Immigration with Criminal Record

Old Mar 21st 2008, 9:03 pm
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Question Immigration with Criminal Record

Hi,

I am 27 now, but when I was 17 I was arrested twice in the space of a week during a difficult time in my life and received a conditional discharge at court for three offences: 2 x drunk and disorderly; 1 x possession of cannabis.

I would likely be marrying a Canadian and attempting to immigrate under the spousal sponsorship scheme.

My convictions are spent, yet I know the relevant application forms request disclosure of any convictions whatever.

Do any of you know anyone who has relocated to Canada with a criminal record?

Do you know of anyone who has had experience obtaining pardons?

Any advice on this matter would be greatly appreciated.

Thanks,

Tab
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Old Mar 21st 2008, 10:10 pm
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Default Re: Immigration with Criminal Record

Originally Posted by Tab007
Hi,

I am 27 now, but when I was 17 I was arrested twice in the space of a week during a difficult time in my life and received a conditional discharge at court for three offences: 2 x drunk and disorderly; 1 x possession of cannabis.

I would likely be marrying a Canadian and attempting to immigrate under the spousal sponsorship scheme.

My convictions are spent, yet I know the relevant application forms request disclosure of any convictions whatever.

Do any of you know anyone who has relocated to Canada with a criminal record?

Do you know of anyone who has had experience obtaining pardons?

Any advice on this matter would be greatly appreciated.

Thanks,

Tab
if you search this forum you would find a few posts on this topic. It is advisable to get in touch with a good authorized immigration consultant regarding criminal rehabilitation. In my opinion, I think it may have a chanceas your offences are quite old now. Do get in touch with someone with someone more knowledgeable.

regs
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Old Mar 22nd 2008, 11:31 am
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Default Re: Immigration with Criminal Record

Thanks for the reply, but with respect I have searched and read the threads relating to this issue, and most if not all of the discussion is centred around the procedure of obtaining a criminal record check on the assumption that one does not have a record.

If there is anyone out there who has any insight into the process for people like me, please reply.

Thanks in advance,

Tab
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Old Mar 22nd 2008, 8:02 pm
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Default Re: Immigration with Criminal Record

Originally Posted by Tab007
Thanks for the reply, but with respect I have searched and read the threads relating to this issue, and most if not all of the discussion is centred around the procedure of obtaining a criminal record check on the assumption that one does not have a record.

If there is anyone out there who has any insight into the process for people like me, please reply.

Thanks in advance,

Tab
Hi
Apparently the new Acpo Police checks will not show spent convictions I believe. It may be worth getting one and seeing what it says. Yes it is £35

You should not try to hide it on the application forms as they may find out and it would not help your cause to add dishonesty to the prev convictions.

The Acpo check would back up what you are saying if your convictions are viewed by them as spent.

If I was in your shoes I would get a Subject access check under Data Protection act 1998 and an Acpo check. The subject access would show those conviction and that you were not intending to hide anything.
£45 in total 35 +10 would be a small price to pay for peace of mind.

CHC are a bit sketchy about accepting the new Acpo checks, but if you get both, they will have the full picture.

This is what I would do and some others may disagree but they will no doubt tell you if they do

Whatever....good luck with it all.

Stef and Lins

Last edited by lins and Stef McLachlan; Mar 22nd 2008 at 8:04 pm. Reason: typo
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Old Mar 23rd 2008, 6:02 am
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Default Re: Immigration with Criminal Record

Your offences are minor, and are not going to be a big deal, in the whole picture of things. As suggested above, get all of your checks done, and be up front about the entire matter. I can assure you that many people have been admitted to Canada, with worse records than yours!
Good luck.
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Old Mar 24th 2008, 4:01 pm
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Default Re: Immigration with Criminal Record

Hi
I appreciate your concerns, it's hard to find cases that match yours for comparison.
I have just received my permanent residency via the spousal route. I had 2 convictions, one for (minor) assault in 1989 and one DUI in 1992. Even though the DUI didn't show on my police check I decided it was best to declare it.
I used an immigration lawyer to prepare my case because of this, and had everything I could possibly need in my application (court records and so on).
My case took a little over 4 months to process, start to finish.

