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Minor Uk Offence - Canadian Work Permit

Minor Uk Offence - Canadian Work Permit

Old Oct 5th 2004, 5:54 am
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Default Minor Uk Offence - Canadian Work Permit

Folks,

Wondering if someone can help me...Im a British Citizen, who has recently accepted a skilled job offer (Professional Engineer) with a large multinational company in Calgary. The HRDC approval is currently underway and due for approval approx mid October.

My question is, approx 6 years ago I was arrested for being Drunk and Disorderly at a Soccer match in the UK, I received a $200 fine for my stupidity.....This offence is now considered 'Spent' within the frame of UK law and therefore does not have to be disclosed on paperwork within the UK , However, I intend on disclosing this fact on my Canadian work permit (After HRDC approval)....Does anyone know whether this will have any impact on the work permit application ? Indeed, do I have to disclose this offence ?

For the record, My fiance is a Canadian and we are both intending on moving to Calgary before christmas on a permanent basis, with my fiance subsequently sponsoring myself for landed immigrant status.

Any advice would be highly appreciated.
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Old Oct 6th 2004, 1:17 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Originally Posted by Engineer.
Folks,

Wondering if someone can help me...Im a British Citizen, who has recently accepted a skilled job offer (Professional Engineer) with a large multinational company in Calgary. The HRDC approval is currently underway and due for approval approx mid October.

My question is, approx 6 years ago I was arrested for being Drunk and Disorderly at a Soccer match in the UK, I received a $200 fine for my stupidity.....This offence is now considered 'Spent' within the frame of UK law and therefore does not have to be disclosed on paperwork within the UK , However, I intend on disclosing this fact on my Canadian work permit (After HRDC approval)....Does anyone know whether this will have any impact on the work permit application ? Indeed, do I have to disclose this offence ?



For the record, My fiance is a Canadian and we are both intending on moving to Calgary before christmas on a permanent basis, with my fiance subsequently sponsoring myself for landed immigrant status.

Any advice would be highly appreciated.
Sounds like you are in a similar situation to me. I was convicted of driving under the influence nearly six years ago and my common law partner of 4 years now is a Canadian Citizen. I am having to wait until March 2005 when five years will have elapsed since the end of my 14 month driving ban. I will then be eligible to apply for Criminal Rehabilitation to Canadian immigration as well as applying for my common law partner to sponsor me. I have been told that this process may take upto, or even over two years!!!!! Keep me posted on how you are getting on and I will keep you posted on my situation
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Old Oct 6th 2004, 4:47 am
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Default Re: Minor Uk Offence - Canadian Work Permit

I think this would be a very tricky one because unlike other offences, in Canada DUI is a serious offence compared to the US and UK. I would consult an Immigration lawyer or consultant in this case.



Originally Posted by Engineer.
Folks,

Wondering if someone can help me...Im a British Citizen, who has recently accepted a skilled job offer (Professional Engineer) with a large multinational company in Calgary. The HRDC approval is currently underway and due for approval approx mid October.

My question is, approx 6 years ago I was arrested for being Drunk and Disorderly at a Soccer match in the UK, I received a $200 fine for my stupidity.....This offence is now considered 'Spent' within the frame of UK law and therefore does not have to be disclosed on paperwork within the UK , However, I intend on disclosing this fact on my Canadian work permit (After HRDC approval)....Does anyone know whether this will have any impact on the work permit application ? Indeed, do I have to disclose this offence ?

For the record, My fiance is a Canadian and we are both intending on moving to Calgary before christmas on a permanent basis, with my fiance subsequently sponsoring myself for landed immigrant status.

Any advice would be highly appreciated.
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Old Oct 6th 2004, 9:13 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Hi,

I am not an Attorney nor a specialist of this kind of issue. However, I would like to share my personal opinion.

From the information you provided, I think the Canadian equivalent of that offense is section 175 (1) (i & ii) of the Canadian Criminal Code, which is read as follow:

175. (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

(ii) by being drunk, or

(iii) by impeding or molesting other persons,

(b) openly exposes or exhibits an indecent exhibition in a public place,

(c) loiters in a public place and in any way obstructs persons who are in that place, or

(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

is guilty of an offence punishable on summary conviction.

----------------------

If I am right, since this is only a summary conviction type of offense and not an indictable one (nor a mix offense), you are eligible for Canadian immigration. I based my opinion on section 36 (2) if the Immigration and Refugee Protection Act, which is read as follow:

36. (2) A foreign national is inadmissible on grounds of criminality for:

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;

I would like to remind you that I may be wrong. Perhaps you should consult a Canadian Attorney on this issue? Or if anyone in the forum has a better answer please feel free!

Good luck,

Shannon
http://www.workincanada.net





Originally Posted by Engineer.
Folks,

Wondering if someone can help me...Im a British Citizen, who has recently accepted a skilled job offer (Professional Engineer) with a large multinational company in Calgary. The HRDC approval is currently underway and due for approval approx mid October.

My question is, approx 6 years ago I was arrested for being Drunk and Disorderly at a Soccer match in the UK, I received a $200 fine for my stupidity.....This offence is now considered 'Spent' within the frame of UK law and therefore does not have to be disclosed on paperwork within the UK , However, I intend on disclosing this fact on my Canadian work permit (After HRDC approval)....Does anyone know whether this will have any impact on the work permit application ? Indeed, do I have to disclose this offence ?

For the record, My fiance is a Canadian and we are both intending on moving to Calgary before christmas on a permanent basis, with my fiance subsequently sponsoring myself for landed immigrant status.

