cancov

Hi all,
I really need to know what relevance the UK "Rehabilitation of Offenders Act" has when CHC London are determining inadmissabilty and/or rehabilitation?

I have read in some places that there is case law that means a "foreign pardon" (is a "spent" conviction under the ROA even equal to a "pardon") can be recognized by CIC, thus meaning the person is not even classed as inadmissable. Is there any truth to this and if so, can you explain?

Experts, can you give some insight on this?

Why does the CHC in London ask for a solicitor letter to confirm conviction is "spent" under ROA? What is the relevance?

Thanks in advance

chumley

cant offer any confrimed info but wishing the very best for a good outcome what I have read and heard is as follows
some have been copied from old threads and some from elsewhere:

Hi Andrew, another member(burton bunch) advised me to contact you,so here goes. In Jan 2006 I was refused a work permit at Buffalo because of a Drink Driving Offence in Dec 2000.I had 2 LMO offers but still had to return to England, so I put all my goods into storage in Canada and returned home.I would like to return to Canada asap to set up my home again,but here is the problem. I received an e-mail from cic london saying I was not inadmissable to Canada if my conviction was considered spent under the UK Rehabilitation of Offenders Act,1974.(thread DD Rehab 5 or 10 years). Under this act it was considered spent in March 2007.My refusal said I was described as a person in paragraph 36 (2)(b), Quote--ENF 14(3), Matters refered to in A36(1)b, A36(1)c and A36 (2)b, do not constitute inadmissibility in respect of a foreign national who, satisfies the Minister that they have been rehabilitated, or is a member of a prescribed class that is deemed to have been rehabilitated. (This falls into category A36 (3)c).This is where I hit the dead end, knowing which Regulation applies. R 17(a) starts,After completion of imposed sentence (there was no sentence). R18(2)a, Committed no more than 1 offence(There was more than 1 offence).R18(2)b, Constitutes 2 summary offences(Drink Driving is an indictable offence). R18(2)c, No more than 1 act outside Canada(Again more than 1). So basically I am lost,I want to return now(sick of paying storage) but dont want any hiccups like Canadian Immigration saying I am not deemed rehabilitated until March 2012. I know I could apply for Individual Rehabilitation, but cic says that can take over 12 months. Please Mr Miller,any advic

IS YOUR FOREIGN PARDON RECOGNIZED IN CANADA?
If you received a pardon or expungement for your conviction in a country other than Canada, it is possible that you are no longer inadmissible to Canada. You should carry the pardon or expungement documents with you when you seek entry into Canada as it is your responsibility to demonstrate to the officer at the Port of Entry that all of your convictions have been expunged or pardoned.

Foreign Pardons and Criminal Rehabilitation

According to Canadian case law, an immigrant is considered rehabilitated if they have been granted a pardon in a jurisdiction where the law and legal system is respected by Canada and where its rehabilitation legislation is similar in purpose and effect to Canada's, the effect of the foreign law should be recognized and such persons should not be considered "convicted" for Canadian immigration purposes.


e-mail from cic london. QUOTE-- Persons who have a criminal record are criminally inadmissible to Canada, unless they have been determined to be rehabilitated after an assessment by a Canadian Immigration Officer,OR in the case of a person who committed a crime IN THE UK,their sentence is considered SPENT under the UK Rehabilitation of Offenders Act,1974. Under this act,if you received a FINE with your ban your sentence is considered SPENT after 5 years. Search Google for NACRO and call them, very helpful organisation.

Would love to hear the experts view on this as CIC site says contact the high commision nearest to you for advice on foreign pardons( which means they must recognise some foreign pardons otherwise they wouldnt say this) but what happens when you have doen this several times and you simply dont get a reply:curse:

Info I have found suggests that if the pardon is from a country that as similar laws to canadas then all will be OK well Canadian law is based on UK law so this should not be a problem for those convited of UK crimes that are spent??

I am in Canada having arrived as a visitor from the UK for 6 months without having any idea I might be inadmissable and this is a major major shock to me

I am wanting to extend my visit to then go down the PNP route and was horrified to find a question on the application to extend asking about convictions , it was at this point that I discovered I may or may not be inadmiiasble!!!!!!!!!!!!!!!!!!!!!!!

I have applied to London for rehab but this is unlikely to be decided before my extension application need to go off so in despair about what to do????
I know of others wwo have had letters back from CHC London within a few weeks of an application for rehab saying UK conviction if spent ,removes inadmissability but I have heard nowt!!

My conviction was a DUI back in 1998 so over 10 years ago but not quite 11 years for deemed rehab oh what a mess im so scared I have done a terrible thing and will ruin my chances now for PNP due to my ignorance on the effect of my DUI???

Just wish like original poster that I could find a definite answer on this so any comments welcome

Sorry to hijack your thread cancov please forgive me but Im climbing the walls just as I imagine you are

out of interest how did your husband get around the extension application question re prior convictions? Dd they allow him an extesnion despite the conviction beacause you are family class?
Good luck canov and keep us informed

cancov

Thanks for that

I too had found that information by searching this forum. I wonder what the experts have to say on this?

