deemed rehab
May 15th 2017, 4:43 pm
#16
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Posts: 66
Re: deemed rehab
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.
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.
Sounds good, thank you so much for sharing this info. Did you pay for the "Info only"?
also, may I ask.. did the EtA then go through even after you ticked off the "do you have a criminal record" in the online system? This is where I fear it will go wrong. When you tic off "yes" to criminal record it will block you temporarily while they awaiting for me to submit docs, then I will submit the documents and then have to wait for another officer to review same and come up with a conclusion? (might not be the same outcome as the "info only" officer came to)
I guess this is the procedure?
Also, may I ask... did your better half only have one conviction as well?
Thanks in advance and best regards,
May 15th 2017, 5:00 pm
#17
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Joined: Mar 2016
Location: Gold Coast QLD
Posts: 61
Re: deemed rehab
Sounds good, thank you so much for sharing this info. Did you pay for the "Info only"? No, the info only application is free to apply for but we had to pay for the ACRO certificate
also, may I ask.. did the EtA then go through even after you ticked off the "do you have a criminal record" in the online system? This is where I fear it will go wrong. When you tic off "yes" to criminal record it will block you temporarily while they awaiting for me to submit docs, then I will submit the documents and then have to wait for another officer to review same and come up with a conclusion? (might not be the same outcome as the "info only" officer came to)
We waited until we got the email confirmation saying he was deemed rehabilitated, then applied for the eTA online. When you click yes it gives you a log in to the CIC website where they request what ever they want. In his case it was an ACRO certificate dated within 6 months, had to request another one (only paying postage as just within 6 month time limit) as stupidly sent the first one off without scanning it. Then they authorised the eTA within a few days. Also forgot to add, I assume they just look at the ACRO and see if you have applied for rehab and go from that decision, or if you haven't applied and the crimes/dates on the ACRO require it they will decline the eTA. Not sure on how efficient they are but would hope that they don't have to assess it twice, just look up and find the result.
Also, may I ask... did your better half only have one conviction as well? Yes, just the one from 2011/convicted 2012 so not passed the 5 year barrier to request rehab which is why we did for info only.
Thanks in advance and best regards,
also, may I ask.. did the EtA then go through even after you ticked off the "do you have a criminal record" in the online system? This is where I fear it will go wrong. When you tic off "yes" to criminal record it will block you temporarily while they awaiting for me to submit docs, then I will submit the documents and then have to wait for another officer to review same and come up with a conclusion? (might not be the same outcome as the "info only" officer came to)
We waited until we got the email confirmation saying he was deemed rehabilitated, then applied for the eTA online. When you click yes it gives you a log in to the CIC website where they request what ever they want. In his case it was an ACRO certificate dated within 6 months, had to request another one (only paying postage as just within 6 month time limit) as stupidly sent the first one off without scanning it. Then they authorised the eTA within a few days. Also forgot to add, I assume they just look at the ACRO and see if you have applied for rehab and go from that decision, or if you haven't applied and the crimes/dates on the ACRO require it they will decline the eTA. Not sure on how efficient they are but would hope that they don't have to assess it twice, just look up and find the result.
Also, may I ask... did your better half only have one conviction as well? Yes, just the one from 2011/convicted 2012 so not passed the 5 year barrier to request rehab which is why we did for info only.
Thanks in advance and best regards,
Last edited by ponylife; May 15th 2017 at 5:41 pm.
May 15th 2017, 6:12 pm
#18
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Joined: Mar 2016
Posts: 66
Re: deemed rehab
- Thank you so much for the quick reply! Was he "deemed rehabilitated" a because of the 5 year mark and because of one conviction only then? (or perhaps they did not mention?)´. I just need to be re-assured that the "info only" and the actual EtA application kind of "talks" together in that way.
I have passed the 10 year mark for my conviction, but I was refused about a year ago when applying online for EtA, at that time it was only 9,5 year that had passed which I think was the reason why they declined, but I never got any feedback as I did not make a "info only" at that time (did not know about until today) My lawyer told me that "most likely" the system would grant me a EtA now that 10 years have passed, but he also told me the online system is pretty new to everyone so he wasnt certain.
Did they specifically ask for the ACRO themselves during the EtA application? and did you submit the ACRO already on the info only application?
