Erica

Hello,

I had a minor offence committed over 10years ago in Italy. Due to the
Canada Immigration Hybrid Rule this very minor offence is converted to
an Inditable offence in Canada (even though it was only a $200 fine
here in Italy and heard in courts here in Italy which are not able to
give sentences except fines. Because of the Inditable nature this
offence has a 10year waiting period. Now under the old rules the
waiting period was 10years from the completion of sentence (which in
this case the sentence was a fine), so we had to wait 10years from the
day the fine was paid to be 'deemed' admissable, or 5 years wait to
apply for rehabilation in order to be admissable. But under the
wording we now see it also states that rehabilation can occur 10 years
from the date of conviction (new category = last year it only said 10
years from date sentence was completed).
(1) Does this new category apply to me? i.e. i can find no data
specifically showing the qualificaions for this new category.

I ask this since the fine was only paid two years ago. The original
offence I was acquitted and it was years later an appeal was filed
which I and my lawyer was unaware of hence I was found guilty in
absense (the courts had errored and had not sent the judgement to me
or my lawyer at all, of this we have proof) and a fine for $200 was
set. It was not until years later that it was discovered that I had a
fine set in my name, once my lawyer was notified of this fine it was
paid immediately.

We have applied to have this overturned here in Italy (due to the
court error of not notifing us of the Appeal and Judgement in Absence)
but this process could take up to 5 years to complete.

I plan on applying for permanent resident status in Canada from here
in Italy but I also intend on travelling with my husband to Canada
prior to (and during) this process as he has needs in Canada to
attend.

SO
we must complete the Application for Criminal Rehabiliation here in
Italy.
(2) how long does this application generally take?
(3) should we 'also' be applying for a temporary residents visa?
(4) how long does the temporary residents visa take, generally?

we have tickets to to Canada in July so we need to get myself
permission to enter Canada in the correct manner.


it would be appreciated to know answers to (1)-(4) above...

thanks

Erica

Andrew Miller

You may file application for Criminal Rehabilitation 5 years after the
completion of the sentence. Thus if fine was paid only 2 years ago you need
to wait another 3 years before you can apply for CR. There is no separate
process for CR - you must include CR application together with your PR
application.

If you are Italian citizen then you don't need to apply for TRV to visit
Canada. Thus you can simply fly to Canada and ask for admission at the port
of entry. If you want to make sure that your admission was obtained lawfully
then disclose the fact of your offence/fine as well as fact of having PR
pending (if you have already applied).

As you may not yet apply for Criminal Rehabilitation then it will be prudent
to consider asking for Temporary Resident Permit when applying for PR. You
should also consider seeking professional assistance under your
circumstances.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________



"erica" wrote in message
news:[email protected]...
    > Hello,
    > I had a minor offence committed over 10years ago in Italy. Due to the
    > Canada Immigration Hybrid Rule this very minor offence is converted to
    > an Inditable offence in Canada (even though it was only a $200 fine
    > here in Italy and heard in courts here in Italy which are not able to
    > give sentences except fines. Because of the Inditable nature this
    > offence has a 10year waiting period. Now under the old rules the
    > waiting period was 10years from the completion of sentence (which in
    > this case the sentence was a fine), so we had to wait 10years from the
    > day the fine was paid to be 'deemed' admissable, or 5 years wait to
    > apply for rehabilation in order to be admissable. But under the
    > wording we now see it also states that rehabilation can occur 10 years
    > from the date of conviction (new category = last year it only said 10
    > years from date sentence was completed).
    > (1) Does this new category apply to me? i.e. i can find no data
    > specifically showing the qualificaions for this new category.
    > I ask this since the fine was only paid two years ago. The original
    > offence I was acquitted and it was years later an appeal was filed
    > which I and my lawyer was unaware of hence I was found guilty in
    > absense (the courts had errored and had not sent the judgement to me
    > or my lawyer at all, of this we have proof) and a fine for $200 was
    > set. It was not until years later that it was discovered that I had a
    > fine set in my name, once my lawyer was notified of this fine it was
    > paid immediately.
    > We have applied to have this overturned here in Italy (due to the
    > court error of not notifing us of the Appeal and Judgement in Absence)
    > but this process could take up to 5 years to complete.
    > I plan on applying for permanent resident status in Canada from here
    > in Italy but I also intend on travelling with my husband to Canada
    > prior to (and during) this process as he has needs in Canada to
    > attend.
    > SO
    > we must complete the Application for Criminal Rehabiliation here in
    > Italy.
    > (2) how long does this application generally take?
    > (3) should we 'also' be applying for a temporary residents visa?
    > (4) how long does the temporary residents visa take, generally?
    > we have tickets to to Canada in July so we need to get myself
    > permission to enter Canada in the correct manner.
    > it would be appreciated to know answers to (1)-(4) above...
    > thanks
    > Erica

Pmm

Hi Andrew/Erica



"Andrew Miller" wrote in message
news:[email protected]...
    > You may file application for Criminal Rehabilitation 5 years after the
    > completion of the sentence. Thus if fine was paid only 2 years ago you
need
    > to wait another 3 years before you can apply for CR. There is no separate
    > process for CR - you must include CR application together with your PR
    > application.
    > If you are Italian citizen then you don't need to apply for TRV to visit
    > Canada. Thus you can simply fly to Canada and ask for admission at the
port
    > of entry. If you want to make sure that your admission was obtained
lawfully
    > then disclose the fact of your offence/fine as well as fact of having PR
    > pending (if you have already applied).
    > As you may not yet apply for Criminal Rehabilitation then it will be
prudent
    > to consider asking for Temporary Resident Permit when applying for PR. You
    > should also consider seeking professional assistance under your
    > circumstances.
    > --
    > ../..
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    > "erica" wrote in message
    > news:[email protected]...
    > > Hello,
    > >
    > > I had a minor offence committed over 10years ago in Italy. Due to the
    > > Canada Immigration Hybrid Rule this very minor offence is converted to
    > > an Inditable offence in Canada (even though it was only a $200 fine
    > > here in Italy and heard in courts here in Italy which are not able to
    > > give sentences except fines. Because of the Inditable nature this
    > > offence has a 10year waiting period. Now under the old rules the
    > > waiting period was 10years from the completion of sentence (which in
    > > this case the sentence was a fine), so we had to wait 10years from the
    > > day the fine was paid to be 'deemed' admissable, or 5 years wait to
    > > apply for rehabilation in order to be admissable. But under the
    > > wording we now see it also states that rehabilation can occur 10 years
    > > from the date of conviction (new category = last year it only said 10
    > > years from date sentence was completed).
    > > (1) Does this new category apply to me? i.e. i can find no data
    > > specifically showing the qualificaions for this new category.
    > >
    > > I ask this since the fine was only paid two years ago. The original
    > > offence I was acquitted and it was years later an appeal was filed
    > > which I and my lawyer was unaware of hence I was found guilty in
    > > absense (the courts had errored and had not sent the judgement to me
    > > or my lawyer at all, of this we have proof) and a fine for $200 was
    > > set. It was not until years later that it was discovered that I had a
    > > fine set in my name, once my lawyer was notified of this fine it was
    > > paid immediately.
    > >
    > > We have applied to have this overturned here in Italy (due to the
    > > court error of not notifing us of the Appeal and Judgement in Absence)
    > > but this process could take up to 5 years to complete.
    > >
    > > I plan on applying for permanent resident status in Canada from here
    > > in Italy but I also intend on travelling with my husband to Canada
    > > prior to (and during) this process as he has needs in Canada to
    > > attend.
    > >
    > > SO
    > > we must complete the Application for Criminal Rehabiliation here in
    > > Italy.
    > > (2) how long does this application generally take?
    > > (3) should we 'also' be applying for a temporary residents visa?
    > > (4) how long does the temporary residents visa take, generally?
    > >
    > > we have tickets to to Canada in July so we need to get myself
    > > permission to enter Canada in the correct manner.
    > >
    > >
    > > it would be appreciated to know answers to (1)-(4) above...
    > >
    > > thanks
    > >
    > > Erica

If she was convicted of an offence in Italy that is a dual offence in Canada
and she could have received either 10 years or more or less than ten years,
then she is inadmissible under either 36(1) or 36(2) of the Act. With no
rehab. it is doubtful that she would be issued a permit at a POE. She should
be discussing her case with the CHC where she lives prior to coming to
Canada. If she falls under A36 there is a very good chance that she will be
bounced at a POE>

PMM

Andrew Miller

This is exactly why I suggested TRP - as such is the solution for otherwise
inadmissible person. And it is advisable to deal with it through Canadian
visa post in Italy before coming here as visitor.

