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First hurdle... info only documents

First hurdle... info only documents

Old Jul 29th 2015, 9:09 am
  #1  
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Default First hurdle... info only documents

Hi everyone - I am new to the board however have scanned probably every message possible regarding visiting with a criminal record.

My husband and I have booked to visit my mother in law (who lives in Canada) however my husband has a uk conviction for possession with intent to supply from 11 yrs ago. I am currently completing the info only form to send off to CIC London however am unsure of what documents I need to supply in reference to court judgements? And where to request them from? I have ordered crb check (disclosure Scotland), SAR police records and the police cert. Also is a letter from a solicitor confirming the conviction is spent required? References etc?

I am sincerely hoping that he will be assessed in line with ROA 1974 however there is so much info online (unclear!) that I am driving myself and trying to figure it out! Any experiences of this would be appreciated.

If all goes well we are hoping to take the PR leap in a few years.

Many thanks in advance for your responses
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Old Jul 29th 2015, 7:19 pm
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Default Re: First hurdle... info only documents

Welcome to BE!

It would depend in part on what the drug was and the amount he had and whether it is counted as a summary or indictable conviction. You should be able to ascertain that (if you don't want to give details here) from the following document:

Controlled Drugs and Substances Act

Then check the chart on this page (it used to be on CIC website but has now gone) Admissibility - Immigration to Canada Information

To find out what documentation they look for, see here: Operational bulletins and manuals and look for ENF - inadmissibility, and this ENF14 which isn't available on CIC but can be found (although it's an older version the basics are the same).

This link (pdf) also has some interesting info, although the links don't work within it but it does tell you what backing documentation can help.

Sorry for all the links and hopefully it will be a simple thing in the end that will be classed as 'deemed rehabilitated'!

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Old Jul 30th 2015, 8:06 am
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Default Re: First hurdle... info only documents

Hi Siouxie

Thanks for the advice - I have come to the conclusion that only the embassy will be able to give us a definitive answer! I just want to make sure we give them everything they need in refsrds to supporting documents. Do you think the items I have listed above will be enough?

Thx again!
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Old Jul 30th 2015, 7:04 pm
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Default Re: First hurdle... info only documents

Originally Posted by Louise523
Hi Siouxie

Thanks for the advice - I have come to the conclusion that only the embassy will be able to give us a definitive answer! I just want to make sure we give them everything they need in refsrds to supporting documents. Do you think the items I have listed above will be enough?

Thx again!
You are very welcome.

The last link I gave has information on what they look for when assessing a rehabilitation application but officially, the documents you are required to submit are listed on the document checklist: http://www.cic.gc.ca/english/pdf/kit...s/IMM5507E.pdf

You will need to show a) what he was convicted of (court documents and possibly arrest record) b) what the equivalent conviction would have been under Canadian Law and c) what his sentence (or fine) was and then show proof that he served the sentence or paid the fine. The 10 year period starts only once any sentence has been completed or fine paid for deemed rehabilitation - Indictable offense - (if he qualifies) or 5 years if he will be applying for rehabilitation or it was a Summary offense (I believe).

The laws for possession with intent to supply are probably more strict here, hence my suggestion that you check the 1st link I gave you as you will need to determine what the equivalent law is here. Controlled Drugs and Substances Act is the specific page for possession with intent to supply and the types of drugs can be found by clicking on the dropdown at the bottom and going to the Schedules.

Without knowing the amount he had or the type of drug it's not possible for anyone to advise you as to whether the offense is classified as Indictable or a Summary conviction.

You will definitely need a full disclosure equivalent of the UK ACPO which I believe is 'Enhanced' or 'PVG'.

You can obtain copies of court records: https://www.scotcourts.gov.uk/taking...t-records-faqs



Edited to add, the Rehabilitation of Offenders Act generally only applies to the UK and in some cases may be taken into consideration by CIC where somebody has received a caution or has one summary offense. What counts for Canadian entry and immigration is the equivalent offense under Canadian Law and what the sentence would have been here, not in the UK. If he is not admissible, they may allow him a 1 time entry but you would have to wait and see what CIC say.


Last edited by Siouxie; Jul 30th 2015 at 7:22 pm.
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