jasondill

hi everyone, Newby Alert!

I have a very specific question:

I am a british citizen and about to marry my canadian citizen fiance in 2 weeks in London, England.

Ive been to Canada 3 times in 2011. She's been to UK 3 or 4 times.

I want to move to Ontario for a 'test' - maybe stay for 3 months and work and see if I like it with the option to move back to London.

I have a criminal record which is considered 'spent' in the UK - over 10 years has passed. No time behind bars, just community service and a fine. 1 account class A and 2 accounts of class C convictions.

No degree, just 1 A Level and 5 GCSE's but cant find certificates.

I am also a qualified driving instructor in the UK and been self-employed for 6 years.

I have also started an apprenticeship Jan 2012 which ends in Oct 2012.

What are my chances?

christmasoompa

Hi, and welcome to BE.

Congrats!

Being considered spent in the UK doesn't mean anything for Canadian immigration purposes unfortunately. Did you obtain criminal rehab to enter Canada in 2011? Or was it not needed?

Your chances are few to very good, depending on your age! Can you tell us how old you are? It's just that you may be eligible for a Working Holiday Visa, which is an open work permit for a year, for those aged 30 and under.

If you're not eligible for a WHV then it gets much tougher and you'd have one of two options - one, to visit for up to six months but not work during that time, or two, to try and get a Temporary Work Permit.

The problem with the latter route is that not only do you need a job offer from an employer prepared to go through the paperwork/hassle/wait of hiring you, but you also need your employer to apply for a Labour Market Opinion (to prove that they have advertised the job across Canada and been unable to find a Canadian willing, or able, to do the job). That's a lot to ask as you don't have skills particularly in demand in Canada, and also only want to stay 6 months.

HTH a bit, good luck.

jasondill

I visited Canada 3 times last year and never had a problem, I was just visiting so they only asked the usual questions. 'Who are you here to see?, where are you staying? etc etc' Do I need to obtain a criminal rehab to enter?

Im going to turn 30 this June?
Will I still need a Police certificate if I take the TWP route?



My fiance's dad run's his own business there, would he be able to sort that out for me?

yzf.shaun

On the criminality front your should apply for Criminal Rehabilitation for info only.

The fact your convection is spent in the UK does mean you will ultimately be admissible but you should send all details for info only (which is free)

There are a few people now across this and other forums that have letters stating that for UK convictions they base admissibility on the UK ROA 1974.


Good luck with everything.

I was in a similar position to yourself although have never spent a significant amount of time over there. I am moving out mid June.

If you are married I would just get the PR application under way. It's far quicker than it would be if you decide to apply once in land.

jasondill

Thank you for your response.

Can I start the PR process now since the wedding will take place in 2 weeks time? or does the form ask for some sort of Marriage Certificate?

Aviator

Not so simple. Where a labour market opinion is required, the employer has to try and hire a Canadian or PR first, after they have gone through the hoops of that and followed the HRSDC procedure, they apply for a LMO, HRSDC then decide if they will approve it or not. It can take a few months.

jasondill

So would you suggest the PR route immediately after our marriage in a few weeks time?

Aviator

Spousal sponsorship is by and far the easiest route to go. You cannot work for a few weeks (or months), but usually less hassles going this route.

Former Lancastrian

Read this link re sponsorship routes.
CIC on receiving all documentation will tell you if inadmissible or not as police certificates have to be provided.

http://www.cic.gc.ca/english/immigra...-how.asp#step1

jasondill

Thank you, I think we have decided to go Spouse Sponsor route.

jasondill

Is it possible to apply for the police certificate before we start applying so I know if the convictions come up since they are 'spent' in the UK?

jasondill

Would it be a good idea to get the police certificate before we begin the application forms just to see if it comes up with anything considering the convictions are 'Spent' in the UK.?

Former Lancastrian

Certificates cannot be older than 3 months before you submit so if you did go that route make sure you submit application soon after. Once submitted then valid for 12 months.

jasondill

Excellent, Thank you.

There is a 2 day option for the police certificate for £70. I will probably do that.

jasondill

Quick update:

I received the police certificate within 4days (2 days were a weekend)

and it does state my convictions and Im now assuming that if I send that in with my application as a spouse sponsor to go to Canada, it will no doubt be rejected.

I have spoken to a few law firms in Canada and they have suggested to go the Rehabilitation of Offenders route first which could take 18 months?

Anyone else know anything about this please?