It is rather unlikely to be bounced at POE with such small offence,
providing that she has all documentation (with certified translations) with
her proving her story. As a spouse of and traveling with Canadian citizen
she may hope for more flexible approach, although she may need to ask for
TRP at POE and there are no guarantees.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________



"PMM" wrote in message
news:[email protected]...
    > Hi Andrew/Erica
    > >
    > If she was convicted of an offence in Italy that is a dual offence in
Canada
    > and she could have received either 10 years or more or less than ten
years,
    > then she is inadmissible under either 36(1) or 36(2) of the Act. With no
    > rehab. it is doubtful that she would be issued a permit at a POE. She
should
    > be discussing her case with the CHC where she lives prior to coming to
    > Canada. If she falls under A36 there is a very good chance that she will
be
    > bounced at a POE>
    > PMM
    > "Andrew Miller" wrote in message
    > news:[email protected]...
    > > You may file application for Criminal Rehabilitation 5 years after the
    > > completion of the sentence. Thus if fine was paid only 2 years ago you
    > need
    > > to wait another 3 years before you can apply for CR. There is no
separate
    > > process for CR - you must include CR application together with your PR
    > > application.
    > >
    > > If you are Italian citizen then you don't need to apply for TRV to visit
    > > Canada. Thus you can simply fly to Canada and ask for admission at the
    > port
    > > of entry. If you want to make sure that your admission was obtained
    > lawfully
    > > then disclose the fact of your offence/fine as well as fact of having PR
    > > pending (if you have already applied).
    > >
    > > As you may not yet apply for Criminal Rehabilitation then it will be
    > prudent
    > > to consider asking for Temporary Resident Permit when applying for PR.
You
    > > should also consider seeking professional assistance under your
    > > circumstances.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > >
    > > "erica" wrote in message
    > > news:[email protected]...
    > > > Hello,
    > > >
    > > > I had a minor offence committed over 10years ago in Italy. Due to the
    > > > Canada Immigration Hybrid Rule this very minor offence is converted to
    > > > an Inditable offence in Canada (even though it was only a $200 fine
    > > > here in Italy and heard in courts here in Italy which are not able to
    > > > give sentences except fines. Because of the Inditable nature this
    > > > offence has a 10year waiting period. Now under the old rules the
    > > > waiting period was 10years from the completion of sentence (which in
    > > > this case the sentence was a fine), so we had to wait 10years from the
    > > > day the fine was paid to be 'deemed' admissable, or 5 years wait to
    > > > apply for rehabilation in order to be admissable. But under the
    > > > wording we now see it also states that rehabilation can occur 10 years
    > > > from the date of conviction (new category = last year it only said 10
    > > > years from date sentence was completed).
    > > > (1) Does this new category apply to me? i.e. i can find no data
    > > > specifically showing the qualificaions for this new category.
    > > >
    > > > I ask this since the fine was only paid two years ago. The original
    > > > offence I was acquitted and it was years later an appeal was filed
    > > > which I and my lawyer was unaware of hence I was found guilty in
    > > > absense (the courts had errored and had not sent the judgement to me
    > > > or my lawyer at all, of this we have proof) and a fine for $200 was
    > > > set. It was not until years later that it was discovered that I had a
    > > > fine set in my name, once my lawyer was notified of this fine it was
    > > > paid immediately.
    > > >
    > > > We have applied to have this overturned here in Italy (due to the
    > > > court error of not notifing us of the Appeal and Judgement in Absence)
    > > > but this process could take up to 5 years to complete.
    > > >
    > > > I plan on applying for permanent resident status in Canada from here
    > > > in Italy but I also intend on travelling with my husband to Canada
    > > > prior to (and during) this process as he has needs in Canada to
    > > > attend.
    > > >
    > > > SO
    > > > we must complete the Application for Criminal Rehabiliation here in
    > > > Italy.
    > > > (2) how long does this application generally take?
    > > > (3) should we 'also' be applying for a temporary residents visa?
    > > > (4) how long does the temporary residents visa take, generally?
    > > >
    > > > we have tickets to to Canada in July so we need to get myself
    > > > permission to enter Canada in the correct manner.
    > > >
    > > >
    > > > it would be appreciated to know answers to (1)-(4) above...
    > > >
    > > > thanks
    > > >
    > > > Erica

Pmm

Andrew

"Andrew Miller" wrote in message
news:[email protected]...
    > This is exactly why I suggested TRP - as such is the solution for
otherwise
    > inadmissible person. And it is advisable to deal with it through Canadian
    > visa post in Italy before coming here as visitor.
    > It is rather unlikely to be bounced at POE with such small offence,
    > providing that she has all documentation (with certified translations)
with
    > her proving her story. As a spouse of and traveling with Canadian citizen
    > she may hope for more flexible approach, although she may need to ask for
    > TRP at POE and there are no guarantees.
    > --
    > ../..
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    > "PMM" wrote in message
    > news:[email protected]...
    > > Hi Andrew/Erica
    > >
    > > >
    > > If she was convicted of an offence in Italy that is a dual offence in
    > Canada
    > > and she could have received either 10 years or more or less than ten
    > years,
    > > then she is inadmissible under either 36(1) or 36(2) of the Act. With
no
    > > rehab. it is doubtful that she would be issued a permit at a POE. She
    > should
    > > be discussing her case with the CHC where she lives prior to coming to
    > > Canada. If she falls under A36 there is a very good chance that she
will
    > be
    > > bounced at a POE>
    > >
    > > PMM
    > >
    > > "Andrew Miller" wrote in message
    > > news:[email protected]...
    > > > You may file application for Criminal Rehabilitation 5 years after the
    > > > completion of the sentence. Thus if fine was paid only 2 years ago you
    > > need
    > > > to wait another 3 years before you can apply for CR. There is no
    > separate
    > > > process for CR - you must include CR application together with your PR
    > > > application.
    > > >
    > > > If you are Italian citizen then you don't need to apply for TRV to
visit
    > > > Canada. Thus you can simply fly to Canada and ask for admission at the
    > > port
    > > > of entry. If you want to make sure that your admission was obtained
    > > lawfully
    > > > then disclose the fact of your offence/fine as well as fact of having
PR
    > > > pending (if you have already applied).
    > > >
    > > > As you may not yet apply for Criminal Rehabilitation then it will be
    > > prudent
    > > > to consider asking for Temporary Resident Permit when applying for PR.
    > You
    > > > should also consider seeking professional assistance under your
    > > > circumstances.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller
    > > > Immigration Consultant
    > > > Vancouver, British Columbia
    > > > email: [email protected]
    > > > (delete REMOVE from the above address before sending email)
    > > > ________________________________
    > > >
    > > >
    > > >
    > > > "erica" wrote in message
    > > > news:[email protected]...
    > > > > Hello,
    > > > >
    > > > > I had a minor offence committed over 10years ago in Italy. Due to
the
    > > > > Canada Immigration Hybrid Rule this very minor offence is converted
to
    > > > > an Inditable offence in Canada (even though it was only a $200 fine
    > > > > here in Italy and heard in courts here in Italy which are not able
to
    > > > > give sentences except fines. Because of the Inditable nature this
    > > > > offence has a 10year waiting period. Now under the old rules the
    > > > > waiting period was 10years from the completion of sentence (which in
    > > > > this case the sentence was a fine), so we had to wait 10years from
the
    > > > > day the fine was paid to be 'deemed' admissable, or 5 years wait to
    > > > > apply for rehabilation in order to be admissable. But under the
    > > > > wording we now see it also states that rehabilation can occur 10
years
    > > > > from the date of conviction (new category = last year it only said
10
    > > > > years from date sentence was completed).
    > > > > (1) Does this new category apply to me? i.e. i can find no data
    > > > > specifically showing the qualificaions for this new category.
    > > > >
    > > > > I ask this since the fine was only paid two years ago. The original
    > > > > offence I was acquitted and it was years later an appeal was filed
    > > > > which I and my lawyer was unaware of hence I was found guilty in
    > > > > absense (the courts had errored and had not sent the judgement to me
    > > > > or my lawyer at all, of this we have proof) and a fine for $200 was
    > > > > set. It was not until years later that it was discovered that I had
a
    > > > > fine set in my name, once my lawyer was notified of this fine it was
    > > > > paid immediately.
    > > > >
    > > > > We have applied to have this overturned here in Italy (due to the
    > > > > court error of not notifing us of the Appeal and Judgement in
Absence)
    > > > > but this process could take up to 5 years to complete.
    > > > >
    > > > > I plan on applying for permanent resident status in Canada from here
    > > > > in Italy but I also intend on travelling with my husband to Canada
    > > > > prior to (and during) this process as he has needs in Canada to
    > > > > attend.
    > > > >
    > > > > SO
    > > > > we must complete the Application for Criminal Rehabiliation here in
    > > > > Italy.
    > > > > (2) how long does this application generally take?
    > > > > (3) should we 'also' be applying for a temporary residents visa?
    > > > > (4) how long does the temporary residents visa take, generally?
    > > > >
    > > > > we have tickets to to Canada in July so we need to get myself
    > > > > permission to enter Canada in the correct manner.
    > > > >
    > > > >
    > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > >
    > > > > thanks
    > > > >
    > > > > Erica

