BobbyN

Hi all

I previously had 6 points on my license from earlier this year.

On Monday i was pulled over driving my mothers car and after police checks it turned out that I did not have the 3rd party cover I believe i Should have had from having fully comp on my own car (in garage for repairs)

Turned out Tesco Insurance had removed the 3rd party cover from my certificate when i amended it mid year (car change) anyway I am going to argue and fight this potential 6 points as far as i can but the question i have is if i was faced with a prospective driving ban would i need to inform anyone in Canadian immigration?

christmasoompa

Depends what the actual offence is and what it equates to in Canada. Some driving convictions, such as speeding, are civil rather than criminal, so they aren't a problem, but I've no idea whether driving without insurance is criminal or civil so you'll need to look in to that asap. If it's a criminal offence, it would mean you'd be inadmissible to Canada (for any reason, even just a holiday) until at least five years have passed from the end of the ban.

http://www.cic.gc.ca/english/informa...ns/rehabil.asp

You don't say what visa you have applied for, but if you've got a criminal conviction it will impact things I'm afraid.

Good luck.

BobbyN

I already have a WHV (which i will activate in march 2012) but when i initially applied i did not have any points on my license but have since then had 6 and another 6 will mean a ban. Although the summons for this will probably occur while i am in canada as they take awhile.

At this moment in time I only have 6 so i am just thinking ahead

christmasoompa

Ah, I see. But if you are criminally inadmissible to Canada then it doesn't matter that you've already got a visa I'm afraid, you are still unable to enter. Whether you are inadmissible or not will depend on the exact conviction.

The ban is pretty much irrelevant, as said above some driving convictions are civil which have no impact on Canadian immigration, but others are criminal which do, so it will depend on the reason for the ban. For example, somebody that has had a driving ban from speeding offences only is fine, as it's a civil matter, but somebody that has been banned for drunk driving isn't, as that's a criminal conviction. Does that make sense?

So you'll need to see what you're convicted of, if anything, and then find out if it's criminal or civil in the UK and/or Canada.

Good luck.

BobbyN

Thanks for the info

As i said the ban is for driving without insurance

Twice this year for the same offence and although i accepted the points last time, this weeks even was definitely not my fault as Tesco have made a change. So basically the ban (if they find me guilty) will be due to driving without insurance.

I checked that link and without calling up the number abroad there does not seem to be anywhere i can find out whether it is a criminal or civil offence.

christmasoompa

A quick Google should tell you, you don't need to phone anyone! If you want to discuss it with a professional, then you could consult an immigration lawyer or consultant, but it should be easy enough to find out yourself.

BobbyN

Already did so and although there are alot of arguments on some other forumns it seems that it is not a criminal offence although drink driving and dangerous driving are.

If anyone else has anything to add please do.

Thanks for yoru help so far christmas

Former Lancastrian

My interpretation is as follows;
If the offence was ONLY driving without insurance then this offence is not covered by a Federal Statute i.e. Criminal Code of Canada.
The offence would fall under Provincial or Territorial jurisdiction.

3.4 Convictions outside of Canada
This is the second group of the three category headings mentioned in Section 3.2 of this chapter; included are persons described in A36(1)(b) and A36(2)(b). These paragraphs affect persons who, an officer has reasonable grounds to believe, were convicted outside Canada of one or more offences.

The offence must be equivalent to an offence in Canada (for examples, see Appendix A), and:

in the case of permanent residents and foreign nationals, be punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years;
or

in the case of a foreign national, constitute an indictable offence, or constitute two offences not arising out of a single occurrence under an Act of Parliament.

Emphasis is placed under an Act of Parliament.
As your offence as you describe falls under what I consider not an Act of Parliament then you are not inadmissible.
If asked on entering about ever been in trouble with the police, charged with any offences or however the BSO words the question just be truthful. A good BSO will come to the same conclusion as I did and deem you not inadmissible.
http://cicintranet.ci.gc.ca/Manuals/...nf/index_e.asp
This link should provide you with the necessary information

BTJ

PMM seems to agree with this: http://www.canadavisa.com/canada-imm...-t24946.0.html