Immigration with police caution

Old Aug 14th 2010, 11:41 pm
  #1  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 17
bd85uk is an unknown quantity at this point
Default Immigration with police caution

Hello everyone

Just introducing myself quickly, my names Ben, im a 25 truck driver from London and i've been looking at this forum and the other one for the past two years but this is my first post now because i've seen all the info on here but cant find an answer to my current problem.

Last year I had an interview with a canadian trucking company but got told I didn't have enough experience. The thing is I've wanted to go to Canada since that time so was told in the interview to get a bit more experience which I have done over the past year so I looking at applying again.

The thing is, since the interview last year I got into a drunken fight and got two cautions. one for coomon assault and one for assaulting a constable, both which I now dispute but thought it was best at the time when I accepted them. Now I know they are spent straight away over here but I was wondering where I stand with Canadian immigration. Would it be fine to be in Canada but the problem be crossing the border into America?

I have searched the forum before and there seems to be a lot of conflicting information, especially recently.

I have posted this on the trucking forum too but if anyone can help me with the legal side of it then I would be grateful.

Thanks

Ben

Last edited by bd85uk; Aug 14th 2010 at 11:44 pm. Reason: Spelling
bd85uk is offline  
Old Aug 16th 2010, 12:37 am
  #2  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 17
bd85uk is an unknown quantity at this point
Default Re: Immigration with police caution

Any idea's anyone? Please? The only reason i have bumped this thread is because i've sort of put my life on hold at the moment because of this situation. I'd really be grateful for any help and advice. Thanks.
bd85uk is offline  
Old Aug 16th 2010, 12:48 am
  #3  
BE Enthusiast
 
sdo1982's Avatar
 
Joined: Aug 2010
Posts: 330
sdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nicesdo1982 is just really nice
Default Re: Immigration with police caution

A quick search revealed this:

http://britishexpats.com/forum/showthread.php?t=670888
sdo1982 is offline  
Old Aug 16th 2010, 3:04 am
  #4  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 17
bd85uk is an unknown quantity at this point
Default Re: Immigration with police caution

Yeah i did see that thread. It was the first one i read! But the first reply to the question said that it is a conviction in the eyes of canadian law, and then the second reply basically said it was ok! And also that it was a recent development. I posted my question because i thought there might be a definite answer or if anyone knew any different. Thanks again.
bd85uk is offline  
Old Aug 16th 2010, 4:07 am
  #5  
Forum Regular
 
Joined: Feb 2010
Posts: 37
dietswork is just really nicedietswork is just really nicedietswork is just really nicedietswork is just really nicedietswork is just really nicedietswork is just really nicedietswork is just really nicedietswork is just really nice
Default Re: Immigration with police caution

Originally Posted by bd85uk
Yeah i did see that thread. It was the first one i read! But the first reply to the question said that it is a conviction in the eyes of canadian law, and then the second reply basically said it was ok! And also that it was a recent development. I posted my question because i thought there might be a definite answer or if anyone knew any different. Thanks again.
Burgon would come into play, so the caution would be spent (if it was a simple one, or if conditional at the end of that period)

Under The Criminal Justice and Immigration Act 2008 the Rehabilitation of Offenders Act was amended to include Cautions so the info posted by jimmydean here http://britishexpats.com/forum/showthread.php?t=670888 is not exact.

The Criminal Justice and Immigration Act 2008

“SCHEDULE 2 Protection for spent cautions
Preliminary

1 (1) For the purposes of this Schedule a caution shall be regarded as a spent caution—

(a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution;

(b) in any other case, at the time the caution is given.

There is lots written about Burgon case here http://britishexpats.com/forum/showthread.php?t=629121

As for the 2 cautions, regarding the assault on a police officer a couple of cases come to mind

Assaulting and Beating Guard - Matter of B-, 5 I. & N. Dec. 538 (BIA 1953) - Massachusetts Law (Statute for simple assault not cited in the case). Held not to be a CIMT. This case involved a simple assault. The BIA cited Massachusetts’s case law for the proposition that the fact the assault was committed upon a police officer does not necessarily change the crime to a CIMT. The indictment here did not charge the alien with being armed with any type of weapon.

NOTE: Matter of Danesh, 19 I. & N. Dec. 669 (BIA 1988), pointed out that Matter of B- is incorrect insofar as it stands for the proposition that an aggravated assault only involves moral turpitude if a deadly or dangerous weapon is used.

As for the common assualt it depends whom you assaulted and with what. You would be better asking that question in the US forum.

Last edited by dietswork; Aug 16th 2010 at 4:10 am.
dietswork is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.