My memory maybe fading but this post seems like the poster in the past year
that was convicted of Arson in Italy (claimed only burned a garbage pail)
applied for PR in Canada, and was refused because of Criminality. If this
is the same poster, then they aren't going to issue a TRP at a POE.

PMM

Andrew Miller

You may be right as it sounds very similar to the other story, thanks for
reminding me. If it is the same person then any attempt to gain admission
will rather be futile. And professional assistance of immigration
practitioner experienced in criminal inadmissibility matters is a must if
this is the same case.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"PMM" wrote in message
news:[email protected]...

    > Andrew

    > My memory maybe fading but this post seems like the poster in the past
year
    > that was convicted of Arson in Italy (claimed only burned a garbage pail)
    > applied for PR in Canada, and was refused because of Criminality. If this
    > is the same poster, then they aren't going to issue a TRP at a POE.
    > PMM

    > "Andrew Miller" wrote in message
    > news:[email protected]...
    > > This is exactly why I suggested TRP - as such is the solution for
    > otherwise
    > > inadmissible person. And it is advisable to deal with it through
Canadian
    > > visa post in Italy before coming here as visitor.
    > >
    > > It is rather unlikely to be bounced at POE with such small offence,
    > > providing that she has all documentation (with certified translations)
    > with
    > > her proving her story. As a spouse of and traveling with Canadian
citizen
    > > she may hope for more flexible approach, although she may need to ask
for
    > > TRP at POE and there are no guarantees.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > >
    > > "PMM" wrote in message
    > > news:[email protected]...
    > > > Hi Andrew/Erica
    > > >
    > > > >
    > > > If she was convicted of an offence in Italy that is a dual offence in
    > > Canada
    > > > and she could have received either 10 years or more or less than ten
    > > years,
    > > > then she is inadmissible under either 36(1) or 36(2) of the Act. With
    > no
    > > > rehab. it is doubtful that she would be issued a permit at a POE. She
    > > should
    > > > be discussing her case with the CHC where she lives prior to coming to
    > > > Canada. If she falls under A36 there is a very good chance that she
    > will
    > > be
    > > > bounced at a POE>
    > > >
    > > > PMM
    > > >
    > > > "Andrew Miller" wrote in message
    > > > news:[email protected]...
    > > > > You may file application for Criminal Rehabilitation 5 years after
the
    > > > > completion of the sentence. Thus if fine was paid only 2 years ago
you
    > > > need
    > > > > to wait another 3 years before you can apply for CR. There is no
    > > separate
    > > > > process for CR - you must include CR application together with your
PR
    > > > > application.
    > > > >
    > > > > If you are Italian citizen then you don't need to apply for TRV to
    > visit
    > > > > Canada. Thus you can simply fly to Canada and ask for admission at
the
    > > > port
    > > > > of entry. If you want to make sure that your admission was obtained
    > > > lawfully
    > > > > then disclose the fact of your offence/fine as well as fact of
having
    > PR
    > > > > pending (if you have already applied).
    > > > >
    > > > > As you may not yet apply for Criminal Rehabilitation then it will be
    > > > prudent
    > > > > to consider asking for Temporary Resident Permit when applying for
PR.
    > > You
    > > > > should also consider seeking professional assistance under your
    > > > > circumstances.
    > > > >
    > > > > --
    > > > >
    > > > > ../..
    > > > >
    > > > > Andrew Miller
    > > > > Immigration Consultant
    > > > > Vancouver, British Columbia
    > > > > email: [email protected]
    > > > > (delete REMOVE from the above address before sending email)
    > > > > ________________________________
    > > > >
    > > > >
    > > > >
    > > > > "erica" wrote in message
    > > > > news:[email protected]...
    > > > > > Hello,
    > > > > >
    > > > > > I had a minor offence committed over 10years ago in Italy. Due to
    > the
    > > > > > Canada Immigration Hybrid Rule this very minor offence is
converted
    > to
    > > > > > an Inditable offence in Canada (even though it was only a $200
fine
    > > > > > here in Italy and heard in courts here in Italy which are not able
    > to
    > > > > > give sentences except fines. Because of the Inditable nature this
    > > > > > offence has a 10year waiting period. Now under the old rules the
    > > > > > waiting period was 10years from the completion of sentence (which
in
    > > > > > this case the sentence was a fine), so we had to wait 10years from
    > the
    > > > > > day the fine was paid to be 'deemed' admissable, or 5 years wait
to
    > > > > > apply for rehabilation in order to be admissable. But under the
    > > > > > wording we now see it also states that rehabilation can occur 10
    > years
    > > > > > from the date of conviction (new category = last year it only said
    > 10
    > > > > > years from date sentence was completed).
    > > > > > (1) Does this new category apply to me? i.e. i can find no data
    > > > > > specifically showing the qualificaions for this new category.
    > > > > >
    > > > > > I ask this since the fine was only paid two years ago. The
original
    > > > > > offence I was acquitted and it was years later an appeal was filed
    > > > > > which I and my lawyer was unaware of hence I was found guilty in
    > > > > > absense (the courts had errored and had not sent the judgement to
me
    > > > > > or my lawyer at all, of this we have proof) and a fine for $200
was
    > > > > > set. It was not until years later that it was discovered that I
had
    > a
    > > > > > fine set in my name, once my lawyer was notified of this fine it
was
    > > > > > paid immediately.
    > > > > >
    > > > > > We have applied to have this overturned here in Italy (due to the
    > > > > > court error of not notifing us of the Appeal and Judgement in
    > Absence)
    > > > > > but this process could take up to 5 years to complete.
    > > > > >
    > > > > > I plan on applying for permanent resident status in Canada from
here
    > > > > > in Italy but I also intend on travelling with my husband to Canada
    > > > > > prior to (and during) this process as he has needs in Canada to
    > > > > > attend.
    > > > > >
    > > > > > SO
    > > > > > we must complete the Application for Criminal Rehabiliation here
in
    > > > > > Italy.
    > > > > > (2) how long does this application generally take?
    > > > > > (3) should we 'also' be applying for a temporary residents visa?
    > > > > > (4) how long does the temporary residents visa take, generally?
    > > > > >
    > > > > > we have tickets to to Canada in July so we need to get myself
    > > > > > permission to enter Canada in the correct manner.
    > > > > >
    > > > > >
    > > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > > >
    > > > > > thanks
    > > > > >
    > > > > > Erica

