Stewboss

Hi everyone hope someone can shed some light on this situate for me, going insane!!

- I am applying for the Canadian working holiday visa via BUNAC however i have run into a problem.
- I have a drink driving conviction from 7 years ago that seem like it could be a problem. My questions are these:

1) How likely is it that my application will be approved given this conviction? The guy from BUNAC said its possible they will overlook it because it was over 5 years ago, but i have my doubts after reading up.

2) If i apply for criminal rehabilitation and do everything correctly how likely is it i will get it? Or to put it another way how often do the Canadian Visa people issue a pardon as it were?

3) Once you have started the process in the UK how long does the redemption process in general take?

BUNAC have really let me down here, because they made it sound as if a 7 year old DUI conviction was really no problem, but the more i have looked into it, the more it seems like they were just giving me a quick answer on the phone. I have paid the £500 to them already.....not happy!!!

Thanks for any help anyone can give

christmasoompa

Sounds like Bunac have let you down, as you've discovered you need criminal rehab to enter Canada.

Not a lot you can do other than apply for it asap tbh, recently it seems to be taking less time than stated on their website so that's good.

I've changed your thread title to reflect the actual visa name btw, as not many use Bunac these days (most just apply direct) so people may not know what you're referring to.

Good luck.

Stewboss

Thanks for the reply. I just rang BUNAC again and they said they have had people allowed to obtain the working holiday visa who have had criminal convictions over 5 years old. Do you think they are talking total nonsense? Not that they have a reason to.

Basically they said carry on with the application as you are, as they have had people allowed through without the rehabilitation!!!

Clear as mud!!!

christmasoompa

They may have had people with criminal convictions less than 10 years old allowed through before, but it will depend on the offence - perhaps they were summary offences.

Unfortunately, a DUI is considered quite serious and CIC specifically state on their website that it's an offence that requires rehab.

Stewboss

Thanks again

So basically are they talking total rubbish? I told them the particular DUI offence, when it happened and they advised me to carry on as normal. I like you have checked up on the website, and what I have read makes me agree with you.

You would think you could trust them as specialists. They even told me not to bother with the rehab process, as there is a chance I will be allowed to proceed.

Is there a grey area where they have the discretion to let you through, or are the rules set in stone?

orly

"a chance" you would be allowed to proceed?

That's pretty vague to say the least.

Not that I have personal experience, but I'm fairly sure a DUI conviction is viewed rather poorly in Canada.

Stewboss

Yes agreed and vague isn't what I need!! But they did say people had proceeded with a drink drive conviction before. So who knows!! I may just apply for the rehab now anyway, just in case. It's pretty poor they can't give me a better answer.

Worst comes to worse I will try and find work in Europe. So frustrating!!

beckiwoo

Under the 2011 system my ex boyfriend went for IEC, he had to get police check and knew 2 criminal convictions would come up: DUI and public indecency (urinating on a statue in Newcastle whilst drunk at 3am) - if this streak of p*** managed to still get in, which he did. Then I can't understand the issue providing you are honest about with the authorities...

That said this was under 2011 quota where it was all paper and got sent off to France...

MrFloyd

Interesting to hear...

I hope they are as kind/forgetful this year haha

Former Lancastrian

IMHO you are still inadmissible but eligible to apply for rehabilitation. Once you submit the police certificate CIC will decide if the UK ROA 1974 is applicable in your case or a rehab application is required.

christmasoompa

How long ago were his convictions?

beckiwoo

Not sure about the DUI but the other one would have been around 2004 time

christmasoompa

The other one probably wouldn't have made him inadmissible anyway (although I've not looked it up to check), but if it was 2003 or earlier then he'd be deemed rehabilitated.

Stewboss

Spoke to a solicitor and Bunac and they both said they have seen people given the IEC when 5 years has elapsed from a conviction. So it seems there is some grey area where discretion can apply. Just gotta hope i guess!!!

Siouxie

It really depends on what the prosecution and conviction was for though - if it was a summary offence then yes, they would be deemed rehabilitated after 5 years.

The problem arises when an offence can be prosecuted (under Canadian Law) as either a summary offence or an indictable offence (hybrid). CIC will always treat a hybrid offence as an indictable offence, regardless of which one it comes under. Impaired driving is a hybrid office - meaning it can be prosecuted as either summary or indictable - and as such there is no automatic rehabilitation until 10 years has passed (provided the sentence was less than 10 years), although you are able to apply for rehabilitation after 5 years.

http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf

http://laws-lois.justice.gc.ca/eng/a...+driving#s-255.

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,