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Holiday/immigrating with a conviction

Holiday/immigrating with a conviction

Old Apr 28th 2018, 1:26 pm
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Default Holiday/immigrating with a conviction

Long story short. We were in the process of immigrating to Canada 2 years ago. My husband had an IEC work permit and had been offered a permanent job (the IEC was for the purpose of him working while he waited for all the other work to go through). Everything was good to go, flights booked, stuff sold, car and accommodation in Canada (our family live there they done that part for us) until 4 months before we left I got declined to travel. Whilst this whole process was going on I hit a car and didn't report it. It was very very minor damage, but obviously still a crime so I got hit with 4 driving convictions.
-Failure to remain
-Failure to stop
-Failure to report
-Careless driving
As a result I got a small fine and 5 points on my license. I never thought it would stop me going bit it did. Now I have to wait to be deemed rehabilitated.

As mentioned, a OT of our family live there. Since this incident I have had another 2 children that haven't met their family in Canada (some who aren't fit to travel). I would very much like to take a holiday out to see them all and to see Canada so that when I am deemed rehabilitated I will have a better idea of where I'm going. However, I don't know how! The accident itself was so minor but had such a huge impact. To an immigration officer that looks like a pretty hefty amount of convictions for what was a small accident . I have spoken to solicitors since that have told me that I was dealt with very harshly. But obviously on paper that doesn't matter. What's done is done! Is it worth me getting an immigration agent to help me with this ?? And if so does anyone know a good/trusted one?? Thanks for any advice. I get that immigrating is a bit far off but I'd at least like to know where I stand
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Old Apr 28th 2018, 1:42 pm
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Default Re: Holiday/immigrating with a conviction

You could always submit an application for a Temporary Resident Permit aka TRP which would overcome the inadmissibility for a specific time for you to enter Canada ie 2 weeks 4 weeks 6 weeks.
https://www.canada.ca/en/immigration...t-permits.html

You would apply via the London office if UK based.

Your offence would be equated to this Canadian law

Failure to stop at scene of accident
252 (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

You may be also eligible for the one time no fee TRP otherwise it would cost $200
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Old Apr 28th 2018, 1:58 pm
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Former Lancastrian
You could always submit an application for a Temporary Resident Permit aka TRP which would overcome the inadmissibility for a specific time for you to enter Canada ie 2 weeks 4 weeks 6 weeks.
https://www.canada.ca/en/immigration...t-permits.html

You would apply via the London office if UK based.

Your offence would be equated to this Canadian law

Failure to stop at scene of accident
252 (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

You may be also eligible for the one time no fee TRP otherwise it would cost $200
Thanks for your reply, very helpful!! At least it looks like a holiday is a possibility , do you know how long these things can take to process ?? Or does it just depend on the circumstances ??

Also, am I right in thinking I am deemed rehabilitated after 5 years? Or do I apply for rehabilitation ? I've read it can take up to a year to process an application for rehabilitation. Just trying to figure out how long it would be before we would possibly be able to immigrate again too. Thanks.
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Old Apr 28th 2018, 2:05 pm
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Bubble90
Also, am I right in thinking I am deemed rehabilitated after 5 years? Or do I apply for rehabilitation ? I've read it can take up to a year to process an application for rehabilitation. Just trying to figure out how long it would be before we would possibly be able to immigrate again too. Thanks.
Deemed rehab is after 10 years, but after 5 years (from the end of sentence i.e. when you paid the fine if no driving ban was given) you can apply for rehab.

Can take up to a year but I'd say that's very unusual, seems to be about 3-6 months going on recent forum cases.

Agree with FL that you might as well try for a TRP, although they're usually only given when you really do need to be in Canada i.e. being sent to a vital work meeting or going to visit a very ill relative. Generally not given just for holidays, but worth a try.

HTH, good luck.
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Old Apr 28th 2018, 2:07 pm
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Bubble90
Thanks for your reply, very helpful!! At least it looks like a holiday is a possibility , do you know how long these things can take to process ?? Or does it just depend on the circumstances ??

Also, am I right in thinking I am deemed rehabilitated after 5 years? Or do I apply for rehabilitation ? I've read it can take up to a year to process an application for rehabilitation. Just trying to figure out how long it would be before we would possibly be able to immigrate again too. Thanks.
You are deemed rehabilitated after 10 years since the completion of any sentence for non serious criminal offences which yours is.
After 5 years you can apply for individual rehabilitation.
As for processing times no idea as IRCC dont post times for TRP's or rehabilitation but its usually months not weeks.
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Old Apr 28th 2018, 2:36 pm
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Default Re: Holiday/immigrating with a conviction

Ah OK , I thought it was 5 . I had a year to pay my fine, so I was convicted in June 2016 (accident was in March 2016) but didn't pay my fine until January 2017. So really only a year has passed then?

Well I can only try! I wouldn't say it's a holiday as such, but a chance to visit elderly relatives that can't visit us.
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Old Apr 28th 2018, 6:21 pm
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Bubble90
The accident itself was so minor but had such a huge impact.
Failing to stop at the scene of an accident can have a huge impact, more so than the collision itself. These situations often have significant impact on the victim, especially when the perpetrator is not found.
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Old Apr 28th 2018, 7:48 pm
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Aviator
Failing to stop at the scene of an accident can have a huge impact, more so than the collision itself. These situations often have significant impact on the victim, especially when the perpetrator is not found.
Yeah I was dealt with in what could have been the worst case scenario, I have since spoke to a solicitor that told me the convictions were very harsh but because I just accepted it for what it was they've threw it all at me . What actually happened was I hit the parked car next to me mis-judging a space I was pulling into. I left a pretty bad scratch but no serious damage/dent. I paid the owner for the damage but I still left the "scene" and didn't report it to the police before somebody else did. Therefore, the convictions. As I said, the actual event was very minor and I actually left the owner of the vehicle on good terms.
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Old Apr 29th 2018, 1:35 am
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Default Re: Holiday/immigrating with a conviction

Originally Posted by Bubble90
Yeah I was dealt with in what could have been the worst case scenario, I have since spoke to a solicitor that told me the convictions were very harsh but because I just accepted it for what it was they've threw it all at me . What actually happened was I hit the parked car next to me mis-judging a space I was pulling into. I left a pretty bad scratch but no serious damage/dent. I paid the owner for the damage but I still left the "scene" and didn't report it to the police before somebody else did. Therefore, the convictions. As I said, the actual event was very minor and I actually left the owner of the vehicle on good terms.
As far as I know, if you exchanged details at the scene with the other owner and then left and there were no injuries, the police do not need to be notified. In Canada, they don't want to be! However if there was damage and a driver did not leave details or exchange details, that is a hit and run here.
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