Erica

hello,

thanks for the responses.

so exactly what forms do i need to fill out if i just want to get a
TRV?

since i have to wait 3 more years prior to applying for PR can i apply
for a TRV with Working Status (IMM5487?) and if i am allowed to do
this can i fill-apply for BOTH the visiting forms and the working
forms? I understand I must attach a CR with 'for information only'
checked also, which seems like a good idea anyhow as the way this is
constructed it gives me a grounds to firmly explain and present my
case.

to clarify things, my crime was 'accessory to mischief causing
property damage' = very minor = equiv to $200CAD fine, not something
serious like Arson someone suggested below (???). I just happened to
be in same area when some dumb friends of mine committed a minor
crime.

All i want to do is be able to work in Canada while my husband works,
or if not allowed to work, then at least be allowed to visit with him
in Canada until my 5 year window has gone by.

thanks,

eriKa





"Andrew Miller" wrote in message news:...
    > You may be right as it sounds very similar to the other story, thanks for
    > reminding me. If it is the same person then any attempt to gain admission
    > will rather be futile. And professional assistance of immigration
    > practitioner experienced in criminal inadmissibility matters is a must if
    > this is the same case.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    >
    >
    > "PMM" wrote in message
    > news:[email protected]...
    >
    > > Andrew
    >
    > > My memory maybe fading but this post seems like the poster in the past
    > year
    > > that was convicted of Arson in Italy (claimed only burned a garbage pail)
    > > applied for PR in Canada, and was refused because of Criminality. If this
    > > is the same poster, then they aren't going to issue a TRP at a POE.
    > >
    > > PMM
    >
    > > "Andrew Miller" wrote in message
    > > news:[email protected]...
    > > > This is exactly why I suggested TRP - as such is the solution for
    > otherwise
    > > > inadmissible person. And it is advisable to deal with it through
    > Canadian
    > > > visa post in Italy before coming here as visitor.
    > > >
    > > > It is rather unlikely to be bounced at POE with such small offence,
    > > > providing that she has all documentation (with certified translations)
    > with
    > > > her proving her story. As a spouse of and traveling with Canadian
    > citizen
    > > > she may hope for more flexible approach, although she may need to ask
    > for
    > > > TRP at POE and there are no guarantees.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller
    > > > Immigration Consultant
    > > > Vancouver, British Columbia
    > > > email: [email protected]
    > > > (delete REMOVE from the above address before sending email)
    > > > ________________________________
    > > >
    > > >
    > > >
    > > > "PMM" wrote in message
    > > > news:[email protected]...
    > > > > Hi Andrew/Erica
    > > > >
    > > > > >
    > > > > If she was convicted of an offence in Italy that is a dual offence in
    > Canada
    > > > > and she could have received either 10 years or more or less than ten
    > years,
    > > > > then she is inadmissible under either 36(1) or 36(2) of the Act. With
    > no
    > > > > rehab. it is doubtful that she would be issued a permit at a POE. She
    > should
    > > > > be discussing her case with the CHC where she lives prior to coming to
    > > > > Canada. If she falls under A36 there is a very good chance that she
    > will
    > be
    > > > > bounced at a POE>
    > > > >
    > > > > PMM
    > > > >
    > > > > "Andrew Miller" wrote in message
    > > > > news:[email protected]...
    > > > > > You may file application for Criminal Rehabilitation 5 years after
    > the
    > > > > > completion of the sentence. Thus if fine was paid only 2 years ago
    > you
    > need
    > > > > > to wait another 3 years before you can apply for CR. There is no
    > separate
    > > > > > process for CR - you must include CR application together with your
    > PR
    > > > > > application.
    > > > > >
    > > > > > If you are Italian citizen then you don't need to apply for TRV to
    > visit
    > > > > > Canada. Thus you can simply fly to Canada and ask for admission at
    > the
    > port
    > > > > > of entry. If you want to make sure that your admission was obtained
    > lawfully
    > > > > > then disclose the fact of your offence/fine as well as fact of
    > having
    > PR
    > > > > > pending (if you have already applied).
    > > > > >
    > > > > > As you may not yet apply for Criminal Rehabilitation then it will be
    > prudent
    > > > > > to consider asking for Temporary Resident Permit when applying for
    > PR.
    > You
    > > > > > should also consider seeking professional assistance under your
    > > > > > circumstances.
    > > > > >
    > > > > > --
    > > > > >
    > > > > > ../..
    > > > > >
    > > > > > Andrew Miller
    > > > > > Immigration Consultant
    > > > > > Vancouver, British Columbia
    > > > > > email: [email protected]
    > > > > > (delete REMOVE from the above address before sending email)
    > > > > > ________________________________
    > > > > >
    > > > > >
    > > > > >
    > > > > > "erica" wrote in message
    > > > > > news:[email protected]...
    > > > > > > Hello,
    > > > > > >
    > > > > > > I had a minor offence committed over 10years ago in Italy. Due to
    > the
    > > > > > > Canada Immigration Hybrid Rule this very minor offence is
    > converted
    > to
    > > > > > > an Inditable offence in Canada (even though it was only a $200
    > fine
    > > > > > > here in Italy and heard in courts here in Italy which are not able
    > to
    > > > > > > give sentences except fines. Because of the Inditable nature this
    > > > > > > offence has a 10year waiting period. Now under the old rules the
    > > > > > > waiting period was 10years from the completion of sentence (which
    > in
    > > > > > > this case the sentence was a fine), so we had to wait 10years from
    > the
    > > > > > > day the fine was paid to be 'deemed' admissable, or 5 years wait
    > to
    > > > > > > apply for rehabilation in order to be admissable. But under the
    > > > > > > wording we now see it also states that rehabilation can occur 10
    > years
    > > > > > > from the date of conviction (new category = last year it only said
    > 10
    > > > > > > years from date sentence was completed).
    > > > > > > (1) Does this new category apply to me? i.e. i can find no data
    > > > > > > specifically showing the qualificaions for this new category.
    > > > > > >
    > > > > > > I ask this since the fine was only paid two years ago. The
    > original
    > > > > > > offence I was acquitted and it was years later an appeal was filed
    > > > > > > which I and my lawyer was unaware of hence I was found guilty in
    > > > > > > absense (the courts had errored and had not sent the judgement to
    > me
    > > > > > > or my lawyer at all, of this we have proof) and a fine for $200
    > was
    > > > > > > set. It was not until years later that it was discovered that I
    > had
    > a
    > > > > > > fine set in my name, once my lawyer was notified of this fine it
    > was
    > > > > > > paid immediately.
    > > > > > >
    > > > > > > We have applied to have this overturned here in Italy (due to the
    > > > > > > court error of not notifing us of the Appeal and Judgement in
    > Absence)
    > > > > > > but this process could take up to 5 years to complete.
    > > > > > >
    > > > > > > I plan on applying for permanent resident status in Canada from
    > here
    > > > > > > in Italy but I also intend on travelling with my husband to Canada
    > > > > > > prior to (and during) this process as he has needs in Canada to
    > > > > > > attend.
    > > > > > >
    > > > > > > SO
    > > > > > > we must complete the Application for Criminal Rehabiliation here
    > in
    > > > > > > Italy.
    > > > > > > (2) how long does this application generally take?
    > > > > > > (3) should we 'also' be applying for a temporary residents visa?
    > > > > > > (4) how long does the temporary residents visa take, generally?
    > > > > > >
    > > > > > > we have tickets to to Canada in July so we need to get myself
    > > > > > > permission to enter Canada in the correct manner.
    > > > > > >
    > > > > > >
    > > > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > > > >
    > > > > > > thanks
    > > > > > >
    > > > > > > Erica
    > >
    > >
    > >

