UK Police Caution effects on Canada Immigration
May 27th 2010, 5:35 pm
#61
BE Enthusiast
Joined: Mar 2010
Posts: 506
Re: UK Police Caution effects on Canada Immigration
Hey folks,
I hope some1 can shed some light on this for me
we are in the middle of doing our police check forms and I asked OH if anything he wants to tell me about any convictions cautions that has slipped his mind and I was joking but he told me about 15 years ago he was bound over for 6 months for breach of the peace as he had an offencesive sticker in his back window back in his boy racer days!
I have submitted our applications and ticked the box that says we have had no offences and he forgot to mention this then eee i could throttle him myself
he says hes had a few motor convictions aswell around the same time so will this show up on our police check?
thanks in advance.xx
I hope some1 can shed some light on this for me
we are in the middle of doing our police check forms and I asked OH if anything he wants to tell me about any convictions cautions that has slipped his mind and I was joking but he told me about 15 years ago he was bound over for 6 months for breach of the peace as he had an offencesive sticker in his back window back in his boy racer days!
I have submitted our applications and ticked the box that says we have had no offences and he forgot to mention this then eee i could throttle him myself
he says hes had a few motor convictions aswell around the same time so will this show up on our police check?
thanks in advance.xx
May 27th 2010, 5:56 pm
#62
Forum Regular
Joined: Mar 2010
Posts: 51
Re: UK Police Caution effects on Canada Immigration
Hi all
Honesty is the best policy .When you submit you forms to NS As per previous post all they check is NOC codes and job description.
Best bet is to apply for rehab and take it from there (we did and it took less then 4 weeks )
When your send yourforms on the 120 day email its the point of no return, and if they find out you will loose your fee and might not be able to reapply
Hope this helps and all the best
Honesty is the best policy .When you submit you forms to NS As per previous post all they check is NOC codes and job description.
Best bet is to apply for rehab and take it from there (we did and it took less then 4 weeks )
When your send yourforms on the 120 day email its the point of no return, and if they find out you will loose your fee and might not be able to reapply
Hope this helps and all the best
hi graham thanks for replying,
I am absolutely past myself here I have read the other posts and its not looking good
Does anyone know if it Will make a difference if we:
do the rehab?
Do we send a covering letter now from ourselves telling them it was a geniune mistake and telling them how he has never been in any trouble since and he has a job offer in Canada and a LMO is been done now etc. or wait till we submit our whole 120 day supporting docs
also if we get a reference letters from our solictor and police friends saying hes been a law abiding citizen ever since the conviction
or realistically are we gonna get a big NO as they are gonna wonder about our application now,
also what happens if my OH gets this LMO and needs to travel over on a temp work permit? or can he not now while this discrepency is ongoing?
thanks and any advice would be really appreciated
May 27th 2010, 6:10 pm
#63
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: UK Police Caution effects on Canada Immigration
Hi
The poster would not require rehabilitation as breach of the peace is not an indictable offence in Canada. It is considered a summary offence it would not make the poster ineligible. Note though it should have been reported in the application.
Hi all
Honesty is the best policy .When you submit you forms to NS As per previous post all they check is NOC codes and job description.
Best bet is to apply for rehab and take it from there (we did and it took less then 4 weeks )
When your send yourforms on the 120 day email its the point of no return, and if they find out you will loose your fee and might not be able to reapply
Hope this helps and all the best
Honesty is the best policy .When you submit you forms to NS As per previous post all they check is NOC codes and job description.
Best bet is to apply for rehab and take it from there (we did and it took less then 4 weeks )
When your send yourforms on the 120 day email its the point of no return, and if they find out you will loose your fee and might not be able to reapply
Hope this helps and all the best
May 27th 2010, 6:30 pm
#64
Forum Regular
Joined: Mar 2010
Posts: 51
Re: UK Police Caution effects on Canada Immigration
[QUOTE=PMM;8594123]Hi
The poster would not require rehabilitation as breach of the peace is not an indictable offence in Canada. It is considered a summary offence it would not make the poster ineligible. Note though it should have been reported in the application
Hi PMM
thanks for replying
Does that mean if its a summary offence which I have no idea what that means btw lol (sorry for been dumb) we still could be accepted for our PRC?
