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police cautions and holidays in canada

police cautions and holidays in canada

Old Apr 22nd 2009, 8:28 am
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Default Re: police cautions and holidays in canada

When I was about 10 I got a caution from the police, or at least thats what they said it was and assured me it would all be wiped off the database after five years. Now I'm 25 and I'm less than two weeks away from going to New Brunswick and I had all the worries that this silly little caution would stop everything, but my Subject Access Request came back totally clear and my ACPO cert states 'No Trace' indicating no record of anything at all. I'm presuming that when I apply for PNP/PR after six months on my TWP that if the Canadians check my criminal record they will come to the same conclusion as my certificates? I ask because CRB checks are mentioned here and I obviously dont have one of those, but surely they must be clear if my Subject Access request is?
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Old Apr 22nd 2009, 8:31 am
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Default Re: police cautions and holidays in canada

Originally Posted by coritani
When I was about 10 I got a caution from the police, or at least thats what they said it was and assured me it would all be wiped off the database after five years. Now I'm 25 and I'm less than two weeks away from going to New Brunswick and I had all the worries that this silly little caution would stop everything, but my Subject Access Request came back totally clear and my ACPO cert states 'No Trace' indicating no record of anything at all. I'm presuming that when I apply for PNP/PR after six months on my TWP that if the Canadians check my criminal record they will come to the same conclusion as my certificates? I ask because CRB checks are mentioned here and I obviously dont have one of those, but surely they must be clear if my Subject Access request is?

as your jobby was when you were a child its a different ball game altogether and you dont need to worry at all
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Old Apr 22nd 2009, 8:33 am
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Default Re: police cautions and holidays in canada

Some great info. here, especially for when you get to the point of the boyfriend wanting to move here. In the meantime, he's only coming here for a 2 week vacation, so just enjoy, and take the time after that to sort things out.
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Old Apr 22nd 2009, 9:07 am
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Default Re: police cautions and holidays in canada

For the last 3 days all i have done is read posts,looked at web sites,tried phoning embassys,spoke to lawyers,spoke to police officers and worried my self sick....its just a holiday and a silly caution :S like chumley said its down to each imigration officer to decide..im a good person,im a director of a limited company,i have one silly thing on my record that 80% of people say is not a conviction....if i get stopped at imigration im sure i will know more than them on the subject..and im going to take as much supporting evidence with me......after all this im going to be really p***ed off if i dont get stopped

Thanks to everyone who wrote in,i will let you know any out come...and the next things the imigration bit so i will then need you all back for that

Last edited by ebsta; Apr 22nd 2009 at 9:27 am.
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Old Apr 22nd 2009, 10:33 am
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
For the last 3 days all i have done is read posts,looked at web sites,tried phoning embassys,spoke to lawyers,spoke to police officers and worried my self sick....its just a holiday and a silly caution :S like chumley said its down to each imigration officer to decide..im a good person,im a director of a limited company,i have one silly thing on my record that 80% of people say is not a conviction....if i get stopped at imigration im sure i will know more than them on the subject..and im going to take as much supporting evidence with me......after all this im going to be really p***ed off if i dont get stopped

Thanks to everyone who wrote in,i will let you know any out come...and the next things the imigration bit so i will then need you all back for that

keep your hair on chuck nobody is judging you well im certainly not

fisrt of all do not go armed with loads of supporting evidence !! if you get searched ( unlikely but who knows ) you will drop yourself right in it!

you say 80% of folk tell you a caution isnt a conviction well of course it isnt nobody is disputing that
the point is canada wants to know about ALL cautions or convictions and arrests EVER not just recent but EVER

once again it makes no odds what evidence you have from uk police officers its canada's law and canada's call

