urgent criminal record help
Apr 4th 2019, 6:30 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2018
Location: London
Posts: 74
urgent criminal record help
I sent this email to a Canadian immigration lawyer today. really late to the game but was sure we'd be ok after researching last year on here and other places in regards to deemed rehabilitation.
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
Apr 4th 2019, 8:54 pm
#2
BE Forum Addict
Joined: Apr 2013
Location: London, ON
Posts: 2,485
Re: urgent criminal record help
I sent this email to a Canadian immigration lawyer today. really late to the game but was sure we'd be ok after researching last year on here and other places in regards to deemed rehabilitation.
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
I doubt there is anything you can do to speed this up, but I would not expect it to take more that a couple of weeks for Canada to make their mind up about an ETA???
Perhaps there is an alternative travel plan? For you husband to even get on a plane he must have an ETA. I don't know if perhaps your husband could travel instead to the USA then cross by land border to Canada? He would need a US ESTA and I don't know what their policy is on criminal offices - perhaps much the same as Canada - so may not be an answer, but perhaps worth looking into.
Apr 4th 2019, 8:57 pm
#3
Forum Regular
Thread Starter
Joined: Mar 2018
Location: London
Posts: 74
Re: urgent criminal record help
I am not an expert on criminal rehab, I just hope that Former Lancastrian wanders along as he is very clued up on this.
I doubt there is anything you can do to speed this up, but I would not expect it to take more that a couple of weeks for Canada to make their mind up about an ETA???
Perhaps there is an alternative travel plan? For you husband to even get on a plane he must have an ETA. I don't know if perhaps your husband could travel instead to the USA then cross by land border to Canada? He would need a US ESTA and I don't know what their policy is on criminal offices - perhaps much the same as Canada - so may not be an answer, but perhaps worth looking into.
I doubt there is anything you can do to speed this up, but I would not expect it to take more that a couple of weeks for Canada to make their mind up about an ETA???
Perhaps there is an alternative travel plan? For you husband to even get on a plane he must have an ETA. I don't know if perhaps your husband could travel instead to the USA then cross by land border to Canada? He would need a US ESTA and I don't know what their policy is on criminal offices - perhaps much the same as Canada - so may not be an answer, but perhaps worth looking into.
Apr 4th 2019, 9:16 pm
#4
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,850
Re: urgent criminal record help
If he had 2 x convictions for common assault (separate offences) in 2005 and 2006 then he cannot be deemed rehabilitated as assault is an indictable offence and you can only have one indictable offence for deemed rehabilitation.
You may be deemed rehabilitated, depending on:
I am surprised IRCC have not contacted you in regards to the PR application and not requested more information about the convictions. The worst case scenario is that the PR application is refused and you would then need to submit an application for individual rehabilitation and then once that is granted then reapply for spousal PR.
https://www.canada.ca/en/immigration...nvictions.html
I certainly hoped he declared the 2 x convictions for assault in the PR application.
You may be deemed rehabilitated, depending on:
- the crime you committed
- how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
- 10 years for one indictable offence
- five years for two or more summary convictions
- whether you have committed one or more crimes and
- if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
I am surprised IRCC have not contacted you in regards to the PR application and not requested more information about the convictions. The worst case scenario is that the PR application is refused and you would then need to submit an application for individual rehabilitation and then once that is granted then reapply for spousal PR.
https://www.canada.ca/en/immigration...nvictions.html
I certainly hoped he declared the 2 x convictions for assault in the PR application.
Apr 4th 2019, 9:19 pm
#5
Forum Regular
Thread Starter
Joined: Mar 2018
Location: London
Posts: 74
Re: urgent criminal record help
If he had 2 x convictions for common assault (separate offences) in 2005 and 2006 then he cannot be deemed rehabilitated as assault is an indictable offence and you can only have one indictable offence for deemed rehabilitation.
You may be deemed rehabilitated, depending on:
I am surprised IRCC have not contacted you in regards to the PR application and not requested more information about the convictions. The worst case scenario is that the PR application is refused and you would then need to submit an application for individual rehabilitation and then once that is granted then reapply for spousal PR.
https://www.canada.ca/en/immigration...nvictions.html
I certainly hoped he declared the 2 x convictions for assault in the PR application.