Erica

sorry I messed up trp and trv in last message. i do not need a trv,
i need a trp. so please replace any trv from me with trp


[email protected] (erica) wrote in message news:...
    > hello,
    >
    > thanks for the responses.
    >
    > so exactly what forms do i need to fill out to get a
    > TRP?
    >
    > since i have to wait 3 more years prior to applying for PR can i apply
    > for a TRP with Working Status (IMM5487?) and if i am allowed to do
    > this can i fill-apply for BOTH the visiting forms and the working
    > forms? I understand I must attach a CR with 'for information only'
    > checked also, which seems like a good idea anyhow as the way this is
    > constructed it gives me a grounds to firmly explain and present my
    > case.
    >
    > to clarify things, my crime was 'accessory to mischief causing
    > property damage' = very minor = equiv to $200CAD fine, not something
    > serious like Arson someone suggested below (???). I just happened to
    > be in same area when some dumb friends of mine committed a minor
    > crime.
    >
    > All i want to do is be able to work in Canada while my husband works,
    > or if not allowed to work, then at least be allowed to visit with him
    > in Canada until my 5 year window has gone by.
    >
    > thanks,
    >
    > eriKa
    >
    > sorry messed up trp and trv in last message. i do not need a trv, i need a trp.
    >
    >
    >
    > "Andrew Miller" wrote in message news:...
    > > You may be right as it sounds very similar to the other story, thanks for
    > > reminding me. If it is the same person then any attempt to gain admission
    > > will rather be futile. And professional assistance of immigration
    > > practitioner experienced in criminal inadmissibility matters is a must if
    > > this is the same case.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > > "PMM" wrote in message
    > > news:[email protected]...
    > >
    > > > Andrew
    >
    > > > My memory maybe fading but this post seems like the poster in the past
    > year
    > > > that was convicted of Arson in Italy (claimed only burned a garbage pail)
    > > > applied for PR in Canada, and was refused because of Criminality. If this
    > > > is the same poster, then they aren't going to issue a TRP at a POE.
    > > >
    > > > PMM
    >
    > > > "Andrew Miller" wrote in message
    > > > news:[email protected]...
    > > > > This is exactly why I suggested TRP - as such is the solution for
    > otherwise
    > > > > inadmissible person. And it is advisable to deal with it through
    > Canadian
    > > > > visa post in Italy before coming here as visitor.
    > > > >
    > > > > It is rather unlikely to be bounced at POE with such small offence,
    > > > > providing that she has all documentation (with certified translations)
    > with
    > > > > her proving her story. As a spouse of and traveling with Canadian
    > citizen
    > > > > she may hope for more flexible approach, although she may need to ask
    > for
    > > > > TRP at POE and there are no guarantees.
    > > > >
    > > > > --
    > > > >
    > > > > ../..
    > > > >
    > > > > Andrew Miller
    > > > > Immigration Consultant
    > > > > Vancouver, British Columbia
    > > > > email: [email protected]
    > > > > (delete REMOVE from the above address before sending email)
    > > > > ________________________________
    > > > >
    > > > >
    > > > >
    > > > > "PMM" wrote in message
    > > > > news:[email protected]...
    > > > > > Hi Andrew/Erica
    > > > > >
    > > > > > >
    > > > > > If she was convicted of an offence in Italy that is a dual offence in
    > Canada
    > > > > > and she could have received either 10 years or more or less than ten
    > years,
    > > > > > then she is inadmissible under either 36(1) or 36(2) of the Act. With
    > no
    > > > > > rehab. it is doubtful that she would be issued a permit at a POE. She
    > should
    > > > > > be discussing her case with the CHC where she lives prior to coming to
    > > > > > Canada. If she falls under A36 there is a very good chance that she
    > > will
    > > be
    > > > > > bounced at a POE>
    > > > > >
    > > > > > PMM
    > > > > >
    > > > > > "Andrew Miller" wrote in message
    > > > > > news:[email protected]...
    > > > > > > You may file application for Criminal Rehabilitation 5 years after
    > the
    > > > > > > completion of the sentence. Thus if fine was paid only 2 years ago
    > > you
    > > need
    > > > > > > to wait another 3 years before you can apply for CR. There is no
    > separate
    > > > > > > process for CR - you must include CR application together with your
    > PR
    > > > > > > application.
    > > > > > >
    > > > > > > If you are Italian citizen then you don't need to apply for TRV to
    > visit
    > > > > > > Canada. Thus you can simply fly to Canada and ask for admission at
    > > the
    > > port
    > > > > > > of entry. If you want to make sure that your admission was obtained
    > lawfully
    > > > > > > then disclose the fact of your offence/fine as well as fact of
    > > having
    > > PR
    > > > > > > pending (if you have already applied).
    > > > > > >
    > > > > > > As you may not yet apply for Criminal Rehabilitation then it will be
    > prudent
    > > > > > > to consider asking for Temporary Resident Permit when applying for
    > > PR.
    > > You
    > > > > > > should also consider seeking professional assistance under your
    > > > > > > circumstances.
    > > > > > >
    > > > > > > --
    > > > > > >
    > > > > > > ../..
    > > > > > >
    > > > > > > Andrew Miller
    > > > > > > Immigration Consultant
    > > > > > > Vancouver, British Columbia
    > > > > > > email: [email protected]
    > > > > > > (delete REMOVE from the above address before sending email)
    > > > > > > ________________________________
    > > > > > >
    > > > > > >
    > > > > > >
    > > > > > > "erica" wrote in message
    > > > > > > news:[email protected]...
    > > > > > > > Hello,
    > > > > > > >
    > > > > > > > I had a minor offence committed over 10years ago in Italy. Due to
    > the
    > > > > > > > Canada Immigration Hybrid Rule this very minor offence is
    > > converted
    > > to
    > > > > > > > an Inditable offence in Canada (even though it was only a $200
    > fine
    > > > > > > > here in Italy and heard in courts here in Italy which are not able
    > to
    > > > > > > > give sentences except fines. Because of the Inditable nature this
    > > > > > > > offence has a 10year waiting period. Now under the old rules the
    > > > > > > > waiting period was 10years from the completion of sentence (which
    > in
    > > > > > > > this case the sentence was a fine), so we had to wait 10years from
    > the
    > > > > > > > day the fine was paid to be 'deemed' admissable, or 5 years wait
    > to
    > > > > > > > apply for rehabilation in order to be admissable. But under the
    > > > > > > > wording we now see it also states that rehabilation can occur 10
    > years
    > > > > > > > from the date of conviction (new category = last year it only said
    > 10
    > > > > > > > years from date sentence was completed).
    > > > > > > > (1) Does this new category apply to me? i.e. i can find no data
    > > > > > > > specifically showing the qualificaions for this new category.
    > > > > > > >
    > > > > > > > I ask this since the fine was only paid two years ago. The
    > original
    > > > > > > > offence I was acquitted and it was years later an appeal was filed
    > > > > > > > which I and my lawyer was unaware of hence I was found guilty in
    > > > > > > > absense (the courts had errored and had not sent the judgement to
    > me
    > > > > > > > or my lawyer at all, of this we have proof) and a fine for $200
    > was
    > > > > > > > set. It was not until years later that it was discovered that I
    > > had
    > > a
    > > > > > > > fine set in my name, once my lawyer was notified of this fine it
    > was
    > > > > > > > paid immediately.
    > > > > > > >
    > > > > > > > We have applied to have this overturned here in Italy (due to the
    > > > > > > > court error of not notifing us of the Appeal and Judgement in
    > Absence)
    > > > > > > > but this process could take up to 5 years to complete.
    > > > > > > >
    > > > > > > > I plan on applying for permanent resident status in Canada from
    > here
    > > > > > > > in Italy but I also intend on travelling with my husband to Canada
    > > > > > > > prior to (and during) this process as he has needs in Canada to
    > > > > > > > attend.
    > > > > > > >
    > > > > > > > SO
    > > > > > > > we must complete the Application for Criminal Rehabiliation here
    > in
    > > > > > > > Italy.
    > > > > > > > (2) how long does this application generally take?
    > > > > > > > (3) should we 'also' be applying for a temporary residents visa?
    > > > > > > > (4) how long does the temporary residents visa take, generally?
    > > > > > > >
    > > > > > > > we have tickets to to Canada in July so we need to get myself
    > > > > > > > permission to enter Canada in the correct manner.
    > > > > > > >
    > > > > > > >
    > > > > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > > > > >
    > > > > > > > thanks
    > > > > > > >
    > > > > > > > Erica
    > > >
    > > >
    > > >

