Jameso

I have changed the title in the hope that someone might reply this time

Please, Please, Please.

I submitted a "for information only" rehabilitation application at the end of June this year to the Canadian High Commission in London. As yet I have not even had a reciept. Can anyone advise on what I should I expect to happen next. My common law partner is a Canadian citizen and we have been together as man and wife for four years now. She is anxious to return to Canada to begin university (she is 25) and to be near to her young brothers and family. I was convicted of DUI five years ago, I am 5 months away from being fully eligible to apply for criminal rehabilitation. I am now working for the police in IT in a civilian role. What are our chances??????

SamJ

Try going online and search the canadian gov's sites, you may find something more useful.


Sam.



Equivalency

For a foreign conviction, act or omission to cause inadmissibility, there must be an equivalent offence under a Canadian federal statute in force at the time that the applicant is seeking admission. All the circumstances of the foreign conviction must be considered to establish equivalency. An applicant may have to provide an arrest report, the charges and his or her own statement in addition to the appropriate foreign statute before a proper determination can be made.



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Rehabilitation

The general rule is that persons who, outside of Canada, committed or were convicted of criminal acts cannot be admitted or issued visas to Canada unless the Minister of Citizenship and Immigration or a delegated authority approves rehabilitation. A request for rehabilitation will be successful only if it appears that future unlawful activities are extremely unlikely.



© Campbell, Cohen. All rights reserved.

Andrew Miller

Chances for what? If for rehabilitation then you need to wait until 5 years passes from the end of imposed sentence (jail, probation or fine paid) before you are eligible. Submitting CR application "for information only" without applying for visa was rather pointless.

Jameso

but From what I have read you have to get a letter approving rehabilitation before you can apply????? why is it pointless?? (it is an official canadian immigration form)

Will the high commission send me a reply telling me what to do next?

I am 5 months away from being fully eligible to apply for rehabilitation (i.e it is 5 months including the 14 month driving ban)

According to all I have read you submit the rehabilitation application and then you are advised on what to do next. Is this not the case???

Should we now submit a common law partners application? but how can we do this with no reference number to quote so that the High Commission can tie it in with what I have already submitted.

Surley they will not just bin what I have sent in without sending some sort of response????

Thanks in advance for any help/ advice anyone can offer. We have been striving for this for about three years now.

Jameso

Taken from the guide for applying for rehabilitation IMM5312


"If you are sending in the form for information only

See the section Coming to, or Remaining in Canada Without Approval of Rehabilitation.
Do not send a processing fee. An officer will review the form and advise how you should proceed.


If you are applying to live in Canada permanently, indicate what type of application you WILL make.
i.e. spouse or parent of a Canadian citizen or permanent resident, business person, refugee, skilled
worker, etc. Print the names of all your immediate family members in Canada"

So how is it pointless??

Andrew Miller

Because visa posts don't really have time to deal with it in any reasonable time - their priority is to process applications.

More - what you wanted to get anyway? Sending it "for information only" at best would bring you the answer telling you what the requirements for Criminal Rehabilitation are and it is what you already know.

Jameso

but that makes no sense. Why would they have it as an official application form if they are not going to deal with it. It states on the form that on reviewing it the officer will advise on what to do next, which may include recommendation for a ministers permit or temporary residence permit.

What would you advise we do? Does my partner (a Canadian Citizen) now have to stay in England indefinately, away from her family with no end in sight and unable to begin her higher education. How can this be right? How does this reflect Canada's immigration policy of family re-unification and their desire to encourage young immigrants.

Thanks again for any advice you can offer.