/Peter
May 15th 2017, 6:33 pm
#19
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Joined: Mar 2016
Location: Gold Coast QLD
Posts: 61
Re: deemed rehab
- Thank you so much for the quick reply! Was he "deemed rehabilitated" a because of the 5 year mark and because of one conviction only then? (or perhaps they did not mention?)´. I just need to be re-assured that the "info only" and the actual EtA application kind of "talks" together in that way. They didn't say why, just that he wasn't inadmissible to Canada and deemed criminally rehabilitated.
I have passed the 10 year mark for my conviction, but I was refused about a year ago when applying online for EtA, at that time it was only 9,5 year that had passed which I think was the reason why they declined, but I never got any feedback as I did not make a "info only" at that time (did not know about until today) My lawyer told me that "most likely" the system would grant me a EtA now that 10 years have passed, but he also told me the online system is pretty new to everyone so he wasnt certain.
Have you looked through what you need for the for info only? He needed 2 character refs, an ACRO cert, any documentation from the conviction and a personal explanation of what happened and why he thinks he is rehabilitated. It is quite simple and well worth it just so you have a letter from CIC if your questioned on entry.
I don't know what will happen if you're declined for an eTA again but if there isn't a max amount of attempts then try and see what it says, if it allows it then great, if not do a free for info only application.
Did they specifically ask for the ACRO themselves during the EtA application? and did you submit the ACRO already on the info only application?
Yes submitted the ACRO cert for the rehab application, then when he applied for the eTA they sent an email saying someone has to assess the application (guessing a computer usually does it when you tick no to everything) they then sent an email with evidence needed, and requested the ACRO cert, scanned and uploaded it. Didn't get any feedback on what was done but they authorised the eTA within a few days.
/Peter
I have passed the 10 year mark for my conviction, but I was refused about a year ago when applying online for EtA, at that time it was only 9,5 year that had passed which I think was the reason why they declined, but I never got any feedback as I did not make a "info only" at that time (did not know about until today) My lawyer told me that "most likely" the system would grant me a EtA now that 10 years have passed, but he also told me the online system is pretty new to everyone so he wasnt certain.
Have you looked through what you need for the for info only? He needed 2 character refs, an ACRO cert, any documentation from the conviction and a personal explanation of what happened and why he thinks he is rehabilitated. It is quite simple and well worth it just so you have a letter from CIC if your questioned on entry.
I don't know what will happen if you're declined for an eTA again but if there isn't a max amount of attempts then try and see what it says, if it allows it then great, if not do a free for info only application.
Did they specifically ask for the ACRO themselves during the EtA application? and did you submit the ACRO already on the info only application?
Yes submitted the ACRO cert for the rehab application, then when he applied for the eTA they sent an email saying someone has to assess the application (guessing a computer usually does it when you tick no to everything) they then sent an email with evidence needed, and requested the ACRO cert, scanned and uploaded it. Didn't get any feedback on what was done but they authorised the eTA within a few days.
/Peter
May 15th 2017, 6:50 pm
#21
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Location: Gold Coast QLD
Posts: 61
Re: deemed rehab
No worries! Just looked back through your posts and seen that you are from Denmark, the ACRO is the UK police certificate, so you will need one from Denmark and any country you have lived in for over 6 months and from the country you were convicted in.
May 15th 2017, 8:27 pm
#22
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Re: deemed rehab
Yes, that is correct. I know the ACRO is "sort of" the equivalent to our "document of convictions"- this one from my side is blank as it will not show any convictions 3 to 5 years after they were dated. Therefore I have translated court doucuments instead of from the court date.
May 15th 2017, 10:17 pm
#23
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: deemed rehab
Yes, that is correct. I know the ACRO is "sort of" the equivalent to our "document of convictions"- this one from my side is blank as it will not show any convictions 3 to 5 years after they were dated. Therefore I have translated court doucuments instead of from the court date.
If it is not in English or French, you must send it with:
the English or French translation and
an affidavit from the person who completed the translation and
a certified photocopy of the original document
and http://www.cic.gc.ca/english/helpcen...qnum=039&top=4the English or French translation and
an affidavit from the person who completed the translation and
a certified photocopy of the original document
My police certificate is not in English or French. Do I need to send a translation?
Yes. If your documents are not in English or French, you must send a translation from a certified translator with your application.
Translations by family members are not acceptable.
Yes. If your documents are not in English or French, you must send a translation from a certified translator with your application.
Translations by family members are not acceptable.
