Alabama

Hi there,

After spending what seems like hours reading all the Canadian Immigration threads on BE I was somewhat disheartened and put off also joining the race over the atlantic....then I stumbled across (or rather remembered) something that I realise may be the biggest factor to not get granted into Canada (we are just about to start the arduous process of applying via the Skilled Worker PR route)..

Yes, you've guessed it, my then rather silly husband was convicted for possession and supply of of Class B drug in 1996 whilst at university:curse:. He received a community sentence of 200 hours.

The positive side is that he has 80+ points on the self assessment, is highly educated ( i know) and has a very good IT job in the UK.

I have tried to search the threads here to find out what to do next/is it still worth applying - but to no avail. I am about to pay nearly £700 to submit our 'simplified' application and fear this is a complete waste of time.

I would really love some advice.

Thanks in anticipation x

Andrew Miller

He may be eligible for Criminal Rehabilitation or maybe even deemed rehabilitated already. You should seek professional help with all cases involving possible criminal inadmissibility.

On the other hand 80 points means nothing (1) if your husband's occupation won't make to the list of occupations in high demand to be published within next few months and/or (2) if he doesn't have arranged employment in Canada. In such case you'll waste time and hopes.

Alabama

thanks for this Andrew.

Two questions before i leave this thread:

1) Regarding the conviction - what type of professional help would you use? One of the many agencies? Sorry if being dumb here.

2) Where can we look out for the list of occupations being published?

We cannot leave the UK for another 3 years due to other commitments and my husband works for a global firm with a base in Vancouver and one in Toronto so maybe if the conviction bit can be sorted even if his occupation doesn't appear on the list he may be able to get a transfer nearer the time?

Thanks again

Alabama

Andrew Miller

1. Only Canada based Authorized Representative - a CSIC member, Law Society member or Quebec Notary. Don't use any "agencies" based outside Canada.

2. It will be published on CIC website - www.cic.gc.ca

If occupation won't be on high demand list then applying without arranged employment is simply pointless - application will be returned without processing.

Intra-company transfer may be a quite good option, providing all qualifying for it criteria are met.

Alabama

Thanks Andrew, will take your advice on board.
Alabama

Andrew Miller

I need to add some clarification to my answer #1 in previous post.

Of course any based outside Canada CSIC or law society in Canada member or Quebec notary may legally represent you in criminal rehabilitation process. But the reason I suggested Canada based representative is that in most Criminal Rehabilitation cases a solid preparation of application requires access to legal resources representative abroad may not always have.

More - in many Criminal Rehabilitation cases that are quite complex I myself suggest to my own potential clients to retain a criminal lawyer in Canada as I simply don't have the resources to do full search of case law and other sources that is needed to properly represent client in the CR application.

This clarification is posted due to the complaint received from one of CSIC members based outside Canada who I respect but who accused me of "deliberate misrepresentation" and stated that any CSIC member outside Canada may legally represent client in CR application process - I don't disagree that CSIC members outside Canada may represent clients in CR process, I only state that some of them simply may not be able to provide the expertise and quality of representation needed in more complex Criminal Rehabilitation process (that a criminal lawyer in Canada can provide) and shouldn't take such cases. I'm not a criminal lawyer and always recuse myself from CR cases that are beyond my expertise and/or capacity of my resources.

I want also to remind CSIC members that may not be happy with my statements here - CSIC rules clearly require any CSIC member not to accept the case or cases she or he has no experience and/or expertise to deal with to the best interest of clients.

chumley

under no cirustances should you give up your dream!!

all things can be sorted it just takes time and patience

I strongly suggest you apply for crimianl rehab to CHC London now and then carry on with your plans


as far as the application goes if you have common sense and can fill forms in which clearly will not be a problem for an educated person like you and yours then its no problem to do it yourself

forms can be downloaded from the CIC site

you need to get police checks and a copy of the court record, 3 letters of support from folk of good standing, and wirite a good strong missive explaining the full cirumstances and why you have reformed and behaved impecably ever since, proof of any fines paid or community service completed is also needed.
you need to equate the crimes to canadian law and the statutes are freely available online
for good measure also include a letter from a UK criminal solicitor to confirm the crime is spent under UK law

and bobs your uncle but the wait for processing can be very short or very long anything from a week to around 6 to 8 months and up to a year for seriuos stuff

you have my sympathy and support as I am also going through this with my errant husband

dont waste your cash on a consultant all you need is on the net and plenty of time to write your life story for the benefit of CHC
if you are capable of being educated enough for mmigrating you are capable of form filling etc

I know of 10 plus brits who have got their rehab none have paid anybody all have done it themselves

good luck
pm me if I can help further

chumley

just wish to add i agree with andrew about a rep if you are perhaps not a Brit or have a serious past eg murder violence dishonesty etc or are incapable of forms completion and doing net searches etc