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Police Reprimand When I was 16 - Can anyone help ?

Police Reprimand When I was 16 - Can anyone help ?

Old Feb 4th 2011, 10:46 am
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Default Police Reprimand When I was 16 - Can anyone help ?

Hi all,

I am applying for the IEC and I have received my police certificate and there is a reprimand on there for Destroy or Damage Property (value of damage $5000 or less) 22/07/2007 - I was never convicted for anything and I was 16 at the time I am now 19 and have had no trouble since, as it is a reprimand, do you think that it will effect me when applying? should I tick yes or no on my visa application but mention it, please help having lots of worries about this.\

If anyone has been in this same situation, could you let me know how it went for you.

Thanks and appreciate it,
Jake.
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Old Feb 4th 2011, 11:27 am
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Just posted this on your other thread........http://www.cic.gc.ca/english/visit/conviction.asp

You mention a Canadian girlfriend, so does that mean you've entered Canada as a visitor previously? If so, what was the answer when you looked to see if you were criminally inadmissible for any previous visits?
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Old Feb 4th 2011, 12:05 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

hang on, I seem to remember that stuff on your criminal record if you were younger than 18 yrs old doesnt count for immigration stuff. search the previous threads. I dont have any experience with this but it has come up on the forums before
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Old Feb 4th 2011, 12:10 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by chanceUK
hang on, I seem to remember that stuff on your criminal record if you were younger than 18 yrs old doesnt count for immigration stuff. search the previous threads. I dont have any experience with this but it has come up on the forums before
http://www.cic.gc.ca/English/pdf/kits/guides/5312E.PDF


Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if:
• you were convicted in Canada under the Young Offenders Act or the Youth Criminal
Justice Act, unless you received an adult sentence,
• you were treated as a young offender in a country which has special provisions for young
offenders, or
• you were convicted in a country which does not have special provisions for young
offenders but the circumstances of your conviction are such that you would not have
received an adult sentence in Canada.

You are inadmissible if:
• you were convicted in adult court in a country that has special provisions for young
offenders.
• you were convicted in a country which does not have special provisions for young
offenders but the circumstances of your conviction are such that you would have been
treated as an adult in Canada

search the previous threads but i think you will be fine. You must be completely honest on your forms though, declare what ever is on your police record in detail, age of reprimand etc

Last edited by chanceUK; Feb 4th 2011 at 12:12 pm.
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Old Feb 4th 2011, 12:10 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by christmasoompa
Just posted this on your other thread........http://www.cic.gc.ca/english/visit/conviction.asp

You mention a Canadian girlfriend, so does that mean you've entered Canada as a visitor previously? If so, what was the answer when you looked to see if you were criminally inadmissible for any previous visits?

Yes I did, but I did not even realise that this was on my police check, at the time the police woman that spoke to me said this was not going down on record and I was never asked about criminal offenses when I entered canada.
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Old Feb 4th 2011, 12:17 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by chanceUK
http://www.cic.gc.ca/English/pdf/kits/guides/5312E.PDF


Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if:
• you were convicted in Canada under the Young Offenders Act or the Youth Criminal
Justice Act, unless you received an adult sentence,
• you were treated as a young offender in a country which has special provisions for young
offenders, or
• you were convicted in a country which does not have special provisions for young
offenders but the circumstances of your conviction are such that you would not have
received an adult sentence in Canada.

You are inadmissible if:
• you were convicted in adult court in a country that has special provisions for young
offenders.
• you were convicted in a country which does not have special provisions for young
offenders but the circumstances of your conviction are such that you would have been
treated as an adult in Canada

search the previous threads but i think you will be fine. You must be completely honest on your forms though, declare what ever is on your police record in detail, age of reprimand etc
Hi I am writing this on my visa application

"I received a reprimand when I was 16 years of age, for smashing a window. This was not a criminal conviction and I have never had any dealings with the police since that event. On the CIC website it states that I am not inadmissable if "you were treated as a young offender in a country which has special provisions for young offenders," But I was not even treated as a young offender, I just received a verbal reprimand for doing something immature and reckless, I say again I have had no trouble with the police since then and intend to keep it that way. I hope this does not affect my visa application as I was a minor at the time."

Do you think I will be ok with writing that ? let me know

Thanks Jake
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Old Feb 4th 2011, 7:41 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by jakebhatt
Hi I am writing this on my visa application

"I received a reprimand when I was 16 years of age, for smashing a window. This was not a criminal conviction and I have never had any dealings with the police since that event. On the CIC website it states that I am not inadmissable if "you were treated as a young offender in a country which has special provisions for young offenders," But I was not even treated as a young offender, I just received a verbal reprimand for doing something immature and reckless, I say again I have had no trouble with the police since then and intend to keep it that way. I hope this does not affect my visa application as I was a minor at the time."

Do you think I will be ok with writing that ? let me know

Thanks Jake
Hi Jake,

yes you were treated as a young offender, as you state in your other post this incident has shown up on your police report as a "reprimand" only people being treated as young offenders receive this, it replaced the previously used "juvenile caution" method of dealing with young people when they first have dealings with the police.

As you were below 18 years of age at the time of the incident I believe you fall in line with the above CIC guide lines on juvenile convictions (I know this is not a conviction) so according to these guide lines you do appear to be admissible and should be okay.

My son is in a similar position and we have been told he will be ok due to the above CIC guidelines.
I cant give you our outcome as our application is still in progress.

Hope this puts you at ease.

Bob.
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Old Jan 4th 2012, 8:00 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Hi guys....

