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police cautions and holidays in canada

police cautions and holidays in canada

Old Apr 23rd 2009, 6:55 pm
  #31  
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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


In which case, why bother asking on a public forum?!?

And if that is what you want to do, then disregard all of the advice and opinions people have kindly taken time to give you in this thread, and only pay attention to PMM's post above. He is the only one with *facts* and knowledge/experience of immigration law.

And I totally agree with Chumley, CIC are the only people that you should really be paying attention to. Any immigration lawyer can make a guess as to how he interprets the law, but it seems they often have different opinions on cautions - it's your life at the end of the day, and only CIC can admit you or ban you from Canada.

Why not just apply for criminal rehab on an 'information only' basis and then you'll soon find out whether or not you are inadmissible to Canada? That seems to me the most sensible option, at least then you'd get an answer one way or the other.

Last edited by christmasoompa; Apr 23rd 2009 at 6:58 pm.
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Old Apr 23rd 2009, 6:56 pm
  #32  
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Default Re: police cautions and holidays in canada

Chumley and Mooredog im sure your posts are very factual and thank you for taking the time to reply as best as you can speaking by your own experience

But each case is different and ive noticed there can be exeptions from waiting the five year period looking at the cic website.


So my next question is.....Does anyone know what the eqivalent to a uk caution with no conviction,fines or penaltys,no comunety service etc would be in canadian law,or i will take guessing what the name is on this one

Thank you
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Old Apr 23rd 2009, 7:18 pm
  #33  
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
Chumley and Mooredog im sure your posts are very factual and thank you for taking the time to reply as best as you can speaking by your own experience

But each case is different and ive noticed there can be exeptions from waiting the five year period looking at the cic website.


So my next question is.....Does anyone know what the eqivalent to a uk caution with no conviction,fines or penaltys,no comunety service etc would be in canadian law,or i will take guessing what the name is on this one

Thank you
Short and sweet, there isn't one and I suppose that's from MY experience.

Take from it what you like.
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Old Apr 23rd 2009, 7:30 pm
  #34  
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Default Re: police cautions and holidays in canada

hmmm thats what i thought the answer would be

Taken from the cic website:

"People who are ineligible for approval of rehabilitation because not enough time has passed can complete the form and check “For Information Only.” An officer will decide if special permission for temporary admission is warranted"


Has anyone tried this? and how temporary is tempoary?i can only presume this is a refereal to holidays/vacations.
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Old Apr 24th 2009, 2:13 pm
  #35  
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Default Re: police cautions and holidays in canada

Originally Posted by ebsta
hmmm thats what i thought the answer would be

Taken from the cic website:

"People who are ineligible for approval of rehabilitation because not enough time has passed can complete the form and check “For Information Only.” An officer will decide if special permission for temporary admission is warranted"


Has anyone tried this? and how temporary is tempoary?i can only presume this is a refereal to holidays/vacations.
No one can or will give the answer you're looking for I'm afraid, and if they did you would in my experience still wonder what if?

The one and only person who will give you the defining answer is the officer who looks at your file.

I would say in my experience "Don't worry about it" But who am I to say?

Come over on holiday and enjoy it, who know's you might not even like it here.
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Old Apr 24th 2009, 2:26 pm
  #36  
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Default Re: police cautions and holidays in canada

Originally Posted by Mooredog
No one can or will give the answer you're looking for I'm afraid, and if they did you would in my experience still wonder what if?

The one and only person who will give you the defining answer is the officer who looks at your file.

I would say in my experience "Don't worry about it" But who am I to say?

Come over on holiday and enjoy it, who know's you might not even like it here.
Thanks for your honesty and encouragement ive decided to get a temporary residents visa,i think its the best way and i have plenty of time to get one as i can go to the embassy in london with the correct documents,and by a lot of reading/asking lawyers/police and surfing the net its still possible im not considered inadmissible anyway...i will let you know how i get on...Thanks.
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Old Apr 24th 2009, 3:58 pm
  #37  
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Default Re: police cautions and holidays in canada

Having worked as a civilian contractor within the Police system, although the Police will say it's not a conviction, a person given a caution would have still admitted the offence to have been offered the option of a caution.

Therefore, having admitted the offence, they accept their guilt. A caution then becomes a cheap way of sentencing without the CPS having to take you to court. A caution is still technically a conviction in the UK for crime stat purposes, as the crime has been solved and the offender suitably punished.

In CIC's decision-making, this means that you have admitted committing a crime, and admitting guilt. Semantics, I know, but the Police and Crown prosecution Service like people to believe that a caution is nothing more than a slap on the wrist. It isn't.
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Old Apr 26th 2009, 7:58 am
  #38  
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Default Re: police cautions and holidays in canada

Hi all

read this post with much interest.

Criminal Rehabilitation is more straight forward if you have actually been convicted of an offence - for cautions, the waters are much cloudier.

For all interested to know - a caution is not a conviction it is a formal admission of guilt to committing an offence. At some point in any immigration plans you will be asked whether you have ever committed an offence. If you say no and are later found to have a caution, depending on the severity and age of the offence you may have to apply for rehabilitation.

In our case, my OH had a caution for criminal damage less than 5 yrs old. We applied for Info only criminal rehab and were approved - note: we were told not to travel to Canada until Info Only rehab application had been made. See my thread http://britishexpats.com/forum/showthread.php?t=566215

In many cases and certainly in ours it is not clear whether a caution makes you inadmissible or not. Even if you think you know, you will come across another web site, another persons story, another forum with a different story. My advice to anyone would be to apply for info only criminal rehab to get that piece of paper from the people that matter and put your mind at rest. If you don't want to then don't - it's your life.

Good luck to all.

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