sadly accrued 3 convictions during 2 occasions. The first time I received two convictions and i was sentenced to 9 months in a Young Offenders Institute. I served 2.5 months, then was released with a tag around my ankle. This conviction was in 2002.

Secondly, i was convicted of something that I received a 2 year probation order and a fine for. This was in 2004, sentence ending in 2006.

Now... with regards to this Burgon thing, it seems a spent conviction in England may lead to not being inadmissible. My 2004 conviction would normally be spent but the first 2 convictions (which ran concurrently) overrule it.The first 2 convictions (and therefore the 3rd conviction also) will be spent in 2012, 10 years after the conviction date.

Does the Burgon thing only count for minor criminality? Because the first offence was Robbery, which isnt minor on paper. The final conviction was a serious sounding one on paper also. Is there hope for me in that sense?

If a conviction is spent, is that enough for it to be considered expunged in Canada, regardless of what the offence was, if the sentence was less than 2.5 years jail? This is the first thing that Im curious to know, I have a couple more questions too if anyone is kind enough to answer. I am feeling a bit weighed down by it all, in the first 4 months of next year I have a divorce coming up, money to spend on a lawyer in that sense, I have to get all of this stuff figured out and put together (by April) and I have to manage a business at the same time. Anyone who can help, I shall love you forever.

Thank you guys.. P.S. this website is FANTASTIC! Very helpful indeed.

JAT5

Hi there

Thank you everyone for this thread. I want to go to Canada for a holiday but have a caution from 7 years ago (it was given to me at the police station, i didn't go to court) - 7yrs is longer than the 5 yr minimum requirements and in any case cautions are spent instantly.

But it appears that I need to get a police certificate and then send it off with forms, ticking information only and referring to the relevant laws and that special defining case that everyone keeps referring to - they will then write to me and tell me if I am inadmissible or not, then I can go from there!

Is that right?

I have emailed the CIC asking if I need to apply for deemed rehabilitation with a caution from 7 years ago, so will also see what they say. Maybe I shouldn't have done that as if they ask me to apply for deemed rehab then i've shot myself in the foot instead of just sending the forms off for information only!

Thanks guys

dietswork

Correct.

No, "as U.K.conviction was spent for the purposes of subparagraph 19(1)(c.1)(i) of the Immigration Act.", and serious criminality can be pardoned in Canada anyways.

Regarding Burgon, it states "There is no good reason for Canadian immigration law to thwart the goal of this British legislation, which is consistent with the Canadian law."

However, it doesn't state it MUST occur, just there is no good reason why it shouldn't.

There was hope, but then this occured to complicate matters.

kazmania

Hi All,
I wonder if someone can help me please? When you are doing an information only criminal rehab do you include things like references from peole in the community or just the form and acpo cert. thanks

JAT5

Did you ever find out? I'm in the same predicament - as its for information only do you need to submit all the references etc

thank you

dietswork

So, when you filled in TRP originally, and the extension, how did you answer the question on criminality and tally that with the signing of this

"It is an offence under section 127 of the Immigration and Refugee Protection Act to knowingly make a false statement on this form."

as that would make you inadmissable for another 10 years.

or what am I missing here.

N8GOW

I'm in exactly the same boat as you; I was court martialled in 2001 for drunkenness & battery, I was reduced to corporal from sergeant.

My wife is a nurse, & she is the main applicant, does this mean I have to go through this whole process????? Do they look at your military discipline file??? I have quite a few charges at Commanding Officer level.

I always thought Army charges were not civvy ones, as you know well, it tends to be "March in the guilty!!!!"
I have to post 3 posts to be able to PB anyone, so sorry in advance, there will be another two posts to follow in quick succession.

N8GOW

How long does the whole process take for the Application for Criminal Rehabilitation take, does any-one have a step by step idiots guide.

Soon to be out, did you have to get court martial details? if so where from?