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reckless driving misdemeanor and marrying Canadian

reckless driving misdemeanor and marrying Canadian

Old Dec 5th 2008, 5:18 am
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Default reckless driving misdemeanor and marrying Canadian

Considering relocating to Canada. I know reckless driving is a big deal in Canada. I see it on their website that they dont let in US citizens with reckless driving conviction.

Is it possible to immigrate to Canada either as a skilled worker or based on marriage to a Canadian?

Anyone with similar experience?
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Old Dec 5th 2008, 5:33 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by expatexpat
Considering relocating to Canada. I know reckless driving is a big deal in Canada. I see it on their website that they dont let in US citizens with reckless driving conviction.

Is it possible to immigrate to Canada either as a skilled worker or based on marriage to a Canadian?

Anyone with similar experience?
Which route are you planning on going down (i.e. skilled worker or spousal visa) as that may make a difference?
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Old Dec 5th 2008, 5:38 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Thanks christmasoompa.

I prefer to go as skilled worker. I was Canadian PR up until July 2008. Didnt live there. I am seeing someone from Canada, which may lead to marriage soon. Spousal visa would be my last option.

Originally Posted by christmasoompa
Which route are you planning on going down (i.e. skilled worker or spousal visa) as that may make a difference?
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Old Dec 5th 2008, 5:43 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by expatexpat
Considering relocating to Canada. I know reckless driving is a big deal in Canada. I see it on their website that they dont let in US citizens with reckless driving conviction.

Is it possible to immigrate to Canada either as a skilled worker or based on marriage to a Canadian?

Anyone with similar experience?
I believe Reckless Driving is classed as an indictable offense in Canada which means you would be inadmissible on grounds of criminalty unless you are rehabilitated (see below). For the purpose of immigration it doesnt matter what route/stream youy apply for, criminal inadmissibility is the same for all of them.

You need to find out how the offense would be punishable in Canada. Generally if you have only the one offence and it is punishable by less than 10 years imprisonment in Canada and the completion of your imposed sentance was over 10 years ago you are deamed rehabilitated.

The rules around criminal inadmissibility are complex and the above is only a general guide.
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Old Dec 5th 2008, 5:44 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by expatexpat
Thanks christmasoompa.

I prefer to go as skilled worker. I was Canadian PR up until July 2008. Didnt live there. I am seeing someone from Canada, which may lead to marriage soon. Spousal visa would be my last option.
OK, in which case the first question would be are you sure you qualify for SW as the system has changed massively since you last applied? You now either need a job offer or to be working in a job on this list -http://britishexpats.com/wiki/THE_LIST-Canada - otherwise you don't qualify.

So I'd check that out first if you haven't already. And then if you do qualify, read this article about applying for criminal rehabiliation, which I believe you would have to do. http://britishexpats.com/wiki/Crimin...itation-Canada

Good luck.
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Old Dec 5th 2008, 6:12 am
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Default Re: reckless driving misdemeanor and marrying Canadian

christmasoompa, thank you for quick and precise answer.
I am a consultant in computers by profession. Just took the assessment test and looked up the occupation list, seems like I qualify.

Rehabilitation process sounds complicated. I may need a lawyer there.

Do you know if rehabilitation is waived if I go spousal visa route?

Thanks again.

Originally Posted by christmasoompa
OK, in which case the first question would be are you sure you qualify for SW as the system has changed massively since you last applied? You now either need a job offer or to be working in a job on this list -http://britishexpats.com/wiki/THE_LIST-Canada - otherwise you don't qualify.

So I'd check that out first if you haven't already. And then if you do qualify, read this article about applying for criminal rehabiliation, which I believe you would have to do. http://britishexpats.com/wiki/Crimin...itation-Canada

Good luck.
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Old Dec 5th 2008, 7:20 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by expatexpat
...Rehabilitation process sounds complicated. I may need a lawyer there.

Do you know if rehabilitation is waived if I go spousal visa route?
I can tell you that it isnt waived for spousal sponsorship - its the same for any route.

Do you actually have a Canadian spouse?

How long ago was the offence?
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Old Dec 5th 2008, 8:10 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Hi

Originally Posted by NSpaul
I can tell you that it isnt waived for spousal sponsorship - its the same for any route.

Do you actually have a Canadian spouse?

