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DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Old Mar 10th 2005, 11:19 am
  #1  
whm
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Default DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Hello there,

This relates to the other DUI thread(s), but I thought it perhaps warranted a new start. Read on:

What a day. I just did a search on the "Burgon" case, and found this thread from back in Dec. 2004:

http://britishexpats.com/forum/showt...ghlight=burgon

I have some more to add to that. As some of you may remember, my potential immigrant UK man had a DUI conviction and the 5 years plus 1 for the sentence will be up in Nov. of 2005. In order to ensure that he would be allowed into the country in May, he sent a "Criminal Rehabilitation" form with the "For Information Only" box checked, to the CHC about 3 - 4 weeks ago.

Today, he received a letter from them which said, in part (and this is scribbled down over the phone so there might be the odd error):

"Conviction became spent under the UK Rehabilitation of Offenders Act, 1974, AUTOMATICALLY, [their emphasis], following the passage of a statutory period of time. No documentary evidence that the conviction is spent is issued by British authorities.

According to the information submitted, your criminal conviction for driving a motor vehicle with excess alcohol on the 15th of November, 1999 has become spent under the UK Rehabilitation of Offenses Act, 1974.

All persons who are convicted of offences are normally inadmissable to Canada, in your case, this inadmissability had been overcome following the decision rendered in the Burgon Case, February 21, 1991, at the Federal Court of Appeal, Canada. As a result, you ceased to be inadmissable to Canada after the rehabilitation period following the completion of your sentence, as specified in that act.

This letter is being issued to facilitate the entrance to Canada of a person with a spent UK conviction.

We recommend the you be ready to present this letter to the Immigration officials at the POE in Canada in order to facilitate your admission.

Officer at POE have final..."
[then it's the usual caveat that the Immigration officers make the final decision, etc. etc.]

******

Now, I'm holding my breath here thinking that one of you folks may have other information that will burst this particular bubble, but our reading of this is that he is free and clear to come into the country, at least on this front AND furthermore, that we can submit all our sponsorship papers as soon as he gets here, marriage, etc. etc. No waiting for Nov. 15.

Jameso, I really hope this also applies to you, although it's a shame if you put your application on hold and it turns out that it wasn't necessary.

Anybody?

Scraping myself off the ceiling!!!

whm
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Old Mar 10th 2005, 11:32 am
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Default Re: DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Originally Posted by whm
DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Hello there,

This relates to the other DUI thread(s), but I thought it perhaps warranted a new start. Read on:

What a day. I just did a search on the "Burgon" case, and found this thread from back in Dec. 2004:

http://britishexpats.com/forum/showt...ghlight=burgon

I have some more to add to that. As some of you may remember, my potential immigrant UK man had a DUI conviction and the 5 years plus 1 for the sentence will be up in Nov. of 2005. In order to ensure that he would be allowed into the country in May, he sent a "Criminal Rehabilitation" form with the "For Information Only" box checked, to the CHC about 3 - 4 weeks ago.

Today, he received a letter from them which said, in part (and this is scribbled down over the phone so there might be the odd error):

"Conviction became spent under the UK Rehabilitation of Offenders Act, 1974, AUTOMATICALLY, [their emphasis], following the passage of a statutory period of time. No documentary evidence that the conviction is spent is issued by British authorities.

According to the information submitted, your criminal conviction for driving a motor vehicle with excess alcohol on the 15th of November, 1999 has become spent under the UK Rehabilitation of Offenses Act, 1974.

All persons who are convicted of offences are normally inadmissable to Canada, in your case, this inadmissability had been overcome following the decision rendered in the Burgon Case, February 21, 1991, at the Federal Court of Appeal, Canada. As a result, you ceased to be inadmissable to Canada after the rehabilitation period following the completion of your sentence, as specified in that act.

This letter is being issued to facilitate the entrance to Canada of a person with a spent UK conviction.

We recommend the you be ready to present this letter to the Immigration officials at the POE in Canada in order to facilitate your admission.

Officer at POE have final..."
[then it's the usual caveat that the Immigration officers make the final decision, etc. etc.]

******

Now, I'm holding my breath here thinking that one of you folks may have other information that will burst this particular bubble, but our reading of this is that he is free and clear to come into the country, at least on this front AND furthermore, that we can submit all our sponsorship papers as soon as he gets here, marriage, etc. etc. No waiting for Nov. 15.

Jameso, I really hope this also applies to you, although it's a shame if you put your application on hold and it turns out that it wasn't necessary.

Anybody?

Scraping myself off the ceiling!!!

whm
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Old Mar 11th 2005, 10:05 pm
  #3  
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Default Re: DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Originally Posted by whm
DUI, "spent" convictions and the CHC - attn. Jameso, Holden etc.

Hello there,

This relates to the other DUI thread(s), but I thought it perhaps warranted a new start. Read on:

What a day. I just did a search on the "Burgon" case, and found this thread from back in Dec. 2004:

http://britishexpats.com/forum/showt...ghlight=burgon

I have some more to add to that. As some of you may remember, my potential immigrant UK man had a DUI conviction and the 5 years plus 1 for the sentence will be up in Nov. of 2005. In order to ensure that he would be allowed into the country in May, he sent a "Criminal Rehabilitation" form with the "For Information Only" box checked, to the CHC about 3 - 4 weeks ago.

Today, he received a letter from them which said, in part (and this is scribbled down over the phone so there might be the odd error):

"Conviction became spent under the UK Rehabilitation of Offenders Act, 1974, AUTOMATICALLY, [their emphasis], following the passage of a statutory period of time. No documentary evidence that the conviction is spent is issued by British authorities.

According to the information submitted, your criminal conviction for driving a motor vehicle with excess alcohol on the 15th of November, 1999 has become spent under the UK Rehabilitation of Offenses Act, 1974.

All persons who are convicted of offences are normally inadmissable to Canada, in your case, this inadmissability had been overcome following the decision rendered in the Burgon Case, February 21, 1991, at the Federal Court of Appeal, Canada. As a result, you ceased to be inadmissable to Canada after the rehabilitation period following the completion of your sentence, as specified in that act.

This letter is being issued to facilitate the entrance to Canada of a person with a spent UK conviction.

We recommend the you be ready to present this letter to the Immigration officials at the POE in Canada in order to facilitate your admission.

Officer at POE have final..."
[then it's the usual caveat that the Immigration officers make the final decision, etc. etc.]

******

Now, I'm holding my breath here thinking that one of you folks may have other information that will burst this particular bubble, but our reading of this is that he is free and clear to come into the country, at least on this front AND furthermore, that we can submit all our sponsorship papers as soon as he gets here, marriage, etc. etc. No waiting for Nov. 15.

Jameso, I really hope this also applies to you, although it's a shame if you put your application on hold and it turns out that it wasn't necessary.

Anybody?

Scraping myself off the ceiling!!!

whm
Excited, confused and worried at the same time. My offence is the same offence, committed in the same country in the same year. Yet, I submitted an FYI application last June and have heard nothing back, despite numerous faxes. What should I do?!?!

Can the experts advise?

Jameso
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