First Post.

I too am in the process of applying for IEC. I too am in the same predicament.

I received a reprimand at the age of 15/16 (not 100% sure). The offence was theft. Stealing change from a school bus. Very stupid (of me). Never the less, I did it and regret it and have never had dealings with the police since. I am now 19 (almost 20). I was never taken to the station, but did have an officer come round and talk to me and issue me with, what I believe was a reprimand. Pretty sure I signed a few things, but I am not entirely certain.

I don't have any paperwork and my parents are also vague with the details. I was told it would not affect me after the age of 18 and that it would be wiped clean.

At first I answered no to the: Have you had any criminal conviction...blah?
But when I remembered about the reprimand, I wasn't sure if it would show up now.

I'm going to await my results of the CRB/ACPO Certificate, if it appears on the certificate when I get it back, I will re-do my application, with the details of the offence with a similar description to Jake's above.

I am panicking about it a bit.

Bob you have put mind at ease about it affecting the application. You both seem to be a little ahead the application process, so please keep me informed in due course, as I am eager to hear the outcome.

I will also let everyone know the outcome of mine. I wish you all good luck!
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Old Jan 4th 2012, 8:04 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Just realised this thread was from last year. Can anyone enlighten me on the outcomes ? Or has anyone else had similar dealings?

Thanks kieron
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Old Jan 5th 2012, 6:06 am
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

I can say for 100% that a police caution does not affect admisibility into Canada.
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Old Jan 5th 2012, 3:14 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by yzf.shaun
I can say for 100% that a police caution does not affect admisibility into Canada.
But interestingly, other forum members can say for 100% that it does affect admissibility into Canada after being required to do go through criminal rehab for a caution! It all depends on what it was for, how long ago it was, what the immigration officer had for breakfast that day and when he last argued with his wife, etc, etc.

Some people are told they don't need rehab, others have been required to obtain it.
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Old Jan 5th 2012, 3:41 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by christmasoompa
But interestingly, other forum members can say for 100% that it does affect admissibility into Canada after being required to do go through criminal rehab for a caution! It all depends on what it was for, how long ago it was, what the immigration officer had for breakfast that day and when he last argued with his wife, etc, etc.

Some people are told they don't need rehab, others have been required to obtain it.
No it does not. I'm not saying you dont need to submit paperwork and would recomend the you submit a rehab request for info only. They understand that a caution is spent when issued and if you are a UK resident with crimes comitted in the UK then your case is treated on the rehabilitation of offenders act 1974 and not on the rules as prescribed by the IRPA.

Read another way. UK Criminality cases are NOT based on the IRPA.

So a caution spent immediately you can enter Canada the day after you get it. But if you answer honestly then you will probably get a problem at the border but submit a rehab for info and you will be deemed rehab.

It all depends on what the immigration officer had for breakfast that day and when he last argued with his wife, etc, etc.
Although that bit could always prove to be a problem
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Old Jan 5th 2012, 3:56 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by yzf.shaun
No it does not. I'm not saying you dont need to submit paperwork and would recomend the you submit a rehab request for info only. They understand that a caution is spent when issued and if you are a UK resident with crimes comitted in the UK then your case is treated on the rehabilitation of offenders act 1974 and not on the rules as prescribed by the IRPA.

Read another way. UK Criminality cases are NOT based on the IRPA.

So a caution spent immediately you can enter Canada the day after you get it. But if you answer honestly then you will probably get a problem at the border but submit a rehab for info and you will be deemed rehab.
Again, not necessarily - other forum members and others I know of have had to get rehab in the past, it does seem to be very much down to the individual immigration officer and their interpretation of the rules. It's something that's been much discussed on here in the past, and the most definitive answer we've had so far came from PMM (of course, the pro!) in this thread....................http://britishexpats.com/forum/showt...ghlight=burgon

Post no. 27 is the relevant one.

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Old Jan 5th 2012, 4:31 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by christmasoompa
Again, not necessarily - other forum members and others I know of have had to get rehab in the past, it does seem to be very much down to the individual immigration officer and their interpretation of the rules. It's something that's been much discussed on here in the past, and the most definitive answer we've had so far came from PMM (of course, the pro!) in this thread....................http://britishexpats.com/forum/showt...ghlight=burgon

Post no. 27 is the relevant one.

I read it all compiled my info only on my interpretation of the rules after reading all the CIC documentation and being told by various others my thoughts were wrong. A comprehensive rehab for info only provided fruitful results.

My cover letter quoted there documents sections paragraphs and court cases so even if the visa officer didn't know how to interpret the rules everything I had was backed up by there own documents.

The letter from the High Commission clearly states that UK Cautions don't count on the IRPA.

Anyway if people want to know what info I sent and my cover letter then i'm happy to help.
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Old Jan 5th 2012, 4:42 pm
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Default Re: Police Reprimand When I was 16 - Can anyone help ?

Originally Posted by yzf.shaun
I read it all compiled my info only on my interpretation of the rules after reading all the CIC documentation and being told by various others my thoughts were wrong.
I think that's the problem, there is room for interpretation of the rules.

Originally Posted by yzf.shaun
The letter from the High Commission clearly states that UK Cautions don't count on the IRPA.
Others have had that letter too and it's been posted on the forum before, but then others have been told they must have criminal rehab to enter Canada. Shame CIC can't be consistent!

If I were the OP, I'd definitely tick yes on the application and then keep fingers crossed he gets somebody that interprets things his way that reviews his application.
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