Andrew Miller

There are no special application forms for TRP - you need to request one
when applying for visa or admission to Canada. Under new law TRP will not be
granted as easy as it was in the past - main reasons are that TRP gives
access to health programs, work or study permits and most importantly person
residing in Canada on TRP for 3 years is automatically eligible for PR
status. Thus before granting TRP officer must consider a lot of factors and
to determine if there is a need for person to enter Canada, compelling and
sufficient enough to overcome the risk of letting otherwise inadmissible
person in.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"erica" wrote in message
news:[email protected]...
    > sorry I messed up trp and trv in last message. i do not need a trv,
    > i need a trp. so please replace any trv from me with trp
    > [email protected] (erica) wrote in message
news:...
    > > hello,
    > >
    > > thanks for the responses.
    > >
    > > so exactly what forms do i need to fill out to get a
    > > TRP?
    > >
    > > since i have to wait 3 more years prior to applying for PR can i apply
    > > for a TRP with Working Status (IMM5487?) and if i am allowed to do
    > > this can i fill-apply for BOTH the visiting forms and the working
    > > forms? I understand I must attach a CR with 'for information only'
    > > checked also, which seems like a good idea anyhow as the way this is
    > > constructed it gives me a grounds to firmly explain and present my
    > > case.
    > >
    > > to clarify things, my crime was 'accessory to mischief causing
    > > property damage' = very minor = equiv to $200CAD fine, not something
    > > serious like Arson someone suggested below (???). I just happened to
    > > be in same area when some dumb friends of mine committed a minor
    > > crime.
    > >
    > > All i want to do is be able to work in Canada while my husband works,
    > > or if not allowed to work, then at least be allowed to visit with him
    > > in Canada until my 5 year window has gone by.
    > >
    > > thanks,
    > >
    > > eriKa
    > >
    > > sorry messed up trp and trv in last message. i do not need a trv, i
need a trp.
    > >
    > >
    > >
    > > "Andrew Miller" wrote in message
news:...
    > > > You may be right as it sounds very similar to the other story, thanks
for
    > > > reminding me. If it is the same person then any attempt to gain
admission
    > > > will rather be futile. And professional assistance of immigration
    > > > practitioner experienced in criminal inadmissibility matters is a must
if
    > > > this is the same case.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller
    > > > Immigration Consultant
    > > > Vancouver, British Columbia
    > > > email: [email protected]
    > > > (delete REMOVE from the above address before sending email)
    > > > ________________________________
    > > >
    > > >
    > > > "PMM" wrote in message
    > > > news:[email protected]...
    > > >
    > > > > Andrew
    > >
    > > > > My memory maybe fading but this post seems like the poster in the
past
    > > year
    > > > > that was convicted of Arson in Italy (claimed only burned a garbage
pail)
    > > > > applied for PR in Canada, and was refused because of Criminality.
If this
    > > > > is the same poster, then they aren't going to issue a TRP at a POE.
    > > > >
    > > > > PMM
    > >
    > > > > "Andrew Miller" wrote in
message
    > > > > news:[email protected]...
    > > > > > This is exactly why I suggested TRP - as such is the solution for
    > > otherwise
    > > > > > inadmissible person. And it is advisable to deal with it through
    > > Canadian
    > > > > > visa post in Italy before coming here as visitor.
    > > > > >
    > > > > > It is rather unlikely to be bounced at POE with such small
offence,
    > > > > > providing that she has all documentation (with certified
translations)
    > > with
    > > > > > her proving her story. As a spouse of and traveling with Canadian
    > > citizen
    > > > > > she may hope for more flexible approach, although she may need to
ask
    > > for
    > > > > > TRP at POE and there are no guarantees.
    > > > > >
    > > > > > --
    > > > > >
    > > > > > ../..
    > > > > >
    > > > > > Andrew Miller
    > > > > > Immigration Consultant
    > > > > > Vancouver, British Columbia
    > > > > > email: [email protected]
    > > > > > (delete REMOVE from the above address before sending email)
    > > > > > ________________________________
    > > > > >
    > > > > >
    > > > > >
    > > > > > "PMM" wrote in message
    > > > > > news:[email protected]...
    > > > > > > Hi Andrew/Erica
    > > > > > >
    > > > > > > >
    > > > > > > If she was convicted of an offence in Italy that is a dual
offence in
    > > Canada
    > > > > > > and she could have received either 10 years or more or less than
ten
    > > years,
    > > > > > > then she is inadmissible under either 36(1) or 36(2) of the Act.
With
    > > no
    > > > > > > rehab. it is doubtful that she would be issued a permit at a
POE. She
    > > should
    > > > > > > be discussing her case with the CHC where she lives prior to
coming to
    > > > > > > Canada. If she falls under A36 there is a very good chance that
she
    > > > will
    > > > be
    > > > > > > bounced at a POE>
    > > > > > >
    > > > > > > PMM
    > > > > > >
    > > > > > > "Andrew Miller" wrote in
message
    > > > > > > news:[email protected]...
    > > > > > > > You may file application for Criminal Rehabilitation 5 years
after
    > > the
    > > > > > > > completion of the sentence. Thus if fine was paid only 2 years
ago
    > > > you
    > > > need
    > > > > > > > to wait another 3 years before you can apply for CR. There is
no
    > > separate
    > > > > > > > process for CR - you must include CR application together with
your
    > > PR
    > > > > > > > application.
    > > > > > > >
    > > > > > > > If you are Italian citizen then you don't need to apply for
TRV to
    > > visit
    > > > > > > > Canada. Thus you can simply fly to Canada and ask for
admission at
    > > > the
    > > > port
    > > > > > > > of entry. If you want to make sure that your admission was
obtained
    > > lawfully
    > > > > > > > then disclose the fact of your offence/fine as well as fact of
    > > > having
    > > > PR
    > > > > > > > pending (if you have already applied).
    > > > > > > >
    > > > > > > > As you may not yet apply for Criminal Rehabilitation then it
will be
    > > prudent
    > > > > > > > to consider asking for Temporary Resident Permit when applying
for
    > > > PR.
    > > > You
    > > > > > > > should also consider seeking professional assistance under
your
    > > > > > > > circumstances.
    > > > > > > >
    > > > > > > > --
    > > > > > > >
    > > > > > > > ../..
    > > > > > > >
    > > > > > > > Andrew Miller
    > > > > > > > Immigration Consultant
    > > > > > > > Vancouver, British Columbia
    > > > > > > > email: [email protected]
    > > > > > > > (delete REMOVE from the above address before sending email)
    > > > > > > > ________________________________
    > > > > > > >
    > > > > > > >
    > > > > > > >
    > > > > > > > "erica" wrote in message
    > > > > > > > news:[email protected]...
    > > > > > > > > Hello,
    > > > > > > > >
    > > > > > > > > I had a minor offence committed over 10years ago in Italy.
Due to
    > > the
    > > > > > > > > Canada Immigration Hybrid Rule this very minor offence is
    > > > converted
    > > > to
    > > > > > > > > an Inditable offence in Canada (even though it was only a
$200
    > > fine
    > > > > > > > > here in Italy and heard in courts here in Italy which are
not able
    > > to
    > > > > > > > > give sentences except fines. Because of the Inditable
nature this
    > > > > > > > > offence has a 10year waiting period. Now under the old
rules the
    > > > > > > > > waiting period was 10years from the completion of sentence
(which
    > > in
    > > > > > > > > this case the sentence was a fine), so we had to wait
10years from
    > > the
    > > > > > > > > day the fine was paid to be 'deemed' admissable, or 5 years
wait
    > > to
    > > > > > > > > apply for rehabilation in order to be admissable. But under
the
    > > > > > > > > wording we now see it also states that rehabilation can
occur 10
    > > years
    > > > > > > > > from the date of conviction (new category = last year it
only said
    > > 10
    > > > > > > > > years from date sentence was completed).
    > > > > > > > > (1) Does this new category apply to me? i.e. i can find no
data
    > > > > > > > > specifically showing the qualificaions for this new
category.
    > > > > > > > >
    > > > > > > > > I ask this since the fine was only paid two years ago. The
    > > original
    > > > > > > > > offence I was acquitted and it was years later an appeal was
filed
    > > > > > > > > which I and my lawyer was unaware of hence I was found
guilty in
    > > > > > > > > absense (the courts had errored and had not sent the
judgement to
    > > me
    > > > > > > > > or my lawyer at all, of this we have proof) and a fine for
$200
    > > was
    > > > > > > > > set. It was not until years later that it was discovered
that I
    > > > had
    > > > a
    > > > > > > > > fine set in my name, once my lawyer was notified of this
fine it
    > > was
    > > > > > > > > paid immediately.
    > > > > > > > >
    > > > > > > > > We have applied to have this overturned here in Italy (due
to the
    > > > > > > > > court error of not notifing us of the Appeal and Judgement
in
    > > Absence)
    > > > > > > > > but this process could take up to 5 years to complete.
    > > > > > > > >
    > > > > > > > > I plan on applying for permanent resident status in Canada
from
    > > here
    > > > > > > > > in Italy but I also intend on travelling with my husband to
Canada
    > > > > > > > > prior to (and during) this process as he has needs in Canada
to
    > > > > > > > > attend.
    > > > > > > > >
    > > > > > > > > SO
    > > > > > > > > we must complete the Application for Criminal Rehabiliation
here
    > > in
    > > > > > > > > Italy.
    > > > > > > > > (2) how long does this application generally take?
    > > > > > > > > (3) should we 'also' be applying for a temporary residents
visa?
    > > > > > > > > (4) how long does the temporary residents visa take,
generally?
    > > > > > > > >
    > > > > > > > > we have tickets to to Canada in July so we need to get
myself
    > > > > > > > > permission to enter Canada in the correct manner.
    > > > > > > > >
    > > > > > > > >
    > > > > > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > > > > > >
    > > > > > > > > thanks
    > > > > > > > >
    > > > > > > > > Erica
    > > > >
    > > > >
    > > > >

