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police cautions and holidays in canada

police cautions and holidays in canada

Old Apr 22nd 2009, 12:25 am
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Default police cautions and holidays in canada

I hope I'm posting in the right section.... my story is eventually going to end up as immigration, and a lot of information I've read about that here so far is going to be very useful I'm sure

My boyfriend is from the UK, I am Canadian (in Alberta). He is planning to move here hopefully soon (within the next year), but has one of those pesky police cautions. He received it last year. We are finding out a lot of info about the immigration process and the caution, which is great, but one thing we're wondering about, is if it would affect him just on a holiday to Canada?

Can anyone shed light on this? Does he say he has any convictions upon entry to Canada? Does he need to have a police check before he comes here? He's got a holiday booked at the end of June for 2 weeks, so that gives us approximately 60 days. Any information anyone could give would be greatly appreciated!
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Old Apr 22nd 2009, 1:11 am
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Default Re: police cautions and holidays in canada

Originally Posted by krittykrats
I hope I'm posting in the right section.... my story is eventually going to end up as immigration, and a lot of information I've read about that here so far is going to be very useful I'm sure

My boyfriend is from the UK, I am Canadian (in Alberta). He is planning to move here hopefully soon (within the next year), but has one of those pesky police cautions. He received it last year. We are finding out a lot of info about the immigration process and the caution, which is great, but one thing we're wondering about, is if it would affect him just on a holiday to Canada?

Can anyone shed light on this? Does he say he has any convictions upon entry to Canada? Does he need to have a police check before he comes here? He's got a holiday booked at the end of June for 2 weeks, so that gives us approximately 60 days. Any information anyone could give would be greatly appreciated!
Like you KK this is my first post on here so I'll do the best I can, what was his offence? if it was just a caution as you say then he won't have a problem as it's not a conviction which is what will show up on his police checks.

I moved to Cananda on August 08 with numerous previous convictions from when I was younger and previous to 08/2008 I had come to Canada 4 times on reccie trips without mentioning my past, so I don't see any problems for your boyfriend.

Hope this helps.
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Old Apr 22nd 2009, 2:40 am
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Default Re: police cautions and holidays in canada

Originally Posted by Mooredog
Like you KK this is my first post on here so I'll do the best I can, what was his offence? if it was just a caution as you say then he won't have a problem as it's not a conviction which is what will show up on his police checks.

I moved to Cananda on August 08 with numerous previous convictions from when I was younger and previous to 08/2008 I had come to Canada 4 times on reccie trips without mentioning my past, so I don't see any problems for your boyfriend.

Hope this helps.
Hi ok im going to but in,i think the caution was for common asault,it may have been for abh but i dont think so...does it make a difference which one?(thats another thing its fine for the canadians to do a crb check on me...but to try to do one on my self!omg!data protection this data protection that:S )i know common asault is a lesser charge,but like you say its only a caution,i havent been convicted of anything,but apparently it does show on a record,but are they bothered?do the canadians know what a caution means?its not a conviction but it apparently is a admission of guilt

Hopefully someone knows how canadian law stands..cos trying to get a answer from the canadian embassy in london is like trying to get blood from a stone
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Old Apr 22nd 2009, 3:50 am
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Default Re: police cautions and holidays in canada

Hi and welcome to the forum.

Ok, I'm going to completely disagree with Mooredog but it's my understanding that a caution *is* a conviction. It's still an admission of guilt and I'm pretty sure it's classed as a conviction in the eyes of immigration.

In any event, it will definitely show up on a police check. Also, Mooredog mentions that he moved to Canada with convictions from when he was younger, but the problem is that if 5 years haven't passed since the end of sentence of a conviction, a person with a criminal record is inadmissible to Canada. I'm guessing more than 5 years had passed since Mooredog's last conviction - either that or he's in Canada illegally and in trouble!!

Criminal rehabilitation needs to be applied for (can take several months) and that cannot be done until at least 5 years have passed. After 10 years an individual is deemed rehabilitated anyway. Have a read of this from the CIC website for more info....................http://www.cic.gc.ca/english/informa...ns/rehabil.asp

I cannot recall whether or not a caution needs criminal rehab - if it does you're in trouble as he cannot enter Canada (even as a visitor) until he has it, and he cannot apply until 2013. But I will go and have a hunt of the forums and see what I can find as I know it's been discussed before.