Note though it should have been reported in the application[/COLOR]
I know I so wish I could turn the clock back and I just really hope we are not gonna learn the hard way
have people actually made the same mistake and wrote into the london office and explained and still got their PRC's?
thanks.x
The poster would not require rehabilitation as breach of the peace is not an indictable offence in Canada. It is considered a summary offence it would not make the poster ineligible. Note though it should have been reported in the application
Hi PMM
thanks for replying
Does that mean if its a summary offence which I have no idea what that means btw lol (sorry for been dumb) we still could be accepted for our PRC?
Note though it should have been reported in the application[/COLOR]
I know I so wish I could turn the clock back and I just really hope we are not gonna learn the hard way
have people actually made the same mistake and wrote into the london office and explained and still got their PRC's?
thanks.x
Oct 21st 2010, 3:05 pm
#65
Just Joined
Joined: Oct 2010
Posts: 3
Re: UK Police Caution effects on Canada Immigration
Hello all,
I registered with this website because i have a Criminal Rehabilitation application coming up that I am eligible to send off next April. Now that I have actually read what documentation I need to include, I am feeling a bit overwhelmed with it all. I wonder if anyone can clarify something for me.
My background details are that:
I came to Canada as a visitor despite inadmissiblity in 2007. This was to pursue a romance. We got pregnant very quickly, and in June 2008 my son was born. So I have a son who is a Canadian citizen. I split from his mother earlier this year, and I see my son four, five times a week, sometimes more. Canada Immigration granted me a TRP which was a year long. My TRP is due to expire rather soon so ive applied for an extension of that and my open work permit and that is in process right now.
Now, my thoughts need to turn to the Application for Criminal Rehabilitation. My questions are these..
What if i dont have any references who are upstanding members of the community? Im quite young and so i didnt establish any relationships with anyone who was a member of the police force, or any lawyers, or anything like that. The people back home who could give me references are just very average people occupationally, unemployed bums, carpenters, pizza delivery people etc. So they dont count.
What do i do if i have no references? Also, would i need references from people in Canada as this is now 'my community'? In Canada I certainly dont have 3 references, i havent made a large amount of friends here and definitely not with anyone who counts as upstanding occupationally.
Also, last night I started reading on this website about the Burgon situation. How interesting... I almost feel like there may be a small chink of light here.. I sadly accrued 3 convictions during 2 occasions. The first time I received two convictions and i was sentenced to 9 months in a Young Offenders Institute. I served 2.5 months, then was released with a tag around my ankle. This conviction was in 2002.
Secondly, i was convicted of something that I received a 2 year probation order and a fine for. This was in 2004, sentence ending in 2006.
Now... with regards to this Burgon thing, it seems a spent conviction in England may lead to not being inadmissible. My 2004 conviction would normally be spent but the first 2 convictions (which ran concurrently) overrule it.The first 2 convictions (and therefore the 3rd conviction also) will be spent in 2012, 10 years after the conviction date.
Does the Burgon thing only count for minor criminality? Because the first offence was Robbery, which isnt minor on paper. The final conviction was a serious sounding one on paper also. Is there hope for me in that sense?
If a conviction is spent, is that enough for it to be considered expunged in Canada, regardless of what the offence was, if the sentence was less than 2.5 years jail? This is the first thing that Im curious to know, I have a couple more questions too if anyone is kind enough to answer. I am feeling a bit weighed down by it all, in the first 4 months of next year I have a divorce coming up, money to spend on a lawyer in that sense, I have to get all of this stuff figured out and put together (by April) and I have to manage a business at the same time. Anyone who can help, I shall love you forever.
Thank you guys.. P.S. this website is FANTASTIC! Very helpful indeed.