pkjmet

"Andrew Miller" wrote in message news:...
    > There are no special application forms for TRP - you need to request one
    > when applying for visa or admission to Canada. Under new law TRP will not be
    > granted as easy as it was in the past - main reasons are that TRP gives
    > access to health programs, work or study permits and most importantly person
    > residing in Canada on TRP for 3 years is automatically eligible for PR
    > status. Thus before granting TRP officer must consider a lot of factors and
    > to determine if there is a need for person to enter Canada, compelling and
    > sufficient enough to overcome the risk of letting otherwise inadmissible
    > person in.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    >
    >
    > "erica" wrote in message
    > news:[email protected]...
    > > sorry I messed up trp and trv in last message. i do not need a trv,
    > > i need a trp. so please replace any trv from me with trp
    > >
    > >
    > > [email protected] (erica) wrote in message
    > news:...
    > > > hello,
    > > >
    > > > thanks for the responses.
    > > >
    > > > so exactly what forms do i need to fill out to get a
    > > > TRP?
    > > >
    > > > since i have to wait 3 more years prior to applying for PR can i apply
    > > > for a TRP with Working Status (IMM5487?) and if i am allowed to do
    > > > this can i fill-apply for BOTH the visiting forms and the working
    > > > forms? I understand I must attach a CR with 'for information only'
    > > > checked also, which seems like a good idea anyhow as the way this is
    > > > constructed it gives me a grounds to firmly explain and present my
    > > > case.
    > > >
    > > > to clarify things, my crime was 'accessory to mischief causing
    > > > property damage' = very minor = equiv to $200CAD fine, not something
    > > > serious like Arson someone suggested below (???). I just happened to
    > > > be in same area when some dumb friends of mine committed a minor
    > > > crime.
    > > >
    > > > All i want to do is be able to work in Canada while my husband works,
    > > > or if not allowed to work, then at least be allowed to visit with him
    > > > in Canada until my 5 year window has gone by.
    > > >
    > > > thanks,
    > > >
    > > > eriKa
    > > >
    > > > sorry messed up trp and trv in last message. i do not need a trv, i
    > need a trp.
    > > >
    > > >
    > > >
    > > > "Andrew Miller" wrote in message
    > news:...
    > > > > You may be right as it sounds very similar to the other story, thanks
    > for
    > > > > reminding me. If it is the same person then any attempt to gain
    > admission
    > > > > will rather be futile. And professional assistance of immigration
    > > > > practitioner experienced in criminal inadmissibility matters is a must
    > if
    > > > > this is the same case.
    > > > >
    > > > > --
    > > > >
    > > > > ../..
    > > > >
    > > > > Andrew Miller
    > > > > Immigration Consultant
    > > > > Vancouver, British Columbia
    > > > > email: [email protected]
    > > > > (delete REMOVE from the above address before sending email)
    > > > > ________________________________
    > > > >
    > > > >
    > > > > "PMM" wrote in message
    > > > > news:[email protected]...
    > > > >
    > > > > > Andrew
    >
    > > > > > My memory maybe fading but this post seems like the poster in the
    > past
    > year
    > > > > > that was convicted of Arson in Italy (claimed only burned a garbage
    > pail)
    > > > > > applied for PR in Canada, and was refused because of Criminality.
    > If this
    > > > > > is the same poster, then they aren't going to issue a TRP at a POE.
    > > > > >
    > > > > > PMM
    >
    > > > > > "Andrew Miller" wrote in
    > message
    > > > > > news:[email protected]...
    > > > > > > This is exactly why I suggested TRP - as such is the solution for
    > otherwise
    > > > > > > inadmissible person. And it is advisable to deal with it through
    > Canadian
    > > > > > > visa post in Italy before coming here as visitor.
    > > > > > >
    > > > > > > It is rather unlikely to be bounced at POE with such small
    > offence,
    > > > > > > providing that she has all documentation (with certified
    > translations)
    > with
    > > > > > > her proving her story. As a spouse of and traveling with Canadian
    > citizen
    > > > > > > she may hope for more flexible approach, although she may need to
    > ask
    > for
    > > > > > > TRP at POE and there are no guarantees.
    > > > > > >
    > > > > > > --
    > > > > > >
    > > > > > > ../..
    > > > > > >
    > > > > > > Andrew Miller
    > > > > > > Immigration Consultant
    > > > > > > Vancouver, British Columbia
    > > > > > > email: [email protected]
    > > > > > > (delete REMOVE from the above address before sending email)
    > > > > > > ________________________________
    > > > > > >
    > > > > > >
    > > > > > >
    > > > > > > "PMM" wrote in message
    > > > > > > news:[email protected]...
    > > > > > > > Hi Andrew/Erica
    > > > > > > >
    > > > > > > > >
    > > > > > > > If she was convicted of an offence in Italy that is a dual
    > offence in
    > Canada
    > > > > > > > and she could have received either 10 years or more or less than
    > ten
    > years,
    > > > > > > > then she is inadmissible under either 36(1) or 36(2) of the Act.
    > With
    > no
    > > > > > > > rehab. it is doubtful that she would be issued a permit at a
    > POE. She
    > should
    > > > > > > > be discussing her case with the CHC where she lives prior to
    > coming to
    > > > > > > > Canada. If she falls under A36 there is a very good chance that
    > she
    > > > > will
    > > > > be
    > > > > > > > bounced at a POE>
    > > > > > > >
    > > > > > > > PMM
    > > > > > > >
    > > > > > > > "Andrew Miller" wrote in
    > message
    > > > > > > > news:[email protected]...
    > > > > > > > > You may file application for Criminal Rehabilitation 5 years
    > after
    > the
    > > > > > > > > completion of the sentence. Thus if fine was paid only 2 years