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Old Apr 22nd 2009, 4:04 am
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Default Re: police cautions and holidays in canada

Right, I've done a quick search and from reading various threads, it would appear that:
  • a caution is definitely a conviction
  • it will show up on a police check at least 3 years after the event
  • he is definitely inadmissible to Canada at the moment with a recent caution
  • it will require him to go through criminal rehab - but if it was a minor offence then it may be granted earlier than the 5 years have passed. He'll need to apply for an 'information only' request which will tell him when he can apply for criminal rehab. Depending on the offence, they may grant it now if it was very minor (will depend on the equivalent offence under Canadian law), or they may make him wait the full five years before he can apply.

Sorry, I know this is probably not what you want to hear - particularly as it's highly unlikely he'll have this sorted for his trip in June, so you may need to plan to come to the UK instead. Have a read of the section on the CIC website I gave you earlier, and also it is probably a good idea for you to do a search of the forums as well to find relevant threads from people that have gone through the same thing.

Best of luck.
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Old Apr 22nd 2009, 4:09 am
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Default Re: police cautions and holidays in canada

Ok, please read the following link.

I think it should clear up most peoples minds. It is from the Police National Legal Database and is a bible used by law agaencies for a quick reference to charges and such like.

https://www.askthe.police.uk/content/Q562.htm
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Old Apr 22nd 2009, 4:11 am
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Default Re: police cautions and holidays in canada

Originally Posted by leecyndisanders
Ok, please read the following link.

I think it should clear up most peoples minds. It is from the Police National Legal Database and is a bible used by law agaencies for a quick reference to charges and such like.

https://www.askthe.police.uk/content/Q562.htm
Just to clear up that this is not the actual PNLD but a variant
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Old Apr 22nd 2009, 5:35 am
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Default Re: police cautions and holidays in canada

This is exactly why this is so confusing... there is so much conflicting information out there...

We have seen many other websites saying a caution is not considered a criminal conviction. All we want to know if he can come for a visit for now, but most information is about the actual immigrating.
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Old Apr 22nd 2009, 5:52 am
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Default Re: police cautions and holidays in canada

Originally Posted by krittykrats
This is exactly why this is so confusing... there is so much conflicting information out there...

We have seen many other websites saying a caution is not considered a criminal conviction. All we want to know if he can come for a visit for now, but most information is about the actual immigrating.
It's only a caution, the form you fill in on board the aircraft only asks if you have a criminal conviction, tick 'no'. Does anyone really think they run a criminal names check on every passenger coming in for a vacation, with a return air ticket?
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Old Apr 22nd 2009, 5:54 am
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Default Re: police cautions and holidays in canada

He'll be fine.

Anyway- entrance is at the discretion of the Imm officer.
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Old Apr 22nd 2009, 5:58 am
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Default Re: police cautions and holidays in canada

Originally Posted by Luckyone
It's only a caution, the form you fill in on board the aircraft only asks if you have a criminal conviction, tick 'no'. Does anyone really think they run a criminal names check on every passenger coming in for a vacation, with a return air ticket?
At last someone that answerd the question
now we just need everyone else to disagree
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Old Apr 22nd 2009, 6:09 am
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Default Re: police cautions and holidays in canada

Hi

Originally Posted by ebsta
At last someone that answerd the question
now we just need everyone else to disagree
I will disagree, CHC London considers a caution the same as a conviction,as you admitted the crime and accepted the caution.

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Old Apr 22nd 2009, 6:10 am
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Default Re: police cautions and holidays in canada

Strictly speaking he is inadmissiable but the chances of him being asked are just about zero
canada do not differnetiaite between a weekend in niagra and wanting to come here for life as far as crim rehab goes

the landing card for canada does not ask about convictions cautions and arrests so he wont be telling any porkys

we have been through the nightmare of rehab so feel free to search my posts I have written squillions on it and so have many others

take my advice listed to the posters who have actually been through it
there is a lot of half backed info on here about crim rehab etc but those who have had to do it will give you the most worthy info

try your best to relax and enjoy the June visit

if its any consolation
my husbands offence was over 10 years ago since then he has lived in canada back in 2003 and we have been here this time for a year

he did not get rehab until september of last year

all previous visits were forgiven by chc when technically he was inadmissible we explained everything and confessed to all obviuosly and we had never been dishonset in anyway( fortunately when he worked in canada a few years ago he was not subject to immigration rules diplomatic immunity and all that)