I registered with this website because i have a Criminal Rehabilitation application coming up that I am eligible to send off next April. Now that I have actually read what documentation I need to include, I am feeling a bit overwhelmed with it all. I wonder if anyone can clarify something for me.
My background details are that:
I came to Canada as a visitor despite inadmissiblity in 2007. This was to pursue a romance. We got pregnant very quickly, and in June 2008 my son was born. So I have a son who is a Canadian citizen. I split from his mother earlier this year, and I see my son four, five times a week, sometimes more. Canada Immigration granted me a TRP which was a year long. My TRP is due to expire rather soon so ive applied for an extension of that and my open work permit and that is in process right now.
Now, my thoughts need to turn to the Application for Criminal Rehabilitation. My questions are these..
What if i dont have any references who are upstanding members of the community? Im quite young and so i didnt establish any relationships with anyone who was a member of the police force, or any lawyers, or anything like that. The people back home who could give me references are just very average people occupationally, unemployed bums, carpenters, pizza delivery people etc. So they dont count.
What do i do if i have no references? Also, would i need references from people in Canada as this is now 'my community'? In Canada I certainly dont have 3 references, i havent made a large amount of friends here and definitely not with anyone who counts as upstanding occupationally.
Also, last night I started reading on this website about the Burgon situation. How interesting... I almost feel like there may be a small chink of light here.. I sadly accrued 3 convictions during 2 occasions. The first time I received two convictions and i was sentenced to 9 months in a Young Offenders Institute. I served 2.5 months, then was released with a tag around my ankle. This conviction was in 2002.
Secondly, i was convicted of something that I received a 2 year probation order and a fine for. This was in 2004, sentence ending in 2006.
Now... with regards to this Burgon thing, it seems a spent conviction in England may lead to not being inadmissible. My 2004 conviction would normally be spent but the first 2 convictions (which ran concurrently) overrule it.The first 2 convictions (and therefore the 3rd conviction also) will be spent in 2012, 10 years after the conviction date.
Does the Burgon thing only count for minor criminality? Because the first offence was Robbery, which isnt minor on paper. The final conviction was a serious sounding one on paper also. Is there hope for me in that sense?
If a conviction is spent, is that enough for it to be considered expunged in Canada, regardless of what the offence was, if the sentence was less than 2.5 years jail? This is the first thing that Im curious to know, I have a couple more questions too if anyone is kind enough to answer. I am feeling a bit weighed down by it all, in the first 4 months of next year I have a divorce coming up, money to spend on a lawyer in that sense, I have to get all of this stuff figured out and put together (by April) and I have to manage a business at the same time. Anyone who can help, I shall love you forever.
Thank you guys.. P.S. this website is FANTASTIC! Very helpful indeed.
Oct 21st 2010, 3:22 pm
#66
Joined: Jan 2006
Location: South Fredericton NB
Posts: 294
Re: UK Police Caution effects on Canada Immigration
You really need to find what the maximum sentence would be for the crimes had they been committed in Canada. I suspect the 10 year rule will come into play then. thats 10 years from when you completed your sentence not from the date of conviction (so mid 2014?).
If you have been running your own business, that will surely help as it will look good on paper, and i suspect you have plenty of people there you can ask for references, accountant, bank manager etc.
If you have been running your own business, that will surely help as it will look good on paper, and i suspect you have plenty of people there you can ask for references, accountant, bank manager etc.
Oct 21st 2010, 6:26 pm
#67
Just Joined
Joined: Oct 2010
Posts: 3
Re: UK Police Caution effects on Canada Immigration
Thank you for your prompt response marc.
I just want to clarify.. I thought that the time that has to elapse for a conviction to be spent in England is 10 years from date of conviction, and only in Canada is it X amount of time since date of SENTENCE COMPLETION that certain things apply. Is this right anyone? Also i guess a crime of robbery wold be punishable by a maximum sentence of 10 years, and the same for my other conviction. What are the ramifications of that?
