Work permit and criminal conviction
#1
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Joined: Mar 2015
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Work permit and criminal conviction
Hello,
This isn't exactly an IEC question but as it's about a work permit application I thought someone may be able to help me? I am an occupational therapist from the UK hoping to emigrate to Canada. However I have an historical conviction from the UK (details below). I have passed the necessary NOTCE exam, and am now registered with the British Columbia provincial OT body so can now apply for jobs. My route into Canada is to get a job offer and then apply for a work permit. I have looked into what my conviction means for immigration before and I thought I would be deemed rehabilitated due to the nature of the offence and the time elapsed, however upon applying for jobs I have been asked about the status of my conviction regarding pardoning. I have been unsure how to respond with each application as the conviction is considered 'spent' in the UK and I believe would also be considered so in Canada, but I now feel that not having a pardon would be detrimental to my applications for jobs? I am currently looking into whether I need to apply for rehabilitation from Canadian Immigration as I understand a pardon only applies to Canadian convictions.
30th August 2001
• Possessing controlled drug – class A – MDMA
• Possessing controlled drug – class B – Cannabis Resin
On 24th August 2001
Conditional discharge 12 months
£100 costs
This isn't exactly an IEC question but as it's about a work permit application I thought someone may be able to help me? I am an occupational therapist from the UK hoping to emigrate to Canada. However I have an historical conviction from the UK (details below). I have passed the necessary NOTCE exam, and am now registered with the British Columbia provincial OT body so can now apply for jobs. My route into Canada is to get a job offer and then apply for a work permit. I have looked into what my conviction means for immigration before and I thought I would be deemed rehabilitated due to the nature of the offence and the time elapsed, however upon applying for jobs I have been asked about the status of my conviction regarding pardoning. I have been unsure how to respond with each application as the conviction is considered 'spent' in the UK and I believe would also be considered so in Canada, but I now feel that not having a pardon would be detrimental to my applications for jobs? I am currently looking into whether I need to apply for rehabilitation from Canadian Immigration as I understand a pardon only applies to Canadian convictions.
30th August 2001
• Possessing controlled drug – class A – MDMA
• Possessing controlled drug – class B – Cannabis Resin
On 24th August 2001
Conditional discharge 12 months
£100 costs
#2
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Re: Work permit and criminal conviction
If both offences arose out of the same incident and there is only one conviction then provided you have paid the fine in full then you will be deemed rehabilitated.
Section 36(2)(b) IRPA
having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament
Section 36(2)(b) IRPA
having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament