Canada with a record

Old Nov 11th 2013, 10:40 pm
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Default Canada with a record

Ok. So these questions have probably been asked a million times and my head is swimming with so much conflicting information.

Only yesterday a mate of mine asked me to come to Canada as a truck driver on the pnp scheme. It's what he's on.

Now. I have a criminal record. A caution for common assault over 5 years ago. Also a conditional discharge for tacho offences. Also just over 5 years ago. You already know the question I'm going to ask. Would the Canadian authorities deem me not inadmissable to enter as my offences are minor.

The usual nonsense with the caution. Police said take the caution and if you stay out of trouble it doesn't show on your record. I now know that this is utter tosh. I would probably have fought it in the courts as I was only dragging a young bloke away from my car who was kicking it. Anyway, I'm rambling.

The second question is would there be any trucking companies in Canada employ me with my record? I have not mentioned this to my friend just yet as I wanted to get my head around everything first.

I know there are a million places to look at this type of information but started this thread so any help I get will all be in one place.

I very much hope that someone can shine a little light on what has been giving me headaches all day.
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Old Nov 12th 2013, 8:08 am
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Default Re: Canada with a record

First question is whether you're inadmissable to Canada (even for a holiday).

After 5 years have passed you can apply for criminal rehab, that can take up to a year to obtain. Maybe start reading here for info, and I'd also suggest you post this in the Canadian immigration forums so that you can get the pros opinions.

http://www.cic.gc.ca/english/informa...conviction.asp

Good luck.
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Old Nov 21st 2013, 7:54 pm
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Default Re: Canada with a record

If it is only a caution they may not view it as an conviction but it you can erase it through rehab go for that to be on safe side.You still obtain a temp work visa and work in Canada ,it took me 2 yrs 6 months to get my PR and no-one asked me whilst on a temp. work visa for my police records until the PR application .

Last edited by neilcumming; Nov 21st 2013 at 8:20 pm.
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Old Nov 22nd 2013, 7:19 pm
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Default Re: Canada with a record

Originally Posted by neilcumming View Post
If it is only a caution they may not view it as an conviction but it you can erase it through rehab go for that to be on safe side.You still obtain a temp work visa and work in Canada ,it took me 2 yrs 6 months to get my PR and no-one asked me whilst on a temp. work visa for my police records until the PR application .
Although it should be pointed out that the onus is on the traveller to know the rules when entering Canada - just because a police cert isn't asked for doesn't mean somebody can enter Canada and work if they're inadmissible.

You've only got to look at the CBSA most wanted page in their website to see the number of people who entered Canada when they shouldn't have!
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Old Nov 22nd 2013, 8:29 pm
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Default Re: Canada with a record

Originally Posted by christmasoompa View Post
Although it should be pointed out that the onus is on the traveller to know the rules when entering Canada - just because a police cert isn't asked for doesn't mean somebody can enter Canada and work if they're inadmissible.

You've only got to look at the CBSA most wanted page in their website to see the number of people who entered Canada when they shouldn't have!
Im only saying I worked in Canada on a work permit for 2yrs 6 months and no-one asked me for a police check.He could work in Canada on work permit and wait for his rehab to come thru,its an option,having said that I meet brits who were working without work permits and drivers who were supposed to be doing long haul doing day runs .
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Old Nov 23rd 2013, 4:31 pm
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Default Re: Canada with a record

Originally Posted by neilcumming View Post
Im only saying I worked in Canada on a work permit for 2yrs 6 months and no-one asked me for a police check.He could work in Canada on work permit and wait for his rehab to come thru
If somebody is inadmissible (which I don't think the OP is personally), then they cannot enter Canada for any reason, even a holiday.

So entering Canada and waiting for rehab would mean he'd entered when he shouldn't have done, never a good idea! Whether a police cert is required is nothing to do with it, the onus is on the traveller to know if they should or shouldn't enter Canada.

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Old Nov 24th 2013, 7:03 pm
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Default Re: Canada with a record

[QUOTE=christmasoompa;11004342]If somebody is inadmissible (which I don't think the OP is personally), then they cannot enter Canada for any reason, even a holiday.

So entering Canada and waiting for rehab would mean he'd entered when he shouldn't have done, never a good idea! Whether a police cert is required is nothing to do with it, the onus is on the traveller to know if they should or shouldn't enter Canada.

www.gov.uk/caution-warning-penalty Check this out apparently a caution is not a criminal conviction,as I said no-one asked me for police check when I entered Canada ,hey they got a mayor here who smokes crack cocaine so I wouldnt worry about it.
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Old Nov 24th 2013, 7:13 pm
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Default Re: Canada with a record

Originally Posted by neilcumming View Post
www.gov.uk/caution-warning-penalty Check this out apparently a caution is not a criminal conviction
I never said it was - in fact, I specifically said I think the OP *isn't* criminally inadmissible to Canada (although he'd probably need rehab due to the conditional discharge). Although the UK rules on cautions mean diddly squat when it comes to Canadian immigration, it's only Canadian law that matters then. CIC seem to object to cautions sometimes and other times don't count them, you never can tell.

Originally Posted by neilcumming View Post
as I said no-one asked me for police check when I entered Canada
And as I said, they won't have done - but the onus is on the traveller to know whether or not they should be entering Canada or not. Just because a police cert isn't asked for doesn't mean somebody that's just spent 10 years in prison should be entering Canada!

It's great that you got PR without having a problem, but a lot of the time when people enter Canada to work on a TWP (or to study on a study permit etc) when they shouldn't have done, it can come back to bite them when they apply for PR.

Originally Posted by neilcumming View Post
hey they got a mayor here who smokes crack cocaine so I wouldnt worry about it.
Very true!
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Old Nov 24th 2013, 7:59 pm
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Default Re: Canada with a record

I think greg will be ok but i agree with you about 10yrs in jail.I know a ex-army guy who got jail in the army ,didnt show on his discharge ,sailed through his PR,so it is abit of a hit n miss
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Old Dec 13th 2013, 11:06 pm
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Default Re: Canada with a record

One of my mates got his PR in SK even he was in jail back in UK and he wrote all details about that to his PR application. He lives here with his wife and kids over ten years now.
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Old Dec 14th 2013, 2:23 pm
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Default Re: Canada with a record

Originally Posted by Milanuk View Post
One of my mates got his PR in SK even he was in jail back in UK and he wrote all details about that to his PR application. He lives here with his wife and kids over ten years now.
Your mate was lucky,I think it all depends on the person processing the PR application,if they are having a good day or bad day.I had to send 9 criminal checks from Canada,UK and Scotland because my son had a "good behavior order" from the court,no convictions .We eventually had to wait until the order finished and send them a clear criminal check.
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