rehab took exactly 3 months

we have had meds and just about PR ( fingers crossed)

he will need to get in a rehab application if he wants to apply for PR do it as soon as possible and make it awesome covering everything chc want ( see my tips post for this)

unfortunataly cautions are as naughty as conviations for chc see cancovs posts same situation as you

can I also correct a common belief " statement above re after 10 years you are deemed rehab) this is not exactly accurate
and has a lot of depends

plus only CHC can deem rehab we as mere applicants cannot

if you are deemd rehab you have to apply to chc who will then give you a bit of paper to say so and refund your rehab application fee

doesnt apply to you but some provinces will not accept PNP applicants without rehab application for any crime at all unless rehab applied for even if its something from over 20 years ago with a fine and very minor

my advice comes from my own situation and that of 2 close friends who I have assisted with rehab applications here in canada

huge luck all
husbands with baggage who would have em

Last edited by chumley; Apr 22nd 2009 at 6:17 am.
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Old Apr 22nd 2009, 7:56 am
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Default Re: police cautions and holidays in canada

Originally Posted by chumley
Strictly speaking he is inadmissiable but the chances of him being asked are just about zero
canada do not differnetiaite between a weekend in niagra and wanting to come here for life as far as crim rehab goes

the landing card for canada does not ask about convictions cautions and arrests so he wont be telling any porkys

we have been through the nightmare of rehab so feel free to search my posts I have written squillions on it and so have many others

take my advice listed to the posters who have actually been through it
there is a lot of half backed info on here about crim rehab etc but those who have had to do it will give you the most worthy info

try your best to relax and enjoy the June visit

if its any consolation
my husbands offence was over 10 years ago since then he has lived in canada back in 2003 and we have been here this time for a year

he did not get rehab until september of last year

all previous visits were forgiven by chc when technically he was inadmissible we explained everything and confessed to all obviuosly and we had never been dishonset in anyway( fortunately when he worked in canada a few years ago he was not subject to immigration rules diplomatic immunity and all that)

rehab took exactly 3 months

we have had meds and just about PR ( fingers crossed)

he will need to get in a rehab application if he wants to apply for PR do it as soon as possible and make it awesome covering everything chc want ( see my tips post for this)

unfortunataly cautions are as naughty as conviations for chc see cancovs posts same situation as you

can I also correct a common belief " statement above re after 10 years you are deemed rehab) this is not exactly accurate
and has a lot of depends

plus only CHC can deem rehab we as mere applicants cannot

if you are deemd rehab you have to apply to chc who will then give you a bit of paper to say so and refund your rehab application fee

doesnt apply to you but some provinces will not accept PNP applicants without rehab application for any crime at all unless rehab applied for even if its something from over 20 years ago with a fine and very minor

my advice comes from my own situation and that of 2 close friends who I have assisted with rehab applications here in canada

huge luck all
husbands with baggage who would have em
nice post


It seems cautions in the uk are a confusing subject as they do not have them in other countries,if you ask in google "is a police caution a conviction?" the most common answer wil be NO..and if you are asked have you any convictions your answer shoul be NO....i just called essex police,spoke to a police sargent there who was happy to give me his number and name and he said..."a police caution is offered instead of going to court and risking a conviction"
So i am taking his details time of call etc to Canada and i will not worry any more

thanks to all that have posted,and i love you krittykrats XX
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Old Apr 22nd 2009, 8:12 am
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Default Re: police cautions and holidays in canada

thing is folks we are under canadain law for visits to canada not UK law or any other country

and canada can stipulate whatever they like

doeant matter a jot what anyone in the UK says its what canada says and thier interpertation that matters

will add though that Canadian law is based on UK law and Canada do recognise the UK rehab of offenders act so thats good news for Brits

one of things not mentioned in the document checklist for rehab is getting a letter of confrimation from a Uk solicitor to send with your application stating that your crime be it caution conviction or whatever is deemed spent under Uk law

Canada will recognise this I have it in Black and white from CHC in a ltter they sent me

as I say look up Cancov on here, her partner had a simple caution she exaplians very clearly how that was handled by CHC

If I remember correctly her partner had to travel from canada to the uk for a face to face intereview with chc


also be aware if the caution was for violence /assualt etc its going to delved into a bit more deeply than a caution for something like stealing a bar of choc or busting a window, littering etc

to Op act as soon as you can as it will be an issue for PR ( it is for a visit but we are not going to thiink about that right now)
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