    > ago
    > > > > you
    > > > > need
    > > > > > > > > to wait another 3 years before you can apply for CR. There is
    > no
    > separate
    > > > > > > > > process for CR - you must include CR application together with
    > your
    > PR
    > > > > > > > > application.
    > > > > > > > >
    > > > > > > > > If you are Italian citizen then you don't need to apply for
    > TRV to
    > visit
    > > > > > > > > Canada. Thus you can simply fly to Canada and ask for
    > admission at
    > > > > the
    > > > > port
    > > > > > > > > of entry. If you want to make sure that your admission was
    > obtained
    > lawfully
    > > > > > > > > then disclose the fact of your offence/fine as well as fact of
    > > > > having
    > > > > PR
    > > > > > > > > pending (if you have already applied).
    > > > > > > > >
    > > > > > > > > As you may not yet apply for Criminal Rehabilitation then it
    > will be
    > prudent
    > > > > > > > > to consider asking for Temporary Resident Permit when applying
    > for
    > > > > PR.
    > > > > You
    > > > > > > > > should also consider seeking professional assistance under
    > your
    > > > > > > > > circumstances.
    > > > > > > > >
    > > > > > > > > --
    > > > > > > > >
    > > > > > > > > ../..
    > > > > > > > >
    > > > > > > > > Andrew Miller
    > > > > > > > > Immigration Consultant
    > > > > > > > > Vancouver, British Columbia
    > > > > > > > > email: [email protected]
    > > > > > > > > (delete REMOVE from the above address before sending email)
    > > > > > > > > ________________________________
    > > > > > > > >
    > > > > > > > >
    > > > > > > > >
    > > > > > > > > "erica" wrote in message
    > > > > > > > > news:[email protected]...
    > > > > > > > > > Hello,
    > > > > > > > > >
    > > > > > > > > > I had a minor offence committed over 10years ago in Italy.
    > Due to
    > the
    > > > > > > > > > Canada Immigration Hybrid Rule this very minor offence is
    > > > > converted
    > > > > to
    > > > > > > > > > an Inditable offence in Canada (even though it was only a
    > $200
    > fine
    > > > > > > > > > here in Italy and heard in courts here in Italy which are
    > not able
    > to
    > > > > > > > > > give sentences except fines. Because of the Inditable
    > nature this
    > > > > > > > > > offence has a 10year waiting period. Now under the old
    > rules the
    > > > > > > > > > waiting period was 10years from the completion of sentence
    > (which
    > in
    > > > > > > > > > this case the sentence was a fine), so we had to wait
    > 10years from
    > the
    > > > > > > > > > day the fine was paid to be 'deemed' admissable, or 5 years
    > wait
    > to
    > > > > > > > > > apply for rehabilation in order to be admissable. But under
    > the
    > > > > > > > > > wording we now see it also states that rehabilation can
    > occur 10
    > years
    > > > > > > > > > from the date of conviction (new category = last year it
    > only said
    > 10
    > > > > > > > > > years from date sentence was completed).
    > > > > > > > > > (1) Does this new category apply to me? i.e. i can find no
    > data
    > > > > > > > > > specifically showing the qualificaions for this new
    > category.
    > > > > > > > > >
    > > > > > > > > > I ask this since the fine was only paid two years ago. The
    > original
    > > > > > > > > > offence I was acquitted and it was years later an appeal was
    > filed
    > > > > > > > > > which I and my lawyer was unaware of hence I was found
    > guilty in
    > > > > > > > > > absense (the courts had errored and had not sent the
    > judgement to
    > me
    > > > > > > > > > or my lawyer at all, of this we have proof) and a fine for
    > $200
    > was
    > > > > > > > > > set. It was not until years later that it was discovered
    > that I
    > > > > had
    > > > > a
    > > > > > > > > > fine set in my name, once my lawyer was notified of this
    > fine it
    > was
    > > > > > > > > > paid immediately.
    > > > > > > > > >
    > > > > > > > > > We have applied to have this overturned here in Italy (due
    > to the
    > > > > > > > > > court error of not notifing us of the Appeal and Judgement
    > in
    > Absence)
    > > > > > > > > > but this process could take up to 5 years to complete.
    > > > > > > > > >
    > > > > > > > > > I plan on applying for permanent resident status in Canada
    > from
    > here
    > > > > > > > > > in Italy but I also intend on travelling with my husband to
    > Canada
    > > > > > > > > > prior to (and during) this process as he has needs in Canada
    > to
    > > > > > > > > > attend.
    > > > > > > > > >
    > > > > > > > > > SO
    > > > > > > > > > we must complete the Application for Criminal Rehabiliation
    > here
    > in
    > > > > > > > > > Italy.
    > > > > > > > > > (2) how long does this application generally take?
    > > > > > > > > > (3) should we 'also' be applying for a temporary residents
    > visa?
    > > > > > > > > > (4) how long does the temporary residents visa take,
    > generally?
    > > > > > > > > >
    > > > > > > > > > we have tickets to to Canada in July so we need to get
    > myself
    > > > > > > > > > permission to enter Canada in the correct manner.
    > > > > > > > > >
    > > > > > > > > >
    > > > > > > > > > it would be appreciated to know answers to (1)-(4) above...
    > > > > > > > > >
    > > > > > > > > > thanks
    > > > > > > > > >
    > > > > > > > > > Erica
    > > > > >
    > > > > >
    > > > > >

I do not think this young lady is inadmissible at all to Canada. If
you have a copy of the Act and Regulations handy please read paragraph
18(2)(a)(ii) of the Regulations. There are two ten year priods to be
considered. Please note that they are separated by that great legal
word "or". In Erica's case the offence was committed ten years ago
i.e. 10 years have elapsed since the commission of the offence. No
mention is made of imposed sentence. Comments and other observations
from other contributors are welcome.

Jim Metcalfe