Peterdk

Guys,

A lot of good info in here, still missing some points wherefore have to ask;

just over 10 years ago I was convicted of forgery and fraud - two indictments, but for the same action so to speak. It was in very very small scale.

My immigration lawyer told me "I should be good" here 10 years after and I am about to apply for EtA, but before I do I wanted to hear if anyone else in here have had success coming through being accepted with a criminal record without having to apply for rehabilitation? I have my doubts whether they actually do give away "deemed rehab" once you have had anything on your record as the easiest would be just to decline all applications of course. It looks like the Application for Criminal Rehabilitation has to be handed in at the Canadian Consulate and approx wait times are 6 months...

Best Regards and thanks

Former Lancastrian

Without seeing the actual charge you were convicted of in the UK and then equating the Canadian equivalent offence its possible that you would not qualify for deemed rehabilitation as it could be considered an offence under section 36(1)(b) offence under IRPA which is serious criminality and therefore never deemed rehabilitated and must apply for rehabilitation.
If the offence is considered to fall under section 36(2)(b) IRPA and only one conviction then deemed rehabilitation would come into play.
The offence and conviction would need to be declared regardless if deemed rehabilitated and probably CIC would be asking for more info before issuing the eTA.
Overcome criminal convictions

This link shows the table of contents for the Criminal Code Of Canada and Forgery & Fraud begin at section 366 and all the way to section 415.
http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html

Peterdk

Many thanks for your reply to me, highly appreciated. Yes you are right there are som doubts about that, but I have read that it comes down to actual amounts for fraud and forgery charges (i.e. below 2,000 CAD is not considered a serious).

The main problem is though likely that the offence had 2 convictions i.e. fraud and forgery.

What would be the best cause of action to take when applying for rehabilitation? individual and then go to the Canadian Consulate with all the documents?

Former Lancastrian

Im assuming the charges arose out of a single event and not 2 x separate events and were dealt with in court as one trial. If so you would only have one conviction.

What you might be thinking of is theft under $5,000 is not a serious offence however its theft and not forgery but if over $5,000 involving a fraud charge it then becomes a serious criminal offence as per section 380 Criminal Code.
Using a forged document is forgery and there are no monetary values as per section 366 of the Criminal Code.

For rehabilitation applications you have to provide the foreign law (statute) you were convicted under and then IRCC would equate the offence to the Canadian equivalent so without seeing either the conviction certificate or police certificate its a guessing game as to if its serious criminality 36(1) or just criminality 36(2).

You can send in a INFO ONLY rehabilitation package and you will get an answer.

Rehabilitation for serious criminality 36(1) is $1,000 but rehabilitation for 36(2) is only $200 and because it was more than 10 years ago you could be deemed rehabilitated so no rehab package required.

It will all depend on how IRCC equate the offence to Canadian law based on the law you were convicted under.

Peterdk

Hi,

Many many thanks for the above reply and sorry for the late reply. I am really glad that someone are willing to use their precious time on clarifying these things as well as you are.

It is indeed correct that the charges arose out of a single event and was dealt with in court as ONE trial. One charge was forgery and another charge was fraud. The total amount was abt $100 (yes correct 18 years old, drunk and pretty unlucky)

You mention that forgery charges is always serious criminal offence i.e. monetary values does not matter?

My hope is of course that I can be approved as deemed rehabiliatated via the EtA system when submitting the court documents with the statutes i.e. 10 years ago and one conviction only. This is FYG how the system is set up to. They will ask you to submit documents online to them (after you have ticked off "yes" to criminal records) whereafter they will adjudicate. BUT I have an fear that 9/10 they will just decline any cases in reality.

How does the INFO ONLY "rehab package" works - is that via the consulate as an applicant for a visa and then 3-6 months of process while awaiting approval as "rehabilitated" i.e. a bit like the american system works?

Thanks again for your help and advise.

regards

Former Lancastrian

The INFO ONLY is submitting the info without paying the fee of $1000 or $200 and getting a decision. If found inadmissible you would then submit a rehab package with the fee. If not found inadmissible then no rehab required although with eTA you would probably have to submit documents so the same decision could be reached or submitting a copy of the letter from CIC (IRCC) from the INFO ONLY decision.
It will all depend on how IRCC equate the actual charge or conviction based on the statute in your home country you were charged and convicted of and at the moment thats impossible to do without seeing the details on the police certificate or court documents showing the charge and conviction.

Peterdk

Thanks, got it! the only problem is that Eta system will just tell you "not approved" and that is it (I know from other people who have tried) No further advise on how to overcome or submit for an approval package and pay the fees you talking about etc. etc. hence the question on where to actually GO for submitting such an application so that I can get on with this and start visiting Canada. I dont mind paying the fee at all, but just kind of hard to figure out how to get this process started in the first place.. hope you following me, perhaps we are misunderstanding each other (or I most likely am)

Former Lancastrian

The guide and instructions are found in this link
Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

The full packages can be found here
Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

Although the 2 links look the same there are differences once you click on them

On the application there is a box for ticking off FOR INFORMATION ONLY.

A 36(1) offence cost is $1000 but a 36(2) is only $200. Which fee you choose to pay is your call. IRCC will either ask for more money or they should refund if required.

Vulcanoid

Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

The instruction guide tells you where to send it, what fees to include depending what needs to be overcome, and how to get an info only request (question 1 on the form) which will tell you if you need a full one, and if so, how much you need to pay.

Peterdk

Thank you very very much!!

ponylife

Also a good idea is to order an extra ACRO certificate/scan a copy and apply for the eTA as soon as you get the result back from the 'for info only' rehab application.

We didn't realise that you need a copy of the certificate for the eTA and almost had to pay for another application because it had to be dated within 6 months for the eTA application.

Peterdk

Thanks a lot, will look into this and get it done.

Peterdk

Looked a bit on the forms now... whats the main advantage of the "for info only" application? I mean why not just go straight ahead and ask for rehabilitation right away? Is there a chance that the reviewing officer on a "for info only" application will tell me that I am actually already rehabilitated due to the sentence and the 10 years passed so i can apply for EtA instead? any one with practical knowledge about this?

kind regards

Siouxie

1) It's far quicker - a matter of weeks rather than months
2) It's far cheaper
3) Yes. The reviewing officer will tell you if you are deemed rehabilitated or if you need to apply for full rehabilitation.

ponylife

We thought my other half would have to apply for rehab as was just under the 5 year mark, applied for info only because it was 'free' (not incl. ACRO) and would tell us exactly what we would need to do to be deemed rehab/how long we would have to wait to reapply.
Got a response within 3 weeks, and said he was deemed rehabilitated and could apply for eTA, saved us $200 and a lot of headaches.