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Work Permit Approved with Minor Criminal Record.

Work Permit Approved with Minor Criminal Record.

Old Dec 16th 2004, 3:37 am
  #1  
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Default Work Permit Approved with Minor Criminal Record.

Folks,

Just thought I would post this on here, it may help some people who are in a similar position to what I was a few months ago.

Basically, I was offered (I accepted) a new job in Canada in August last year, I’ve subsequently been through all the HRDC approval etc etc.

On the application form for a work permit, it asks whether you have ever been arrested in any country.

I was arrested and charged for being drunk and disorderly (fined £150) approx 6 years ago, so I listed this offence and attached the ORIGINAL (very important) criminal record obtained from any Police Station within the UK. I also gave a brief description of the incident i.e. friends 21st birthday etc.

After 10 days, I received a reply back from the High Commission approving my Work Permit on the grounds that the offence is now spent (5 years elapsed for this offence) within the UK, and a satisfactorily period of time has been passed since the offence. There was also some reference to a case (Burgon?) within Canada, which changed this ruling on inadmissibility in 1991. The High Commission also stated that I needed to keep a copy of the letter and show / use it on any subsequent paperwork for PR in the future.

So, my advice to anybody who has a blemish on there record when applying to work/live in Canada is to get your documentation all sorted out and be honest and open about any issues.

Hope this helps some people…

Thanks to all who gave me some advice on this forum, sure I will be on again soon !

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Old Dec 16th 2004, 7:26 pm
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Default Re: Work Permit Approved with Minor Criminal Record.

Originally Posted by Engineer.
Folks,

Just thought I would post this on here, it may help some people who are in a similar position to what I was a few months ago.

Basically, I was offered (I accepted) a new job in Canada in August last year, I’ve subsequently been through all the HRDC approval etc etc.

On the application form for a work permit, it asks whether you have ever been arrested in any country.

I was arrested and charged for being drunk and disorderly (fined £150) approx 6 years ago, so I listed this offence and attached the ORIGINAL (very important) criminal record obtained from any Police Station within the UK. I also gave a brief description of the incident i.e. friends 21st birthday etc.

After 10 days, I received a reply back from the High Commission approving my Work Permit on the grounds that the offence is now spent (5 years elapsed for this offence) within the UK, and a satisfactorily period of time has been passed since the offence. There was also some reference to a case (Burgon?) within Canada, which changed this ruling on inadmissibility in 1991. The High Commission also stated that I needed to keep a copy of the letter and show / use it on any subsequent paperwork for PR in the future.

So, my advice to anybody who has a blemish on there record when applying to work/live in Canada is to get your documentation all sorted out and be honest and open about any issues.

Hope this helps some people…

Thanks to all who gave me some advice on this forum, sure I will be on again soon !

Did you not have to submit a Criminal rehabilitation application????? Which High Commission did you submit your application at??? Did they give you an official letter of Rehabilitation????

Thanks in advance, Jameso
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Old Dec 16th 2004, 8:00 pm
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Default Re: Work Permit Approved with Minor Criminal Record.

Why waiting..apply to PR.
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Old Dec 16th 2004, 8:05 pm
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Default Re: Work Permit Approved with Minor Criminal Record.

Originally Posted by newbee
Why waiting..apply to PR.
Sorry, I am not sure I understand that reply. I cannot apply for PR until I have approval of criminal rehabilitation for a 6 year old Drink driving charge. I am eligible to apply for this in March 2005. I will be submitting my PR application at the same time. I was just wandering of the original poster here had to submit an actual application for criminal rehabilitation, or if a high commission just gave him a letter of rehabilitation without him/her submitting an APPLICATION for rehabilitation.

Thanks again, Jameso
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Old Dec 17th 2004, 12:16 am
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Default Re: Work Permit Approved with Minor Criminal Record.

Originally Posted by Jameso
Sorry, I am not sure I understand that reply. I cannot apply for PR until I have approval of criminal rehabilitation for a 6 year old Drink driving charge. I am eligible to apply for this in March 2005. I will be submitting my PR application at the same time. I was just wandering of the original poster here had to submit an actual application for criminal rehabilitation, or if a high commission just gave him a letter of rehabilitation without him/her submitting an APPLICATION for rehabilitation.

Thanks again, Jameso
Can any of the experts advise on the impact of the Burgeon case and the UK rehabiltation of offenders act on a Criminal Rehabilitation application??

I have trawled the internet and can find no useful info on it.

Thanks in advance,

Jameso
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Old Dec 17th 2004, 3:45 am
  #6  
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Default Re: Work Permit Approved with Minor Criminal Record.

Hi Jameso

Originally Posted by Jameso
Sorry, I am not sure I understand that reply. I cannot apply for PR until I have approval of criminal rehabilitation for a 6 year old Drink driving charge. I am eligible to apply for this in March 2005. I will be submitting my PR application at the same time. I was just wandering of the original poster here had to submit an actual application for criminal rehabilitation, or if a high commission just gave him a letter of rehabilitation without him/her submitting an APPLICATION for rehabilitation.

Thanks again, Jameso
Its like trying to compare apples and oranges. The original poster was convicted of an offence that is only proceeded summarily in Canada, therefor once 5 years have passed, with no other convictions, s/he is considered rehabilited. Impaired driving is a dual offence that can proceed either summarily or by indictment and CIC uses the punishment as if it was proceeded by way of indictment, so you require a formal rehabilitation.


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Old Dec 18th 2004, 3:47 am
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Default Re: Work Permit Approved with Minor Criminal Record.

Originally Posted by Jameso
Did you not have to submit a Criminal rehabilitation application????? Which High Commission did you submit your application at??? Did they give you an official letter of Rehabilitation????

Thanks in advance, Jameso

As PMM says, it is considered a summary conviction, therefore I didnt have to submit a rehabilitation application. The letter I receved back effectively explained that I am now considered 'rehabilitated' as over 5 years had elapsed i.e the length of time required under British Law for this type of offence.

I applied to the High Commission in London.

All I know regarding the Burgon case, is that happened on 21 February 1991 at the Federal Court of Appeal in Canada.

Good Luck.
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