Hope all goes well
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Old Mar 24th 2008, 8:33 pm
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Default Re: Immigration with Criminal Record

Originally Posted by Tab007
Thanks for the reply, but with respect I have searched and read the threads relating to this issue, and most if not all of the discussion is centred around the procedure of obtaining a criminal record check on the assumption that one does not have a record.
Tab
With respect this question does come up quite frequently on the forum as there are many people with sometimes colourful pasts trying to get to Canada

Here is a link to one of the more recent threads which you might find useful Part 1 and Part 2

Sometimes you need to be a bit creative in your search to get your answer.
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Old Mar 25th 2008, 3:02 am
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Default Re: Immigration with Criminal Record

http://geo.international.gc.ca/can-a...ibility-en.asp

http://www.cic.gc.ca/ENGLISH/visit/f...issibility.asp
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Old Mar 25th 2008, 5:26 pm
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Default Re: Immigration with Criminal Record

Hi,

Your criminal record will not be a problem.

After 10 years minor offenders are deemed to be rehabilitated. D & D is not a criminal conviction - so you only have one offence - possession of drugs -
this may be investigated to make sure it wasn't traffiking (i.e dealing) which is serious offence making you inadmissable unless you apply for a special permit -if it was simple possession, you will do fine.

Stay out of trouble and you will be OK.
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Old Mar 27th 2008, 5:53 pm
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Default Re: Immigration with Criminal Record

Originally Posted by VancouverNewbie
D & D is not a criminal conviction
Here is what the website of the Canadian embassy in Washington, DC has to say:
Persons who are inadmissible to Canada

Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.

Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.
Page 4 of CIC's Guide entitled Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity states:

In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.

To quote just one provincial website on traffic safety, in this case Alberta's (I won't bother to dredge up the rest):

It is a criminal offence to operate, or be in care or control of, a motor vehicle while your ability is impaired by alcohol or drugs.

x
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Old Mar 27th 2008, 6:22 pm
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Default Re: Immigration with Criminal Record

Driving whilst impaired/under influence - DWI/DUI- through drink or drugs is a serious offence in most countries - but drunk and disorderly, D&D is seldom a serious offence- the nearest canadian offence would be Disorderly conduct - which most certainly would be a summary conviction. possession of marijuana is also summary - although in England - Youth Court ends at 17, in Canada the Federal age is 18, so technically they would be juvenile offences.

Summary convictions would expire after 5 years, after 10 years there would be deemed rehabilitation - even if there wasn't deemed rehabilitation - you can apply for rehabilitation on IMM1444 or something.

Basically, if its D&D - don't worry about it, if its DWI/DUI, you probably need to go down the rehab. route.

In either case immigration is possible.
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Old Mar 27th 2008, 6:24 pm
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Default Re: Immigration with Criminal Record

Originally Posted by VancouverNewbie
Driving whilst impaired/under influence - DWI/DUI- through drink or drugs is a serious offence in most countries - but drunk and disorderly, D&D is seldom a serious offence- the nearest canadian offence would be Disorderly conduct - which most certainly would be a summary conviction. possession of marijuana is also summary - although in England - Youth Court ends at 17, in Canada the Federal age is 18, so technically they would be juvenile offences.

Summary convictions would expire after 5 years, after 10 years there would be deemed rehabilitation - even if there wasn't deemed rehabilitation - you can apply for rehabilitation on IMM1444 or something.

Basically, if its D&D - don't worry about it, if its DWI/DUI, you probably need to go down the rehab. route.

In either case immigration is possible.
Thanks for the clarification.
x
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Old Mar 28th 2008, 4:19 am
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Default Re: Immigration with Criminal Record

I don't know why drinking and driving was brought up. Anyway...

After doing a little research I am satisfied that I was tried as a young offender in a youth court.

http://www.hmcourts-service.gov.uk/i...ates/youth.htm

According to what I've read on the CIC site, this means I am not inadmissible and will not have to obtain confirmation of rehabilitation or a pardon or anything of that nature.

This is a huge relief, and should mean my criminal record will have little to no impact on my application for PR.

I will still of course declare everything and obtain all the necessary documents and really appreciate your advice on sorting this out.

Thanks,

Tab
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