I just want to clarify.. I thought that the time that has to elapse for a conviction to be spent in England is 10 years from date of conviction, and only in Canada is it X amount of time since date of SENTENCE COMPLETION that certain things apply. Is this right anyone? Also i guess a crime of robbery wold be punishable by a maximum sentence of 10 years, and the same for my other conviction. What are the ramifications of that?
Oct 21st 2010, 9:54 pm
#68
Forum Regular
Joined: Oct 2010
Location: Oldbury, UK
Posts: 30
Re: UK Police Caution effects on Canada Immigration
Thank you for your prompt response marc.
I just want to clarify.. I thought that the time that has to elapse for a conviction to be spent in England is 10 years from date of conviction, and only in Canada is it X amount of time since date of SENTENCE COMPLETION that certain things apply. Is this right anyone? Also i guess a crime of robbery wold be punishable by a maximum sentence of 10 years, and the same for my other conviction. What are the ramifications of that?
I just want to clarify.. I thought that the time that has to elapse for a conviction to be spent in England is 10 years from date of conviction, and only in Canada is it X amount of time since date of SENTENCE COMPLETION that certain things apply. Is this right anyone? Also i guess a crime of robbery wold be punishable by a maximum sentence of 10 years, and the same for my other conviction. What are the ramifications of that?
Nov 3rd 2010, 4:06 pm
#69
Just Joined
Joined: Oct 2010
Posts: 5
Re: UK Police Caution effects on Canada Immigration
as of 2008 a police caution is considered spent as soon as it is given. Check some other threads in this forum. You are not inadmissible for a caution, immigration officers now base uk convictions using the Rehabilitation of offenders act 1974 mainly due to the ruling in the burgon court of appeals case, if you're in doubt submit a rehab form and check off for information only and they will tell you this officially. Or check the numerous other people in this forum who are getting the same replies from different visa offices, things often change and consultants and even lawyers are not always aware of this. I personally spoke to an immigration officer to confirm this and recieved a signed stamped letter explaining the decision in full. Be wary of advice its always best to talk to someone who is currently employed by the immigration services the are lines of communication when you want to clarify certain things.
A caution is not a conviction in england it is merely an admission of guilt, if asked you should declare it but immigration officers are aware it is NOT a conviction, so you have NOT been in a court and been convicted of an offense, so you answer no i have not been convicted of any offense BUT i once received a caution
A caution is not a conviction in england it is merely an admission of guilt, if asked you should declare it but immigration officers are aware it is NOT a conviction, so you have NOT been in a court and been convicted of an offense, so you answer no i have not been convicted of any offense BUT i once received a caution
I emailed the embassy explaining my situation (I have a caution from 7 years ago for the equivalent of a summary offence in Canada) they advised to send in the forms with "information only" - so it seems that even though technically I am not inadmissable - that actually I am inadmissable as their website says "if you have ever committed an offence" you must submit the forms.
Thing is you need 3 references - no-one knows of my caution because I'm so ashamed of it and don't exactly shout it from the rooftops! It hasn't come up in my employment checks as it is spent caution, and I'm now working at a very reputable organisation. So it seems I will now have to confide in people who are writing the references - I know I'll be accepted as it was such a minor offence and spent in any case so i am a bit gutted to have to tell 3 people I know about this shameful part of my past!
I don't actually know who to ask either. Do you ask people you know purely on a professional level or can it be friends who are professionals? I don't actually know anyone to a decent enough level that I could confide in and who knows me well enough to write a reference.
Thanks
Jul 7th 2011, 4:19 pm
#70
Just Joined
Joined: Jul 2011
Posts: 2
Re: UK Police Caution effects on Canada Immigration
Hi all, just a quick question along similar lines to this thread. I got a caution in 2009 for theft and i'm just waiting on the return of my ACPO police certificate. The theft relates to me being on a stag night before my friends wedding and lifting a police jacket that was lying on the ground and drunkenly walking away wearing it and having a laugh until the police arrested me around the corner.
Realistically, whats the chances of getting into Canada with a caution for theft?
Realistically, whats the chances of getting into Canada with a caution for theft?
