Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

drink driving convictions/skilled migration

drink driving convictions/skilled migration

Old May 26th 2011, 5:20 pm
  #1  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default drink driving convictions/skilled migration

hi,i am currently applying for skilled migration to toronto,i have paid a company to help.my problem is i got convicted with drink driving in november 2006 and im worried my visa will be rejected,i have an aunt who lives there and parents are moving in 6 weeks with little brother so getting a little worried if i dont get in.

i have just joined the forum and was reading some comments about rehab and waiting 5 years and 10 years to apply but i have asked my case worker and she says i have a strong case and i should get in.she also hasnt mentioned anything about rehab or 5 years.is this because i am a carpenter and my wife is a hairdresser and the fact i have familly there,giving me a strong case outweighing the conviction?or should i be worried?

thanks for reading,look forward to the comments!
johncraw is offline  
Old May 26th 2011, 5:22 pm
  #2  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

What was your sentence? And has your immigration consultant not discussed this with you at all? A 'strong case' won't outweight the conviction - if you need criminal rehab, you need criminal rehab, no matter how good your case is.

Have you visited Canada at all since the conviction, and if so, did you need/have criminal rehab for that?

Welcome to the forum btw.

christmasoompa is offline  
Old May 26th 2011, 5:58 pm
  #3  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default Re: drink driving convictions/skilled migration

Originally Posted by christmasoompa View Post
What was your sentence? And has your immigration consultant not discussed this with you at all? A 'strong case' won't outweight the conviction - if you need criminal rehab, you need criminal rehab, no matter how good your case is.

Have you visited Canada at all since the conviction, and if so, did you need/have criminal rehab for that?

Welcome to the forum btw.

thanks,

i havnt been to canada since,igot a £490 fine and 14 month ban but got reccomended for drink driving rehab course which was completed after 2 days and reduced my ban to 10 months.my case worker hasnt mentioned a thing,i have sent an email and will get a reply 2mrw sumtime!
i am just trying to work out why i havnt been told about this?and wondering if ill even get in at all?

Last edited by johncraw; May 26th 2011 at 6:00 pm.
johncraw is offline  
Old May 26th 2011, 6:02 pm
  #4  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

Originally Posted by johncraw View Post
igot a £490 fine and 14 month ban but got reccomended for drink driving rehab course which was completed after 2 days and reduced my ban to 10 months.
OK, so you cannot apply for criminal rehab until 5 years from the end of your sentence - I assume that's the reduced sentence rather than the original, but not sure on that. That means that assuming your ban didn't end until 2007, from my understanding you cannot apply for rehab until 2012 and are inadmissible until then (even for a holiday - so don't plan to visit your parents until you've got it).

Originally Posted by johncraw View Post
i am just trying to work out why i havnt been told about this?and wondering if ill even get in at all?
No idea why you've not been told about this, you've mentioned 'case worker' but they are definitely a licensed CSIC consultant? Any decent consultant would have asked about your criminal record first thing and advised you on it before even taking you on as a client.

Have you read up on the CIC website about criminal rehab? That needs to be your first step. http://www.cic.gc.ca/english/informa...ns/rehabil.asp

Unfortunately, if you do need rehab then it could well be an issue with your FSW application. What stage of it are you at?
christmasoompa is offline  
Old May 26th 2011, 6:10 pm
  #5  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default Re: drink driving convictions/skilled migration

Originally Posted by christmasoompa View Post
OK, so you cannot apply for criminal rehab until 5 years from the end of your sentence - I assume that's the reduced sentence rather than the original, but not sure on that. That means that assuming your ban didn't end until 2007, from my understanding you cannot apply for rehab until 2012 and are inadmissible until then (even for a holiday - so don't plan to visit your parents until you've got it).



No idea why you've not been told about this, you've mentioned 'case worker' but they are definitely a licensed CSIC consultant? Any decent consultant would have asked about your criminal record first thing and advised you on it before even taking you on as a client.

Have you read up on the CIC website about criminal rehab? That needs to be your first step. http://www.cic.gc.ca/english/informa...ns/rehabil.asp

Unfortunately, if you do need rehab then it could well be an issue with your FSW application. What stage of it are you at?
its through globalvisas,i told them about the conviction and they said its fine,thats why ive procceded,ive completed my application,got proof of funds references etc completed the ielts exam and im just about to send my application away,i have asked about getting my police report and she said its not needed yet and might not be needed but because of my conviction theres a good chance and thats about as far as she has gone interms of my conviction.
johncraw is offline  
Old May 26th 2011, 6:17 pm
  #6  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

Originally Posted by johncraw View Post
its through globalvisas
Ah, that explains it. A quick search of the forum will give you previous experiences of others.

Originally Posted by johncraw View Post
i told them about the conviction and they said its fine
Hmmmm. Ask them how they think it will be 'fine' when the CIC website says you need criminal rehab but can't even apply for it until 2012.