My husband answered honestly that he has never been convicted (he hasn't, he had a caution which is not a conviction) on the visitor's extension form. However, on the PR form he answered honestly that yes he was arrested and received a caution etc etc and he provided the details. In your case I would still apply for the extension and honestly put about the conviction. Put that you have applied for Criminal Rehab too. While they are processing your extension application you can still be here on "implied status" and then hopefully they will deal with whether or not you are inadmissable before they give you your extension.


Going back to my questions, can anyone else comment? What do the experts say?

chumley

bumpity can any experts advise us
it would be hugely appreciated

lawsandjenny

I'm no expert but luckily my better half knows someone who is.

Here are edited parts from a series of e-mails we exchanged:

Hi Amy,

thanks so much for all your help.

I just need to clarify something to make absolutely sure i'm understanding it right: Normally i would have to wait until five years has passed from the end of my sentence (Aug 2010) but because i am British and Canada recognises the Rehab of Offenders Act 1974 i am able to apply for rehabilitation when the conviction is considered 'spent'?

I only ask because here in Britain my conviction is considered 'spent' after five years has elapsed from date of conviction not the date the sentence is completed.

I think you've said that this is ok but i just want to make doubly sure because i am a bit concerned about it.

Hey Andrew,

Sorry for the late reply, I've been super busy but it's better at the office now.

To clarify, yes because you are a British citizen you are able to apply for rehabilitation in January 2009 which is when the 5 year mark has elapsed from the time of your conviction.

No problem Andrew, I'm happy to help.

To be extra clear:

If your conviction is considered 'spent' under RoOA 1974, Canada will count this as a pardon however you MUST still apply to be rehabilitated through the London office. If it's spent (and i'd check with NACRO) you're laughing.

Apart from the three months (minimum) it takes to process.

Hope this helps!

easye

hi any1 know if im eligible 2 work in canada cos ive been down every road poss an just cant seem 2 get any answers if im wastin my time or if i have a chance of gettin in, i have a criminal record for (ABH section 47) i was jailed in 1998 for 6 months so its been 10 yrs now but also had a hiccup in 2007 were i put a dint in a car an got arrested an was convicted of criminal damage, i was sentenced to £200 compensation an bound over for a yr so this bender ended in april this yr, but i been speakin to some1 this mornin who recruits for canadian drivers an he said as long as u werent incarcerated i will be ok 2 get in(wether this is right or not i just dont know) or wether the companies just dont want the red tape of doin the rehab thing with u, (could any1 with any idea pls tell me if they know if i have any chance of gettin in over there or am i wastin my time) or if theres any chance of gettin in to australia or new zealand as a hgv driver

lawsandjenny

As long as your convictions are 'spent' you should be ok(ish). I would advise you to phone NACRO and talk it through with them to see what your status in Britain is at the moment. Very helpful organisation.

easye

thanks lawsanjenny so even with me been in court last yr u think id be ok as i didnt spend a jail term it was just a fine an the jail i did spend was 10 yrs ago now

lawsandjenny

Like i said i'm not an expert. I was only fined for my offence but still have to wait til Jan 21st before i can apply.

Read this:

http://www.lawontheweb.co.uk/rehabact.htm

Ring NACRO.

http://www.nacro.org.uk/

chumley

lawsandjenny thanks so much for your reply I have pmd' you

chumley

lawsandjenny

you mention above that if its a UK spent crime it can be 5 years after conviction and not end of punishment? does this also mean that deemed rehab can also be 10 years after conviction and not 10 years after punishment?
would love to have this confirmed?

many thanks

PMM

Hi

Don't confuse the UK spent crime and Immigration rehabilitation, it is 10 years after the completion of the sentence for Canadian Immigration.

lawsandjenny

No. The clock for deemed rehab starts ticking when the sentence is completed. However, us lucky british types can apply for rehabilitation when our sentence is considered spent HERE, which is usually (i say usually) less than the period required for deemed rehab.

It's all to do with the the British Legal System being held in 'high regard' by the Canadian Legal System. It's not like they're friends, but if they see each other in the street they'll doff their hats at one another.

chumley

thanks for the pm much appreciated
it seems from other posters that in fact UK spent crimes equate to a canadian pardon and therefore dont need a formal rehab application???

simply a letter stating their crime is no longer of consequence to Canada as it is spent in the UK?

other posters have reported getting a letter back from CHC in one week, 3 weeks and another within 55 days? two have reported a refund of the $200 fee not that im bothered about that I would pay $200000 to get this sorted fast!

ie they did not have to wait for a full rehab decision that can take an age but simply a letter
would really appreciate anyones experices with rehab CHC london experiences

good luck all

Twink001

Hi all,

As some of you may be aware the Embassy has lost our rehab application, however we have now been informed that they have found our paper work BUT it will take a further 60 days to process it........:curse::curse::curse:

Its all just too much for me, the waiting, we have lost all hope of moving to Canada...

all I can say is if you have a criminal record then get your rehab application in ASAP, because our dream is fading quickly.

Good luck to you all

Susie