BUT you are going on a 2 week holly at this point if you are not a dodgy geezer and you are from the UK look neat tidy and not like a backpacking dope head you should be fine

the landing card does not ask these dodgy questions you are 99% certain not to be questioned at all

and yes most folk are decent and 99.9% of all of us have done something stupid and perhaps broken the law just most dont get caught you are not alone

my husband did something stupid and it cost me a year of sleepless nights it was a one off the way it is for most! he has served in Iraq and numerous other scary places, he is a volunteer firefighter in Canada he has done tons and tons of volunteer and community work in canada and other places so yes he is a good old boy really

so take note when it comes to doing full rehab be sure to mention all the good stuff you have done for society it really matters and you will need supporting evidence from upstanding folk in the form of letters etc to prove it so start laying the groundwork now

so enjoy your 2 weeks in canada then come back and do the right thing for yourself and get cracking on a fabby rehab application right away!!

good luck
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Old Apr 22nd 2009, 1:43 pm
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
For the last 3 days all i have done is read posts,looked at web sites,tried phoning embassys,spoke to lawyers,spoke to police officers and worried my self sick....its just a holiday and a silly caution :S like chumley said its down to each imigration officer to decide..im a good person,im a director of a limited company,i have one silly thing on my record that 80% of people say is not a conviction....if i get stopped at imigration im sure i will know more than them on the subject..and im going to take as much supporting evidence with me......after all this im going to be really p***ed off if i dont get stopped

Thanks to everyone who wrote in,i will let you know any out come...and the next things the imigration bit so i will then need you all back for that
Just a follow up from this morning, my last conviction was 18yrs ago and that was the last of 13 of them, the best I can say was that I was a stupid teenager experimenting with alcohol and new everything! None of the convictions were for violence or drugs or even mass murder! But my point is this, when I got my Scotland Yard checks through there was only 3 mentioned, when I got my ACRO check in there was only 1 mentioned, it was only because I was honest and told CIC that I had a few convictions prior to the checks that I had to delve further, my local Constabulary provided me with all the info, anyway what I'm trying to say is that your caution may not be there for all to see so if your that worried about coming over on holiday you may want to apply for a police chek just to put your mind at rest, and I know that a caution is still class as an admition of guilt the Immigration officers look very closely at you punishment for a guide to the severity of the offence, don't worry their not all little Hitlers out to get you, so enjoy your holiday and try to relax.

And NO Chritmas I'm not living illegally and I never had to apply for rehab for BC, but the fact that I haven't been in trouble for 18yrs stood me in good stead.
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Old Apr 22nd 2009, 2:07 pm
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Default Re: police cautions and holidays in canada

Originally Posted by Mooredog
Just a follow up from this morning, my last conviction was 18yrs ago and that was the last of 13 of them, the best I can say was that I was a stupid teenager experimenting with alcohol and new everything! None of the convictions were for violence or drugs or even mass murder! But my point is this, when I got my Scotland Yard checks through there was only 3 mentioned, when I got my ACRO check in there was only 1 mentioned, it was only because I was honest and told CIC that I had a few convictions prior to the checks that I had to delve further, my local Constabulary provided me with all the info, anyway what I'm trying to say is that your caution may not be there for all to see so if your that worried about coming over on holiday you may want to apply for a police chek just to put your mind at rest, and I know that a caution is still class as an admition of guilt the Immigration officers look very closely at you punishment for a guide to the severity of the offence, don't worry their not all little Hitlers out to get you, so enjoy your holiday and try to relax.

And NO Chritmas I'm not living illegally and I never had to apply for rehab for BC, but the fact that I haven't been in trouble for 18yrs stood me in good stead.
and I know that a caution is still class as an admition of guilt the Immigration officers look very closely at you punishment for a guide to the severity of the offence


Thats the thing,and thats what it says all the way through the canadian imigration web site,but it is FACT that its NOT a conviction and FACT there was no punishment,fine or going to court..so ive done my worrying

In basic terms,if a canadian police officer told you not to push someone or he would arrest you thats not a conviction right?or can the police now convict people?he would just say if it happens again he will arest you and you will go to court and he would try to get a conviction...he knows you are guilty,you admitted it,hes giving you another chance,and keeping a mental note that if it happens again you will going to court...he cant convict you...hes not a judge!

