Siouxie

I believe that there are 2 areas that appear in the Criminal code that may affect you.

One is Fraud http://laws.justice.gc.ca/en/showdoc...:l_IX-gb:s_366

366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

and the other is obtaining transport 393.3

http://laws.justice.gc.ca/en/showdoc...:l_IX-gb:s_366

(3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 351.

As they are both from the same incident they "should" count as 1 offence. I don't believe this should stop your application.

I am not a lawyer so you should check the facts yourself.

Hope that helps.

asimmatloob

I received a caution on February 2008 for possession of offensive weapon in public place. (I was just carrying a billiard stick which I found on the road where I was walking and a police officer took me to the police station where I was interviewed, I accepted the possession of billiard stick and I was given a caution by police). I am applying for Economic Class Federal Skill worker migration to Canada. Will this caution mentioned on my police certificate, makes me inadmissible to Canada? I have only this single caution in my police record otherwise I have a clear record. Please answer my query. Thnks

chrisjones

Where you arrested and taken to a police station, if you where not you probably have no record if you where 100% it will show on your acpo certificate. The worst thing people can do sometimes is accept a caution, its like haveing a criminal record in the eyes of canada, although it becomes spent straight away, it will show up on your police clearance hence you will have to admit it on your application, as to what the offense would be in canada or if it would be no idea.

JAJ

Being arrested does not create any criminal record. Only a court conviction, or some other abbreviated legal process (such as a caution) does.

Lots of people are arrested for things that they haven't done.

cityhog

First get a copy of your police certificate and if it's there, you have to submit with your FSW app your letter of explanation and detailed police docs.

asimmatloob

Thanks every one for replying to my query.

chrisjones: Yes I was arrested. Police officer took me to the police station in his car and locked me in a room there for about three to four hours, then I was interviewed.

City Hog: I have lost copy of police custody record, which was given to me at that time. How I can get another one and which other police documents I have to submit with my FSW application and how I will get those documents from police.

cityhog

I'm not from the UK, but you should submit docs showing the exact charge, judgment and arrest/fines/probation/completion. You can contact the police station that booked you and the court that fined you. Take a look at them first before writing a letter of explanation because your letter has to match with the facts in those statements.

marclouis

are you sure thats the whole story? rehab means proving that you accept you did wrong, that you paid the price and there is no reason that you would do it again. saying that the police made a mistake but you accepted a caution is not what immigration want to hear.
I would expect that when you convert the offense into its canadian equivalent you will find that you will have to wait the full 5 years before you are deemed rehabilitated so sorry i doubt you are admissible to Canada and will require rehab after the five years.

asimmatloob

I was not charged, I was issued with a written caution stating "possession of offensive weapon in public". There was no judgment/probation. I was told by the police this caution automatically becomes spent after it is issued and if I repeat the same mistake in future then I will be charged. I can't remember which police station it was where police officer took me. Can any body tell me please that how I can get copy of the record from police? Whats the procedure for that in UK.

asimmatloob

Yes I am 100% sure thats the whole story. Police officer told me that billiard stick is classified as offensive weapon as if u hit someone with he can be dead. He told me I am not supposed to walking with at a public place when its dark (It was around 07:00PM when it happened). Caution issued to me was not conditional and police officer told me that no rehabilitation is required, just make sure not to repeat the same mistake in future. I was told by police officer at that time that it will stay in my record for three years. But one of my friend has told me that it was just a bluff by police, caution stays in your police record for life. As this caution was not conditional and became spent when issued, so do I still require a rehab? If yes whats the procedure for that? I made a mistake at that time by accepting the caution, i was unaware of the law about caution and police officer told me its just a written warning. Anyway please anybody can tell me that do I require a rehab in my case? If yes whats the procedure for it in UK? In my case what I have to do to get rehab e.g, do I have to do some voluntary work or something else?

christmasoompa

The rehabilitation discussed is nothing to do with the UK. It's required by CIC for immigration to Canada (or even to enter as a visitor) - the police officer that gave you the caution would obviously have had no idea about the effects of the caution on another country's immigration system.

There is no such thing as a caution in Canada, so in the eyes of CIC it's a conviction.

Here is the info you need, which will hopefully tell you if you need to apply for criminal rehab or not and how to go about it. http://www.cic.gc.ca/english/informa...ns/rehabil.asp

For your police certificate, you need to go to the ACPO website and get the application form from there - http://www.acpo.police.uk/certificates.asp

Good luck.

asimmatloob

Thanks for all the information, it was very helpful.

FStone

Hi there,

This is proving to be a bit of a nightmare for our application.

Here is our history:
I am Canadian resident sponsoring British husband outland via London.
We have been together for 4 years and married for 1. I have been in the UK with him for 2 years now.
Application in-process in London from March 10, 2010
Request for additional info: April 1, 2010

My husband had a caution for drunk and disorderly in a public place SIX years ago. He was asked to leave a club for being uber drunk (he was only 24 at the time) and he refused and started abusing the police so off he went to spend a night in jail to sober up.

As a Canadian, I didn't think a caution was a big deal and now I wish we looked more into it!

We couldn't find a copy of the caution when sending off original application. We were completely honest and wrote out an explanation of what happened. We were able to get a copy of it and sent it off with the request for additional info (Request was more info from police about the caution). It arrived April 10 at CHC-London. We just received on Saturday a letter from the police detailing everything from the arrest, down to what hubby was wearing. Should we fax this into them? We sent off the caution a month ago and haven't heard anything about it 'not being good enough' so aren't sure if they require this information about the arrest?

Also, a representative at the police station said that ACPO messed up our police certificate, saying 'NO LIVE TRACE' but that it should have had details of the incident on the certificate where it didn't! We didn't know it was supposed to have the info on the certificate otherwise we would have had them re-issue it before sending off the app. She has asked them to re-issue it with the info on it and also a letter explaining they cocked up, however, she said they rarely like to admit this so probably won't send a letter. We are waiting for that to come through and then deciding if we should send it off?

Getting annoyed now really!

cityhog

I am sure they'll ask for additional police/court docs later when they start processing your app. If you want to avoid any delay later, you can send them right now.

marclouis

I'm sure you'll find he's deemed rehabilitated as its more than 5 years and fairly minor. But you will still have to go throught the motions of showing all the paperwork related to the offence.