Originally Posted by johncraw View Post
i have asked about getting my police report and she said its not needed yet and might not be needed
'Might not be needed'? Everybody, regardless of circumstances, needs to submit a police check for every country they have lived in for 6 months or more.

Have you downloaded the application guide and checklist from the CIC website so that you can see exactly what is required for a FSW application? If you've got the checklist then you'll see that you are 'strongly advised' to send police checks now, at the initial stage.

And forgive me for asking, but given Global Visas reputation and their advice to you I feel I have to check - you are definitely eligible as a FSW? Just that so many carpenters think they are, but don't realise they need to do supervisory duties and manage people to qualify.
christmasoompa is offline  
Old May 26th 2011, 6:44 pm
  #7  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default Re: drink driving convictions/skilled migration

Originally Posted by christmasoompa View Post
Ah, that explains it. A quick search of the forum will give you previous experiences of others.



Hmmmm. Ask them how they think it will be 'fine' when the CIC website says you need criminal rehab but can't even apply for it until 2012.



'Might not be needed'? Everybody, regardless of circumstances, needs to submit a police check for every country they have lived in for 6 months or more.

Have you downloaded the application guide and checklist from the CIC website so that you can see exactly what is required for a FSW application? If you've got the checklist then you'll see that you are 'strongly advised' to send police checks now, at the initial stage.

And forgive me for asking, but given Global Visas reputation and their advice to you I feel I have to check - you are definitely eligible as a FSW? Just that so many carpenters think they are, but don't realise they need to do supervisory duties and manage people to qualify.
i was told i had a good case and was eligible,but i dont know what to belive now!i really need to see what she has to say in reply,prob more lies! thanks for the help ill check out those sites and keep you updated
johncraw is offline  
Old May 26th 2011, 6:47 pm
  #8  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

Originally Posted by johncraw View Post
i was told i had a good case and was eligible,but i dont know what to belive now!
You may well be, please don't panic just yet! But just that the list of duties for your NOC code is very specific, and is only for carpentry supervisors (or business owners), not normal carpenters/joiners, so it often catches people out.

Assume you've already checked the list of duties yourself to make sure you are eligible, but if not here you go..................http://www5.hrsdc.gc.ca/NOC/English/...try+supervisor

christmasoompa is offline  
Old May 26th 2011, 9:01 pm
  #9  
Account Closed
 
Joined: Nov 2009
Posts: 183
mojovibe is an unknown quantity at this point
Default Re: drink driving convictions/skilled migration

Just been reading this post, but wht are you bothering with agents/immigration specialists (chancers)? If your skilled and qualified, can proove your experience, and have the funds you can do the application yourself. Your next move needs to be digging down in your pocket and applying for a police record check off your own back, never mind what them chancers have told you. This way at least you know what it will actually say about your background, and without being shafted with a service charge by them chancers again.

It won't be any slower than them doing it for you, and you will have to do it at some stage anyway. Alright it only lasts for about 3 months then it will need to be updated. But the specific visa office form reccomends that you send it to the CIC in Sydney with your application. Like the the other posts say you will probably have to wait until 2012 until you can apply for rehabillitation, and you could use the details of the course that you went on to support your application. And the fact that your family are moving there, will make it easier for you to apply as a skilled worker once you've prooved that your rehabillitated.

I am applying on my own back with no family or job to go to, and I had a opl/ dr10 on my licence from 94, but my background check was clean. But I still declared the arrest for opl on my background check, as a token of honesty Whether or not that was advisable remains to be seen, but it does ask for a truthful application. I was almost tempted to go through a chancer for my application, but I trusted my instincts and used the good advise on this forum and my own research. I'm just waiting now for the outcome, its like being a poor kid from a poverty struck family writing a letter to Santa for a bike and train set for Christmas.
mojovibe is offline  
Old May 26th 2011, 9:21 pm
  #10  
Forum Regular
 
Joined: Jan 2009
Location: Vancouver Island, BC
Posts: 251
Canuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of lightCanuck2b is a glorious beacon of light
Default Re: drink driving convictions/skilled migration

I know Canada frown on drink driving offenses. You should definitely look into the rehabilitation application. I know when I was looking to apply about 10 years ago it was something that would hamper your application........That was a long time ago though so please check it out......
Canuck2b is offline  
Old May 26th 2011, 9:28 pm
  #11  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default Re: drink driving convictions/skilled migration

Originally Posted by mojovibe View Post
Just been reading this post, but wht are you bothering with agents/immigration specialists (chancers)? If your skilled and qualified, can proove your experience, and have the funds you can do the application yourself. Your next move needs to be digging down in your pocket and applying for a police record check off your own back, never mind what them chancers have told you. This way at least you know what it will actually say about your background, and without being shafted with a service charge by them chancers again.