English police keep records of there tellings off and call them cautions

Last edited by ebsta; Apr 22nd 2009 at 2:13 pm.
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Old Apr 22nd 2009, 6:47 pm
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Default Re: police cautions and holidays in canada

I think you need to pay close attention to what Chumley is telling you - she's our resident expert on criminal rehab! As she says, Canada wants to know about all cautions/convictions/arrests - it doesn't differentiate between a caution and conviction (presumably because they don't have cautions there).

I guess it's up to you if you want to take the risk of trying to enter when you know you shouldn't (CIC's policies are clearly laid out on their website and do state very clearly that if you have a recent criminal record you are inadmissible to Canada even for a holiday). PMM also clarified their position for us - and he is one of our top immigration experts!

It's unlikely they'll stop you, but they might - and then what? You face being turned around and having massive problems emigrating to Canada in the future because you've once been refused entry. If your long term goal is to emigrate there, then that seems quite a risk to me.
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Old Apr 23rd 2009, 2:30 am
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Talking Re: police cautions and holidays in canada

Originally Posted by christmasoompa
I think you need to pay close attention to what Chumley is telling you - she's our resident expert on criminal rehab! As she says, Canada wants to know about all cautions/convictions/arrests - it doesn't differentiate between a caution and conviction (presumably because they don't have cautions there).

I guess it's up to you if you want to take the risk of trying to enter when you know you shouldn't (CIC's policies are clearly laid out on their website and do state very clearly that if you have a recent criminal record you are inadmissible to Canada even for a holiday). PMM also clarified their position for us - and he is one of our top immigration experts!

It's unlikely they'll stop you, but they might - and then what? You face being turned around and having massive problems emigrating to Canada in the future because you've once been refused entry. If your long term goal is to emigrate there, then that seems quite a risk to me.
Ok so to sum up,i guess its like this.......

The canadian law says they dont want anyone with any kind of criminal activity travelling there without priar arangement.(although there wording could be a little easyer to understand)

But i guess imigration are not looking for genuine holiday makers and people that are planing to return when they should

there must be thousands with a record that land there every week!

anyway,i will try to stop worrying and enjoy my stay thanks for all your advise.

the next thing when i get back will be this rehab and it looks like chumley's the best one to ask about that whats the first step with that bit?
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Old Apr 23rd 2009, 2:54 am
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
But i guess imigration are not looking for genuine holiday makers and people that are planing to return when they should

there must be thousands with a record that land there every week!
It does apply to holiday makers too - they are also inadmissible with a recent criminal record, it doesn't just apply to people who are emigrating. There may be thousands with a record who land there (although I doubt that from the number of enquiries we see on here from people who have to go through rehab before even a long weekend there!), but they are technically inadmissible and so breaking the immigration laws of the country they are visiting.

Originally Posted by ebsta
the next thing when i get back will be this rehab and it looks like chumley's the best one to ask about that whats the first step with that bit?
You will need to wait until at least 5 years have passed from the date of the caution, and can then apply via the documents in the link I gave you earlier in the thread.

Good luck.
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Old Apr 23rd 2009, 4:42 am
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Default Re: police cautions and holidays in canada

I am getting more and more confused as this goes on. How can there be so much contradictory information?

I just spoke to a Canadian immigration lawyer. He said that the police caution would NOT be considered a conviction. He also said that the immigration officers are mainly looking for serious offenders. Since he (ebsta) didn't serve any time, pay any fines, or serve any community service, probation etc etc etc, it wouldn't be considered as a serious offense. It would only be viewed as a caution, just as it is.

He also suggested that he bring a letter from a solicitor stating all that (^), so if he is questioned, the letter could help out. If questioned further, he can ask for a Temporary Resident Visa, which would cost around $200. A holiday shouldn't be a problem for him, and neither should immigrating, since his caution wouldn't make him inadmissable to Canada.