How long ago was the offence?
1. Reckless driving is not a listed criminal offence in Canada, but it may equate to Section 249(1)a dangerous driving which carries a maximum sentence of 5 years. The op could be "deemed" rehabilitated

"A36(2)(b): An applicant convicted outside Canada (of an offence that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years) may be deemed rehabilitated if 10 years have elapsed since the completion of the sentence imposed and they have not been convicted of a subsequent
offence other than an offence designated as a contravention under the Contraventions Act or ....."

You may wish to read the procedures: http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF
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Old Dec 5th 2008, 8:24 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by PMM
Hi



1. Reckless driving is not a listed criminal offence in Canada, but it may equate to Section 249(1)a dangerous driving which carries a maximum sentence of 5 years. The op could be "deemed" rehabilitated

"A36(2)(b): An applicant convicted outside Canada (of an offence that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years) may be deemed rehabilitated if 10 years have elapsed since the completion of the sentence imposed and they have not been convicted of a subsequent
offence other than an offence designated as a contravention under the Contraventions Act or ....."

You may wish to read the procedures: http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF
I'm not sure if you were replying to me or to the OP? If to me then the above quote is as per what I had originally said at the beginning of this thread: "Generally if you have only the one offence and it is punishable by less than 10 years imprisonment in Canada and the completion of your imposed sentance was over 10 years ago you are deemed rehabilitated."
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Old Dec 5th 2008, 11:10 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Your conviction may not in fact be an issue for your application, since in some cases it equates to a Provincial offense, not a Federal one, in Canada and in that case it does not render you inadmissible because it is not a conviction under the Criminal code of Canada or an act of Parliament (also presumably you did not committ it, as the law puts it "on entering Canada" , which would make you VERY unpopular with immigration)!

As PMM states if it equates to dangerous Driving then it does however render you criminally inadmissible.

An examination of the cirucmstances relating to the conviction i.e. what happened is required, as is an examination of the Statute under which you were convicted.
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Old Dec 5th 2008, 11:56 am
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Default Re: reckless driving misdemeanor and marrying Canadian

Thanks Ron, and thank you all for your responses.

I think I need a legal advice on this issue, as to how do they decide if dangerous driving equates to reckless driving? Any recommendations on Canadian immigration lawyers are welcome.

I am not convicted yet but facing the charges..looks like it will happen in next few months. (It was a mistake but trying to minimize the impact on personal life now)

Originally Posted by Ron Liberman
Your conviction may not in fact be an issue for your application, since in some cases it equates to a Provincial offense, not a Federal one, in Canada and in that case it does not render you inadmissible because it is not a conviction under the Criminal code of Canada or an act of Parliament (also presumably you did not committ it, as the law puts it "on entering Canada" , which would make you VERY unpopular with immigration)!

As PMM states if it equates to dangerous Driving then it does however render you criminally inadmissible.

An examination of the cirucmstances relating to the conviction i.e. what happened is required, as is an examination of the Statute under which you were convicted.
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Old Dec 5th 2008, 12:01 pm
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Default Re: reckless driving misdemeanor and marrying Canadian

Plan is to get married in next few months. Didnt get convicted yet, but want to understand collateral damage, if or when that happens.

Originally Posted by NSpaul
I can tell you that it isnt waived for spousal sponsorship - its the same for any route.

Do you actually have a Canadian spouse?

How long ago was the offence?
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Old Dec 5th 2008, 12:43 pm
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by expatexpat
Plan is to get married in next few months. Didnt get convicted yet, but want to understand collateral damage, if or when that happens.
Certainly the fact that it was recent wont help - in many cases the offence needs to be at least 5 years ago before you can even think about applying for rehabilitation. Sorry to be the bearer of bad news here.
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Old Dec 5th 2008, 12:46 pm
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Default Re: reckless driving misdemeanor and marrying Canadian

Dear expatexpat,

Send me a PM and I will try to help you.
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Old Dec 5th 2008, 1:24 pm
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Default Re: reckless driving misdemeanor and marrying Canadian

Thanks NSpaul for your responses.

You are only speaking from your experience and knowledge. I will do the fact finding with immigration lawyer. Its very depressing for me to face this situation . This is my first citation of any kind, have been disciplined driver all my life, never gotten into any kind of trouble.

Originally Posted by NSpaul
Certainly the fact that it was recent wont help - in many cases the offence needs to be at least 5 years ago before you can even think about applying for rehabilitation. Sorry to be the bearer of bad news here.
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