May 15th 2017, 11:12 pm
#24
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Joined: Mar 2016
Posts: 66
Re: deemed rehab
Don't forget any documents not in English or French have to be officially translated and signed off. What language should my supporting documents be in?
If it is not in English or French, you must send it with:
the English or French translation and
an affidavit from the person who completed the translation and
a certified photocopy of the original document
and My police certificate is not in English or French. Do I need to send a translation?the English or French translation and
an affidavit from the person who completed the translation and
a certified photocopy of the original document
My police certificate is not in English or French. Do I need to send a translation?
Yes. If your documents are not in English or French, you must send a translation from a certified translator with your application.
Translations by family members are not acceptable.
Yes. If your documents are not in English or French, you must send a translation from a certified translator with your application.
Translations by family members are not acceptable.
May 15th 2017, 11:35 pm
#25
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: deemed rehab
Section 4 Road Traffic Act 1988
4 Driving, or being in charge, when under influence of drink or drugs.
(1)A person who, when driving or attempting to drive a [F1mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F1mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6)[F2A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]
(7)[F2For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]
Canadian equivalent
Criminal Code Of Canada
Operation while impaired
253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Marginal note:For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
TBH IRCC should equate the foreign statute provided you state what the appropriate section is in the country you were convicted under.
Google is your friend.
May 16th 2017, 12:31 am
#26
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Thread Starter
Joined: Mar 2016
Posts: 66
Re: deemed rehab
It should be the statute in the country you were convicted under and then guessing what the Canadian equivalent might be example
Section 4 Road Traffic Act 1988
4 Driving, or being in charge, when under influence of drink or drugs.
(1)A person who, when driving or attempting to drive a [F1mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F1mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6)[F2A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]
(7)[F2For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]
Canadian equivalent
Criminal Code Of Canada
Operation while impaired
253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Marginal note:For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
TBH IRCC should equate the foreign statute provided you state what the appropriate section is in the country you were convicted under.
Google is your friend.
Section 4 Road Traffic Act 1988
4 Driving, or being in charge, when under influence of drink or drugs.
(1)A person who, when driving or attempting to drive a [F1mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F1mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6)[F2A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]
(7)[F2For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]
Canadian equivalent
Criminal Code Of Canada
Operation while impaired
253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Marginal note:For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
TBH IRCC should equate the foreign statute provided you state what the appropriate section is in the country you were convicted under.
Google is your friend.
Allrighty, many thanks! So I have to figure out the Canadian equivalent - and if I am wrong? (Well just don't be, I know) hi hi
May 16th 2017, 3:33 am
#27
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: deemed rehab
Look at sections 360 to 380 and see if any of them appear to be the equivalent.
If it involved a credit card, look at section 342 as well.
May 17th 2017, 7:39 pm
#28
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Thread Starter
Joined: Mar 2016
Posts: 66
Re: deemed rehab
Criminal Code
Look at sections 360 to 380 and see if any of them appear to be the equivalent.
If it involved a credit card, look at section 342 as well.
Look at sections 360 to 380 and see if any of them appear to be the equivalent.
If it involved a credit card, look at section 342 as well.
May 17th 2017, 8:51 pm
#30
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Thread Starter
Joined: Mar 2016
Posts: 66
Re: deemed rehab
Hi again,
I have the "info only" application ready thanks to your help! Now rady to submut it. As I am in the US and therefore have a Mailing Address here is seems to be as per below. I am just curious here; did you guys do the same i.e. via postage to your local consulate and then they actually replied back VIA postage to the address you had indicated? or did they email you? I am curious especially because the EtA system is electronically, but this is via postage so obviously the systems are not talking together at all.
you are applying from United States of America, mail your application to:
Immigration Section
Consulate General of Canada in New York
1251 Avenue of the Americas
New York, New York
10020-1175
United States of America
OR
Immigration Section
Consulate General of Canada in Los Angeles
550 South Hope Street, 9th Floor
Los Angeles, CA 90071
United States of America
If your mailing address is in the USA:
provide a self-addressed United States Postal Service (USPS) Express Mail or Priority Mail flat rate envelope with the correct postage stamp attached. Metered postage is not accepted.
keep a record of the tracking number on the USPS Express Mail label so that you can track delivery of the envelope at www.USPS.com. Priority Mail envelopes do not have a tracking number.
if you do not provide an acceptable return envelope, the visa office will mail your passports and original documents via regular mail with no tracking number.
enter a daytime telephone number on the mailing label above the recipient address.