It won't be any slower than them doing it for you, and you will have to do it at some stage anyway. Alright it only lasts for about 3 months then it will need to be updated. But the specific visa office form reccomends that you send it to the CIC in Sydney with your application. Like the the other posts say you will probably have to wait until 2012 until you can apply for rehabillitation, and you could use the details of the course that you went on to support your application. And the fact that your family are moving there, will make it easier for you to apply as a skilled worker once you've prooved that your rehabillitated.

I am applying on my own back with no family or job to go to, and I had a opl/ dr10 on my licence from 94, but my background check was clean. But I still declared the arrest for opl on my background check, as a token of honesty Whether or not that was advisable remains to be seen, but it does ask for a truthful application. I was almost tempted to go through a chancer for my application, but I trusted my instincts and used the good advise on this forum and my own research. I'm just waiting now for the outcome, its like being a poor kid from a poverty struck family writing a letter to Santa for a bike and train set for Christmas.
hi,spoke to canadian embassy and they have backed everything up that i need to wait 5 years and get the rehab thing,god help my visa consultant when she phones me 2mrw!just hope i can get all my money back i payed them and the money i had to spend sitting my ielts exam lawyers fees and flights to sit my ielts!need to wait and see!
thanks for posting much apreciated

gd luck with yours
johncraw is offline  
Old May 26th 2011, 10:03 pm
  #12  
BE Enthusiast
 
Waggle's Avatar
 
Joined: Aug 2010
Location: Loughborough, England, UK
Posts: 908
Waggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud ofWaggle has much to be proud of
Default Re: drink driving convictions/skilled migration

Originally Posted by johncraw View Post
hi,i am currently applying for skilled migration to toronto,i have paid a company to help.my problem is i got convicted with drink driving in november 2006 and im worried my visa will be rejected,i have an aunt who lives there and parents are moving in 6 weeks with little brother so getting a little worried if i dont get in.

i have just joined the forum and was reading some comments about rehab and waiting 5 years and 10 years to apply but i have asked my case worker and she says i have a strong case and i should get in.she also hasnt mentioned anything about rehab or 5 years.is this because i am a carpenter and my wife is a hairdresser and the fact i have familly there,giving me a strong case outweighing the conviction?or should i be worried?

thanks for reading,look forward to the comments!

My understanding is that you are not admissable for Canada PR until 5 years after any penalties have been completely spent.

So if your conviction was not until Nov 2006, you have to wait until that conviction was completely spent THEN wait 5 years.

At least 2 difference immigration lawyers have mentioned this in recent immigration fairs we've been to, so pretty sure it's a 5 year count from when your drink/drive conviction was considered spent.

By "paid a company to help" do you mean they are helping you to secure a job? This puts you into Category 2 which means you don't need 1 year's experience in one of the 29 in-demand occupations, or need to provide proof of funds, but afaik the rules on drink/drive convictions are the same as Category 1.

Anyway I wish you luck but you may wish to check before investing your money and time further.

Wayne.
Waggle is offline  
Old May 26th 2011, 10:23 pm
  #13  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

Originally Posted by Waggle View Post
Anyway I wish you luck but you may wish to check before investing your money and time further.
He already has checked - did you not read the whole thread?!
christmasoompa is offline  
Old May 26th 2011, 10:29 pm
  #14  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 32,960
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: drink driving convictions/skilled migration

Originally Posted by johncraw View Post
and flights to sit my ielts!
I'm intrigued, where do you live? Must be quite remote if you needed a flight to get to an IELTS test centre!

Good luck with it and with getting your money back. They should never have taken you on as clients as you don't seem to be eligible for Canadian immigration at the moment - but they do have a reputation of signing people up even if they're not eligible just to get their money unfortunately, fingers crossed they'll admit their mistake and give you a full refund.

Keep us posted on how you get on.
christmasoompa is offline  
Old May 27th 2011, 8:55 pm
  #15  
Just Joined
Thread Starter
 
Joined: May 2011
Posts: 9
johncraw has a spectacular aura aboutjohncraw has a spectacular aura aboutjohncraw has a spectacular aura about
Default Re: drink driving convictions/skilled migration

Originally Posted by christmasoompa View Post
I'm intrigued, where do you live? Must be quite remote if you needed a flight to get to an IELTS test centre!

Good luck with it and with getting your money back. They should never have taken you on as clients as you don't seem to be eligible for Canadian immigration at the moment - but they do have a reputation of signing people up even if they're not eligible just to get their money unfortunately, fingers crossed they'll admit their mistake and give you a full refund.

Keep us posted on how you get on.
im from edinburgh,but work and live in jersey channel islands,my case consultant says their csic consultants were going to look in to it and advise on what we can do to go forward,hope this could lead nto good news but not getting my hopes up as everything they have said before seems to be unfolding as rubbish!

thanks again for the post!
johncraw is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell or Share My Personal Information -

Copyright © 2023 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.