Any advice would be highly appreciated.
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Old Oct 6th 2004, 5:28 pm
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Default Re: Minor Uk Offence - Canadian Work Permit

Thanks everyone,

I'll keep you all informed, Im in work at the moment (currently in India), and will get a better opourtunity to review later, and respond some more.

My issue at the moment is actually with getting a work permit to work in Canada, I intend on getting legal advice when/ If i get over to Canada..

If anybody has some details of a suitable attorney at this stage, please let me know.

Regards
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Old Oct 7th 2004, 1:38 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Originally Posted by Jameso
Sounds like you are in a similar situation to me. I was convicted of driving under the influence nearly six years ago and my common law partner of 4 years now is a Canadian Citizen. I am having to wait until March 2005 when five years will have elapsed since the end of my 14 month driving ban. I will then be eligible to apply for Criminal Rehabilitation to Canadian immigration as well as applying for my common law partner to sponsor me. I have been told that this process may take upto, or even over two years!!!!! Keep me posted on how you are getting on and I will keep you posted on my situation
JamesO,

Does sound like we are in simmilar positions.

Am I correct in assuming that your in Britain at the moment ?..and that youve already been in contact with the Canadian Authorities ?..Im having trouble getting specific advice.

I have some friends (British, Kiwi), who have moved over recently and the whole Permenant residence has taken them from 12-18 Months...I really dont think theres a quick way around that one...Naturally the rehabilitation issue will add to that.

Im hoping that due to the fact that I already have a job over in Canada and the HRDC approval is due any time, that I can 'clear my name' over in Canada, so my query really is wether or not this is going to cause me a problem getting the work permit passed through....

I'll definetly keep you informed, and pass on info if I think it may help.

thanks.
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Old Oct 7th 2004, 1:46 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Originally Posted by Shannon
Hi,

I am not an Attorney nor a specialist of this kind of issue. However, I would like to share my personal opinion.

From the information you provided, I think the Canadian equivalent of that offense is section 175 (1) (i & ii) of the Canadian Criminal Code, which is read as follow:

175. (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

(ii) by being drunk, or

(iii) by impeding or molesting other persons,

(b) openly exposes or exhibits an indecent exhibition in a public place,

(c) loiters in a public place and in any way obstructs persons who are in that place, or

(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

is guilty of an offence punishable on summary conviction.

----------------------

If I am right, since this is only a summary conviction type of offense and not an indictable one (nor a mix offense), you are eligible for Canadian immigration. I based my opinion on section 36 (2) if the Immigration and Refugee Protection Act, which is read as follow:

36. (2) A foreign national is inadmissible on grounds of criminality for:

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;

I would like to remind you that I may be wrong. Perhaps you should consult a Canadian Attorney on this issue? Or if anyone in the forum has a better answer please feel free!

Good luck,

Shannon
http://www.workincanada.net
Hello Shannon,

Just read through the stuff you sent, its heartening if its correct...lots of jargon here, im very grateful for your assessment.

What is a indictable offence as supposed to a summary conviction ?

My plan is to get a lawyer/attorney on the case when I get over to Canada, right now Im concerned about whether or not I will get the work permit passed. Do you know anything about this area ?

My HRDC approval is due any day as I already have a job to start in Canada....Im hoping to sort out this mess in Canada...

Please let me know if you have any info/opinion on the work permit issue.

Just for info : In the UK, this offence is now spent i.e. I am considered fully rehabilitated and therefore I do not have to disclose these details for a new job or pretty much anything,

Does such a law exist in Canada ? whereby I can not disclose these details on the Work permit application.

Thanks for the help.

'Engineer.
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Old Oct 7th 2004, 1:51 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Might as well send your application. I think the CIC will be kind enough to inform you if there is any problem on you application. I believe for work permits they don`t do in depth scrutiny on your criminal record. If you get rejected, then you can hire a lawyer. Does that make sense??



Originally Posted by Engineer.
Thanks everyone,

I'll keep you all informed, Im in work at the moment (currently in India), and will get a better opourtunity to review later, and respond some more.

My issue at the moment is actually with getting a work permit to work in Canada, I intend on getting legal advice when/ If i get over to Canada..

If anybody has some details of a suitable attorney at this stage, please let me know.

Regards
Redwings is offline  
Old Oct 7th 2004, 1:53 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Originally Posted by Engineer.
Hello Shannon,

Just read through the stuff you sent, its heartening if its correct...lots of jargon here, im very grateful for your assessment.

What is a indictable offence as supposed to a summary conviction ?

My plan is to get a lawyer/attorney on the case when I get over to Canada, right now Im concerned about whether or not I will get the work permit passed. Do you know anything about this area ?

My HRDC approval is due any day as I already have a job to start in Canada....Im hoping to sort out this mess in Canada...

Please let me know if you have any info/opinion on the work permit issue.

Just for info : In the UK, this offence is now spent i.e. I am considered fully rehabilitated and therefore I do not have to disclose these details for a new job or pretty much anything,

Does such a law exist in Canada ? whereby I can not disclose these details on the Work permit application.

Thanks for the help.

'Engineer.
For Immigration there are no spent offences. But yours is not so important, being a single relatively minor incident. It does not make you inadmissible so you can enter Canada.
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Old Oct 8th 2004, 4:15 am
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Default Re: Minor Uk Offence - Canadian Work Permit

Originally Posted by Jim Humphries
For Immigration there are no spent offences. But yours is not so important, being a single relatively minor incident. It does not make you inadmissible so you can enter Canada.
Thanks for your help Jim, knew that there had to be some common sense to all this.

Will let you know how I get on, and if I need further advice.
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