You may be deemed rehabilitated, depending on:
- the crime you committed
- how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
- 10 years for one indictable offence
- five years for two or more summary convictions
- whether you have committed one or more crimes and
- if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
I am surprised IRCC have not contacted you in regards to the PR application and not requested more information about the convictions. The worst case scenario is that the PR application is refused and you would then need to submit an application for individual rehabilitation and then once that is granted then reapply for spousal PR.
https://www.canada.ca/en/immigration...nvictions.html
I certainly hoped he declared the 2 x convictions for assault in the PR application.
Apr 4th 2019, 9:20 pm
#6
Forum Regular
Thread Starter
Joined: Mar 2018
Location: London
Posts: 74
Re: urgent criminal record help
also would getting this lawyer involved make any difference? I am up a creek here. FML.
Apr 4th 2019, 9:25 pm
#7
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,850
Re: urgent criminal record help
Read this link on how to submit and what is required
https://www.canada.ca/en/immigration...-activity.html
Note: These applications can take over a year to process. Make sure you plan far enough in advance of your travel to Canada.
Apr 5th 2019, 11:22 am
#8
BE Forum Addict
Joined: Jun 2015
Location: Vancouver BC
Posts: 1,706
Re: urgent criminal record help
I sent this email to a Canadian immigration lawyer today. really late to the game but was sure we'd be ok after researching last year on here and other places in regards to deemed rehabilitation.
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
I am a Canadian citizen living in London with my British common law partner. We are almost at the 12 month mark for our outland family sponsorship application for permanent residency. In preparation for this we were planning to head to Canada under dual intent before getting the PR in order to settle our two year old a little bit and for myself to find a job.
We have sold our property and moved our funds as we were due to fly on March 22nd. I discovered on March 21st when I went to check in online that my partners eTA (which we got less than a year before) had expired because his passport was renewed in November. I feel like a complete idiot for not even thinking about it but in my mind the eTA was good for five years and it never crossed my mind that we needed a new one.
So, we applied for one, and given we now have a PR application in we were truthful about his criminal record and so were asked for a copy of his police certificate. This took several days to obtain and we uploaded it to the IRCC on March 26th. We had been re-booked on a new flight for March 29th, which obviously, we had to change again and are now booked on a flight for April 9th.
My mother (in Canada) contacted her local MP last week in regards to this and we received an update from them yesterday saying the application was sent for checks due to possible criminality, which we already knew.
His offences (there are two of common assault) are from 2005 and 2006 and he completed his sentence - a three month and a 12 month probation order respectively - in 2007. He also received a police caution for possession of cannabis in 2008 but was not arrested for this and my understanding is that this is not an offence in Canada anymore.
I am under the impression that he will be deemed rehabilitated because the offences (and subsequent sentence) are more than 10 years old.
Given we are now jobless and homeless and living on an airbed in my in-laws living room I am trying to see if there is any way possible to make the process of obtaining his eTA any faster. They have given us no timeline so we don't even know how long it could possibly take - which is extraordinarily frustrating.
My mother has suggested contacting you after finding your details online to see what our options are and if indeed you are able to help at all? I know that we are not able to contact IRCC except by webform which I have done several times already but am hoping an immigration lawyer may have other ways of contacting them?
If you can please let me know if there is any way to speed up the process we would obviously be very interested in this.
--
the lawyer is saying he will charge us $750USD to write a letter of eligibility as he says that if there are TWO charges of common assault my other half will NOT be deemed rehabilitated.
PLEASE IF ANYONE KNOWS IF THIS IS TRUE OR NOT??????
Thank you
Apr 5th 2019, 11:45 am
#9
SUPER MODERATOR
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,035
Re: urgent criminal record help
If he told the truth on his last ETA and was granted it, then this one should come back granted too, it just may take a little while for them to check it out, but hopefully you'll have it soon.
Good luck.