Why is he saying everything opposite to most of the things we are reading here?
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Old Apr 23rd 2009, 5:06 am
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Default Re: police cautions and holidays in canada

Originally Posted by krittykrats
Why is he saying everything opposite to most of the things we are reading here?
I'm guessing it's because a caution isn't something they have under Canadian law, so it's not as defined as it should be really.

I'm hoping that one or two of our other resident experts will chime in and let us know their thoughts. PMM is the only person that has responded to this thread who has official knowledge of the matter and who is a regular expert on this forum.

Have you said what the caution was actually for? You may have done and I missed it, but if not then that might be helpful for anybody else that can give advice.

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Old Apr 23rd 2009, 6:07 am
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Default Re: police cautions and holidays in canada

Now i am going to have a guess theres a few people that maybe speaking out about things that they are guessing about as its something they have read maybe on this forum?who knows,but maybe people should just write in about facts?that way no one will make changes to there plans that didnt need to be changed if they hadnt acted on false infomation??

who knows?but a canadian imigration lawyer is where i would be putting my money..



And to answer your question christmasoompa,the afence was common asault


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Old Apr 23rd 2009, 6:53 am
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
Now i am going to have a guess theres a few people that maybe speaking out about things that they are guessing about as its something they have read maybe on this forum?who knows,but maybe people should just write in about facts?that way no one will make changes to there plans that didnt need to be changed if they hadnt acted on false infomation??

who knows?but a canadian imigration lawyer is where i would be putting my money..



And to answer your question christmasoompa,the afence was common asault



I am speaking about facts and our own recent experience you will find I do that
I am a believer in only speaking on topics where I have been there done that got the t shirt

dont see the pint in posting duff info or anything where I have a doubt although plenty of folk do


at the end of the day this is simply a net forum and nobody should ever make life changing decsions based on a fourm ( have to say its a great forum thoiugh but you need to be cautious as there is a lot of duff ill informed info on here)

I dont doubt the advice of some on here but we none of us know if folk are who they claim to be.... just read the andrew miller thread for proof of that

In my experience on the rocky road to PR the most factually incorrect info I have had over the past year has been from

a licencensed immigration expert ( well since lost his licence)

an immigration lawyer in canada

and this is a good one from an immigration officer

the lawyer and the immigration officer are not on here I talked to them both directly
you may choose to take my advice or not
they all gave me incorrect info I had to delve into the law myself and I was proved correct!

so there you go

the only 110% correct info you will get is direct from cic
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Old Apr 23rd 2009, 7:49 am
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Default Re: police cautions and holidays in canada

Originally Posted by chumley
I am speaking about facts and our own recent experience you will find I do that
I am a believer in only speaking on topics where I have been there done that got the t shirt

dont see the pint in posting duff info or anything where I have a doubt although plenty of folk do


at the end of the day this is simply a net forum and nobody should ever make life changing decsions based on a fourm ( have to say its a great forum thoiugh but you need to be cautious as there is a lot of duff ill informed info on here)

I dont doubt the advice of some on here but we none of us know if folk are who they claim to be.... just read the andrew miller thread for proof of that

In my experience on the rocky road to PR the most factually incorrect info I have had over the past year has been from

a licencensed immigration expert ( well since lost his licence)

an immigration lawyer in canada

and this is a good one from an immigration officer

the lawyer and the immigration officer are not on here I talked to them both directly
you may choose to take my advice or not
they all gave me incorrect info I had to delve into the law myself and I was proved correct!

so there you go

the only 110% correct info you will get is direct from cic
I do agree with you Chumley as I was only refering to my own experience and there is a bit of a time differance from my last conviction(13yrs) to the OP, but what I will say is that I got grilled when I landed about each and every one of the 13 as I still never had my work permit issued yet, firstly by an officer then by his boss as he was new to the job, obviously I got in ok but they did pay a lot of attention to the punishment and made a comparison to Canadian $ for fines, when they looked at a caution I had they skimmed passed it as they appreciated it was obviously too minor to go to court.

AS I said this was my experience and to be honest my rear end was making chocolate buttons whilst getting grilled.
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