PR thought it was going great

Old Jan 12th 2010, 7:00 pm
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Default PR thought it was going great

Hi have been watching this great website fior a while,
So here is my scenario applied buffalo oct 2008,
received med request dec 2010 + additional info
wage slips, acpo s etc, received email today saying that we cannot
complete your application as you have a police cauition from
nov 2002, you need to submit an application for rehabilitation
within 60 days.

Shocked not sure what to do any advice appreciated.
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Old Jan 12th 2010, 7:01 pm
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Default Re: PR thought it was going great

Sorry forgot to mention acpo certificate came up no live
trace,
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Old Jan 12th 2010, 7:16 pm
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Default Re: PR thought it was going great

Originally Posted by ianbaird
Hi have been watching this great website fior a while,
So here is my scenario applied buffalo oct 2008,
received med request dec 2010 + additional info
wage slips, acpo s etc, received email today saying that we cannot
complete your application as you have a police cauition from
nov 2002, you need to submit an application for rehabilitation
within 60 days.

Shocked not sure what to do any advice appreciated.
If you did receive the police caution, then you will need to submit an application for rehabilitation...
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Old Jan 13th 2010, 4:01 pm
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Question Re: PR thought it was going great

hi ianbaird,

When you refer to ACPO certificate, do you mean a Police Certificate which you obtain from www.acpo.police.uk?

We're going through the process of collating our evidence & writing/typing up our application in neat, to submit as soon as the application part is done. Husband is going to be primary applic. as NOC 7215, carpenter supervisor/contractor, i'm secondary applic. as a Police Officer

My husband received a caution in Summer '03, before we met. I've looked into this on the www.askthe.police.uk website & this is what is says;

A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.

Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.

Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.


Therefore, I hadn't even considered the possibility of an application for rehabilitation for him. I didn't think his Police check would have his caution on it.

Are you saying your Police Certificate didn't have your caution on it? Did they find out another way?

Thanks, katie
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Old Jan 13th 2010, 4:35 pm
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Default Re: PR thought it was going great

Originally Posted by ianbaird
Hi have been watching this great website fior a while,
So here is my scenario applied buffalo oct 2008,
received med request dec 2010 + additional info
wage slips, acpo s etc, received email today saying that we cannot
complete your application as you have a police cauition from
nov 2002, you need to submit an application for rehabilitation
within 60 days.

Shocked not sure what to do any advice appreciated.
Hi ianbaird
Sorry to hear your news and hope you manage to sort things out
regards
Joinerboy
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Old Jan 13th 2010, 4:39 pm
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Default Re: PR thought it was going great

Originally Posted by ianbaird
Hi have been watching this great website fior a while,
So here is my scenario applied buffalo oct 2008,
received med request dec 2010 + additional info
wage slips, acpo s etc, received email today saying that we cannot
complete your application as you have a police cauition from
nov 2002, you need to submit an application for rehabilitation
within 60 days.


Shocked not sure what to do any advice appreciated.
forgot to ask did you disclose this police caution on your application forms you submitted to CHC ?
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Old Jan 13th 2010, 4:54 pm
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Default Re: PR thought it was going great

This has been covered lots of times in the forum - including by me! I wouldn't worry too much about getting the criminal rehab (unless you have done something really bad, in which case I don't think you would have been let off with just a caution). Just do what they say, fill in the form, pay the fee (sorry) and send it off. We got our rehab through in less than a month. Lots of the info they ask for you already have gathered (eg work history, address history, police cert).

Don't forget, they want to know about offences you have committed, whether convicted in court or not. Offences MAY make you inadmissible, even as a visitor. If you have had a caution, there is a record somewhere. No live trace means they have info on you, even though it is spent.

Having said all that, when we got our clearance it quoted the UK rehab. act so it seems they recognise that. Search the forum for more more info on rehab/deemed rehab - there are lots of us on here that have done this and got through it.
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Old Jan 13th 2010, 5:46 pm
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Question Re: PR thought it was going great

There is absolutely no problem in being open about Marc's caution, but would you tick YES or NO to Q9, at the top of the Schedule 1 Background/Declaration IMM 0008 Schedule 1 form;

"Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

I'm thinking not, as a caution over 6yrs old isn't a "conviction".....however I could be and am probably wrong!

I accept that we have to complete the Application for Criminal Rehabilitation form, 'For Information Only'

Thanks in advance
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Old Jan 13th 2010, 7:02 pm
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Default Re: PR thought it was going great

Originally Posted by misskatpaw
There is absolutely no problem in being open about Marc's caution, but would you tick YES or NO to Q9, at the top of the Schedule 1 Background/Declaration IMM 0008 Schedule 1 form;

"Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

I'm thinking not, as a caution over 6yrs old isn't a "conviction".....however I could be and am probably wrong!

I accept that we have to complete the Application for Criminal Rehabilitation form, 'For Information Only'

Thanks in advance
In my opinion you should answer yes, and explain fully the circumstances.
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Old Jan 13th 2010, 7:08 pm
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Default Re: PR thought it was going great

Well I would say "yes", bearing in mind they will probably find out about it anyway and they have confirmed to me that they want to know about convictions, cautions, offences, arrests. We declared the lot on the rehab form! Why risk saying "no" and possibly making a misrepresentation if you are applying for rehab anyway?
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Old Jan 13th 2010, 7:10 pm
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Default Re: PR thought it was going great

Hi

I think you need to tick yes. Correct me if I'm wrong, but in order to receive a caution you must have been arrested and have to admit to the crime in question. Therefore, where the question asks whether anyone has been arrested, convicted etc, the answer will be yes. However, I'm sure that with a brief explanation of the incident etc you will be fine.

Goodluck

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Old Jan 13th 2010, 7:15 pm
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Default Re: PR thought it was going great

Thanks everyone for your replies It really does help when other people phrase things in a certain way or break it down in a way that your brain didn't cover in the first place! Will def tick yes, then get on with looking into what this Application for Criminal Rehabilitation is all about and how much it costs, eek
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Old Jan 13th 2010, 7:17 pm
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Default Re: PR thought it was going great

...by the way I'm sorry ianbaird if my further question hijacked your first question . It may have helped?
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Old Jan 15th 2010, 11:51 am
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Default Re: PR thought it was going great

Yes you have to tick yes have you ever been arrested or commited an offense which wec ticked yes and explained, apparently we have found out that although it was not on our acpo, it was picked up from our work permit application from the pnc certificates as it has all changed now, a visa officer has told me it will take approx a week to complete the applic as it was not serious it is more of a proof of character, we have to get character references. so hopefully not as stresssful as we first thought.
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Old Jan 16th 2010, 8:14 pm
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Default Re: PR thought it was going great

If I'm submitting an application for rehabilitation, for Marc's caution in summer 2003, what order do I do things in?
Do I have to send this form off and wait to get something back before I send off our PR application under the FSW programme? Am I right in thinking it's going to cost $200CAD?
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