AlliF

I realise this is a bit of a how long is a piece of string question and every case is different but I was wondering if anyone can advise me what the current decision times for criminal rehabilitation are averaging out at?

I see on the website it says it can take over a year but am wondering if that is just in the worst case scenario?

The situation is that I have just submitted the form & paperwork for myself to be rehabilitated a few weeks back as we thought my husband may get the chance to do some work in Canada sometime in the future.
As luck would have it his dept are now suddenly laying off people in Melbourne but a temporary opportunity has come up in Winnipeg (still within his current company), which they are really keen on him going for.
Obviously they would have to get an LMO set up and so on and they are currently looking at 6 months or thereabouts as a timescale.
Do you think I have any chance at all of getting a decision through that quickly.
So depressing that he has this great opportunity but my distant past, 20 odd years ago may mean we can't go for it.

firstchoice

If it was a conviction for a single offense more than 20 years ago and outside Canada you may not need rehabilitation. If the offense is classed as serious criminality though you are out of luck.

I doubt you will get an answer from the Sydney visa office quickly. You could try presenting a complete rehab application at the POE instead and hope to get approved there, but it is a long and expensive trip back. It may be a good idea to share more details of your youthful indiscretions with us first

AlliF

Thanks First choice, unfortunately it was two convictions so I cannot be deemed rehabilitated.
The convictions were in 1995 for Fraud (I issued a bunch of personal cheques without the funds to clear them in my a/c - the amount totalled just under 1000GBP) and theft. Got a 20hr community service order, and a 50GBP fine.
So it doesn't sound good for us going then. I wouldn't want to risk the trip to get turned round at POE - not only long and expensive I also have a 2 yr old daughter so don't think she would appreciate the round trip lol

firstchoice

That does not sound like a fun trip, no.

The only thing you might consider then is staying in Australia while your husband is working temporarily in Canada. In the case of a permanent residence application all family members must be examined, but a non-accompanying family member of a work permit holder does not need to be examined (to show they are admissible). It does mean you would be separated until your criminal rehabilitation is approved - and unfortunately there are no guarantees as to how long that might take. If your husband would only be going to Canada for the short-term you might want to consider that.

AlliF

Thanks.
If it were just the two of us that might have been an option but there's no way he would want to be apart from our daughter, and if my rehabilitation application was denied then we would be in trouble. The contract he was looking at is 2yrs.
May just have to re-think for now and look at opportunities elsewhere in the world meantime. Maybe somewhere a bit cooler than Australia to start getting us acclimatised if it does come through.

barcomi

I just applied for Criminal Rehab in London UK, posted the documents yesterday and they were delivered today !
I wonder myself what is the time-scale for rehab and looking at all the forums it seems it varies on case by case. Some people say it takes few months up to an year, others few weeks ... (lucky ones).
Will let you know when I get mine (hopefully soon). I got 12 months ban + £250 for drink driving in 2004.

Former Lancastrian

Legally any person who is inadmissible into Canada who does not require a TRV to enter Canada can make n application for a temporary resident permit or application for rehabilitation where the offence does not fall under section 36(1) inadmissibility ie where a term of imprisonment is 10 years or exceeds 10 years such as Burglary, Forgery, Rape, etc.

CAVEAT : I do not recommend this route as CBSA at the Ports of Entry are under no obligation to issue a TRP. Even submitting an application for rehabilitation at a POE is not suggested as the application has to be complete, reviewed by an officer and a decision made usually by a Chief, Manager, Director who has the delegated authority to say yes or no based on the officers recommendations. This decision could take several days and until the decision is made you are still INADMISSIBLE so can still be refused entry.

PMM

Hi


1. Also should note that it is a one shot deal

"As of March 1, 2012 the public policy exemption would apply to an FN to whom a TRP is being issued at a port of entry (POE) or a visa office abroad, who is inadmissible solely on the grounds of “criminality” under section 36(2) of IRPA, and who:

was convicted of an offence and received no term of imprisonment as part of the sentence imposed; and
has had no other convictions or committed any other acts that would render the person inadmissible."

barcomi

Hello,

Do you think I can send my federal skilled worker application whilst I am waiting for decision on Criminal Rehab? Perhaps send a copy of the criminal rehab along with the fsw application with explanation letter that I have applied for it and waiting for decision?


Regards,

AlliF

Good luck, hope it comes through quickly for you.

Former Lancastrian

I dont see why not I guess it will all depend on how long the criminal rehab takes. You won't know till you try.

barcomi

Think this is what I am going to do. If the criminal rehab arrives couple of months after I have send the FSW application, am I allowed to send additional documents torawrds the FSW application?

Former Lancastrian

My logical thinking would be if you qualify under the FSW but have not received the rehab CIC will determine you are inadmissible. Bear in mind there are only 300 spaces in each of the 24 groups of the 5000 spaces in the FSW. If all those spaces are gone then you would be SOL even if not inadmissible. I would simply attach a note along with your FSW application stating that you have applied for rehabilitation and once approved will forward the documentation i.e. letter of rehabilitation.
Depending on your job there will only be 300 spots.

barcomi

Former Lancastrian,

Just to let you know we applied through the FSW program in June. Due to the uncertainty at the time we used the services of Canadian Lawyers, who said we can apply whilst waiting to have my criminal rehabilitation approved ...

Anyway, today I received the approval of the criminal rehabilitation, and also yesterday I managed to get my UCI number from CIC re the FSW application. It says in Process when I check it online, haven't received e-mail PER officially yet, but so far so good ...