Immigration companies

Old Oct 24th 2015, 6:37 am
  #16  
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Default Re: Immigration companies

Linsey, you have to accept that there may not be a perfect outcome for you. I am not saying there is or there isn't but you should be prepared for that possibility. As I wrote before, it is not wise to give advice in these complex situations on a forum. Information yes, advice No.

If you decide to go through with another application, you need a professional experienced in inadmissibility to prepare the application for you. I would not recommend that you do it yourself.


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Old Oct 24th 2015, 6:48 am
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Default Re: Immigration companies

My biggest issue with these applications is the fact that even if a different officer deals with the case they probably won't go against another officers decision, whether they agree with the original decision or not!
That's sucks!
So actually if your first application doesn't work then that's the end!
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Old Oct 24th 2015, 6:58 am
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Default Re: Immigration companies

Originally Posted by Linsey8287
My biggest issue with these applications is the fact that even if a different officer deals with the case they probably won't go against another officers decision, whether they agree with the original decision or not!
That's sucks!
So actually if your first application doesn't work then that's the end!
No its not. An officer could come to a different conclusion based on their decision.
In cases like yours there is no 100% decision on what it should be as opposed to when the law says IT MUST.
Individual rehabilitation is AUTOMATICALLY given if one offence and 10 years has elapsed since the completion of the sentence imposed. That means an officer cannot come to any other conclusion.
Same as applying for individual rehabilitation. An officer cannot recommend rehabilitation after 4 years when the Act says after 5 years.
You can reapply if you wish.
I have seen officers over rule another officers decision when acting in the position of a Ministers Delegate and when a section 44 report is written.
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Old Oct 24th 2015, 7:03 am
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Default Re: Immigration companies

The key is a convincing application, supported by the law, that is put together by someone who knows what they're doing. But there is never any guarantee. There cannot be.

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Old Oct 24th 2015, 7:15 am
  #20  
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Default Re: Immigration companies

But the same applies to a criminal rehabilitation application. It is not automatically approved even if 5 years has elapsed! Meaning the 5 year rule is useless!
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Old Oct 24th 2015, 7:55 am
  #21  
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Default Re: Immigration companies

Originally Posted by Linsey8287
But the same applies to a criminal rehabilitation application. It is not automatically approved even if 5 years has elapsed! Meaning the 5 year rule is useless!
The '5 year rule' only means that you're eligible to *apply* for rehab, not be granted it. You can only be deemed rehabilitated automatically after 10 years, not 5.

HTH.
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Old Oct 24th 2015, 8:15 am
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Default Re: Immigration companies

I understand that.
But everyone applying for rehabilitation is past the 5 years so how is it determined if your rehabilitated? Everyone has not committed a criminal offence for 5 years! I don't think it's to do with rehabilitation really it's to do with the crime committed. Hence making the 5 year general rule useless. Otherwise everyone is rehabilitated after 5 years or they couldn't apply!
Every lawyer I have spoke to has said the criminal rehabilitation application used to be straight forward and followed the same rules as uk rehabilitation but since the law changed in the uk it's become a bit vague
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