d09y

Hello everyone i'm new here and i'm planning to move to canada in september via the BUNAC route but i'm worried my application will be turned down and all hopes lost as i think i might have a criminal record,

roughly 4 years ago i owned a motorbike (125-cc) and was driving it along a cycle track at night when a guy came from an alley on his pedal bike with no brakes and hit me knocking me off my bike and resulting in me braking my leg, the guy was fine, but anyway, i had no license and none of the other things, insurance mot etc, stupid thing i no. so a few months later i received a summons to court which i pled guilty and sent the forms off, i received 6 points no ban on my provisional and a £380 fine, is this classed as a criminal offense and will this hinder my application for a visa to canada ? i've recently sent off for my immigration police check which is required and i've been quite worried that i wont be able to immigrate. Will this show on my police check and if it didn't will i have to declare that i've been arrested on my CIC application ?

Any help would be greatly appreciated as i've heard mixed stories.

Thanks, Kev

redeagle

I very much doubt than these offences will be disclosed. Motoring offences like this which do not carry a potential term of imprisonment are recorded on your driving licence but not on the Police National Computer.

Besides that, there is a rehabilitation term on offences. However, as you were never arrested for the offence, it came under motoring, I am 99% sure your check will come back no trace.

d09y

Ok cool, sounds good, eases my mind alot. Thanks

what do you mean by rehabilitation term on offences ? and if i was arrested would it still be a problem ?

im pretty sure i wasn't read my rights but im not sure, because i was in alot of pain and im finding it difficult to remember, all i remember was the ambulance turning up and me being put in the back of the ambulance and then an officer came and asked me a few questions and breathalised me. im not too sure if she arrested me or not. It happened 4 years ago.

AmyDavid

Hmm I think you probably can remember and it would help if you were 100% honest - you will then get the answer that you need rather than the one you want!

In Canada Police Cautions are usually classed as a conviction. I would wait and see what your police certificate says and go from there. You say you were breathalised - were you charged with being drunk in charge of a motor vehicle?

d09y

Hi thanks for the reply, I am being honest. I'm just trying to get an all round answer. I wasn't drunk they just breathalised me as routine.

AmyDavid

Do you not have paperwork from the court - that shows the policemans report? That will show whether you were officially cautioned or not. How long ago did you send off for your police cert?

d09y

Hi I've already been hunting around for the summons paper but I think I may have stupidly thrown it out. I sent off for my police certificate on Friday so I should get it sometime next week then I'll no for sure.

I'm just wondering if it does show up will they see it as a big no no for me entering Canada or will they just see it as a minor offence...

Almost Canadian

You have a conviction. When asked, have you ever been arrested, charged or convicted of an offence (or whatever the question actually is) how do you think you will have to answer? Sounds like a no brainer to me, but then I am not as "clever" as others that have advised you.

What your police certificate says is irrelevant, how you answer the question is.

rubberduckofdeath

Wise words!

d09y

The question requires a yes or no answer but I'll probably have to give a written explanation, but will they see it as a serious enough offence to not allow me to enter Canada ?

rubberduckofdeath

You will have to give a written explanation, yes. Stick to the facts and be honest. Not only do you risk failing to get into Canada on something like permanent residency, but they could potentially bar you future entry for twisting the truth...

AmyDavid

You need to tick yes and then write the details of the offence - including the outcome - at the box at the bottom of that page.

d09y

Yeah ill give that a go and see where that gets me, honesty is the best policy as they say.

dannyg1001

Honesty is definitely the best policy.

I had a drunk and disorderly offence on my record from when I was younger. I was worried sick about it but I didnt try and hide it and in the end there were no questions asked.

d09y

Cheers dude... im going to get it all written up and hopefully ill be ok.