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Criminal checks

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new-life
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Criminal checks

Post by new-life » Wed Nov 25, 2009 11:22 am

Hi

I am in the process of Canadian immigration application under the skills category as I have sufficient points and fall under one of the 38 skills list.

All is great apart from a sickening worry I have over a criminal check.

Several years ago I was attacked by some complete stranger under the influence of narcotics with an iron bar...I fought back and got the better of him and in the process knocked out his two front teeth.

I was arrested and charged with ABH and freed under a police caution even though I was only defending myself.

Never thought any more until now.

Does anyone have any idea if this will scupper my application???

Thank you.

segex
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Post by segex » Fri Dec 11, 2009 8:28 am

I'v got similar worries on driving issues. I was disqualified by d magistrate court for like 6months, sometimes ago and it reflects on my crb check. I was told by the citzn adv b., that it would take 99yrs! to be removed frm my record nevrthelss, that i latter got my full UK DL

I hope they'l not look at both as serious offences, like sxx offenders, drugs, muders, theft, robbery... etc

ABH is lesser to GBH. Let's Just hope. :roll:

Maxies
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Post by Maxies » Sun Jan 03, 2010 2:43 am

ABH is a serious offense in Canada (up to 10 years in jail).


For immigration purposes, your chances to get PR card is very thin unless you get a pardon from your government and the offense is not shown on your police certificate. Even there, if the Canadian government finds out this information in any ways ( police sharing information between countries), they will probably refuse you a PR and ban you forever. If you got a PR with a clan certificate and have not tell the truth to immigration officers, the Canadian government may expel you anytime once in Canada if they discover the truth ( if you get a Canadian citizenship, it will be revoked). it's better to tell them the whole truth, the only risk is to be refused a PR card. Americans are more permissive if you have not served jail time, not in Canada.

For visit purposes, you may apply to get rehabilitated by the Immigration officials if the crime occurred more than 5 years ago. Fees are high up to $1000 depending on the crime and the application may take up to year to get processed. You may be denied entry at the end forever.

Sorry for you.

crownvictory
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Post by crownvictory » Wed Feb 24, 2010 6:59 pm

Maxies wrote:ABH is a serious offense in Canada (up to 10 years in jail).


For immigration purposes, your chances to get PR card is very thin unless you get a pardon from your government and the offense is not shown on your police certificate. Even there, if the Canadian government finds out this information in any ways ( police sharing information between countries), they will probably refuse you a PR and ban you forever. If you got a PR with a clan certificate and have not tell the truth to immigration officers, the Canadian government may expel you anytime once in Canada if they discover the truth ( if you get a Canadian citizenship, it will be revoked). it's better to tell them the whole truth, the only risk is to be refused a PR card. Americans are more permissive if you have not served jail time, not in Canada.

For visit purposes, you may apply to get rehabilitated by the Immigration officials if the crime occurred more than 5 years ago. Fees are high up to $1000 depending on the crime and the application may take up to year to get processed. You may be denied entry at the end forever.

Sorry for you.
Hi Maxies,

Please, do u think i can enter Canada as a student (going for MBA), from Uk? My CRB is showing driving offences since 2007 (driving while disqualified, resisting constable....) and sentence to 80hrs of Unpaid work....?

johnsienk
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Post by johnsienk » Sun Feb 28, 2010 2:49 pm

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 10:56 am, edited 1 time in total.

Maxies
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Post by Maxies » Sun Mar 07, 2010 3:17 am

crownvictory wrote:

Hi Maxies,

Please, do u think i can enter Canada as a student (going for MBA), from Uk? My CRB is showing driving offences since 2007 (driving while disqualified, resisting constable....) and sentence to 80hrs of Unpaid work....?

Hi crownvictory,

Driving while suspended as it is called in Canada is an offense, but not a serious one if it happened only once (convictions may differ depending on the provincial jurisdiction). It should not prevent you from entering the country.

Resisting a police officer is also an offense. In Canada, you may be convicted up to 6 month in prison. This offense might prevent you from entering the country. It's up to the immigration officer to determine if he can deliver a student visa or not.

You do not have to submit a police certificate when applying for a student visa. Once received, immigration officers will read all your answers on your application and determine if they need a police certificate. They may also decide on a random basis to ask you a police certificate or any document they want before delivering a student visa.

I would suggest you not to lie or hide any information since both offenses are not serious in Canada as long as it happened only once. If they do ask you any further details, you need to tell them how you have changed and understood the gravity of your past actions.

I wish you success for your MBA in Canada !

PS : please, do not try to drive with a suspended driver's licence in Canada, you may be expelled from the country and banned from entering again if caught.

For PR, any criminal offense such the ones indicated may be a reason to refuse residence in Canada, unless you show a clean police certificate.

crownvictory
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Post by crownvictory » Sun Mar 07, 2010 6:30 pm

@Maxies.
Thank u. v. much for your detailed explanation and encouragement.
God bless U.

crosso88
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Post by crosso88 » Thu Apr 01, 2010 3:23 am

Maxies

Hi, I am currently in the process of applying for CCUSA Summer Camp work in Canada

On my ACPO form I have ticked 'yes' to the first question which is 'Have you ever been arrested or dealt with, by way of caution/warning/reprimand, or been convicted of a criminal offence in the UK'

Basically about 4 years ago, British Transport police stopped a group of us in Leeds train station 'acting mischieviously and for basic drunken tomfoolery'...basically a friend threw a wet floor cone about, and we were just acting like idiots. The matter was settled over the next couple of weeks, and I do not recall getting an official caution, wasn't finger printed, dont think recall recieving any paperwork or anything. But the fact it actually happened, I clicked yes on the form. Just wondering if you have any experience or knowledge as to whether this will effect my CRB check and ultimately entrance into Canada on a working holiday visa?

I'd hate for everything to be ruined because of one stupid incident! We were all young once werent we?!

wangyinglena
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Post by wangyinglena » Thu Apr 22, 2010 4:26 pm

Hi guys,
I have similar concerns as I am trying to getting into Australia but the embassy requires a police check (ACRO). I did apply for it. I ticked yes to the question asking whether I have had any conviction, as I had 6 penalty points of driving without insurance.
My ACRO certificate just came back today. Surprisingly it shows clean record. I dont know whether it is because driving without insurance is not regarded as a serious criminal offence thus they don't bother to report it, or is it because I changed my passport so the passport number I use now is different from the one which my record might be on. I am not doing this intentionally I sware!!! It is just my old passport expired two years ago!!....
do you guys think I should just go ahead and say i don't have any record on my visa application form? Or shall I report yes but provide this certificate as prove?
Thanks guys!

crosso88 wrote:Maxies

Hi, I am currently in the process of applying for CCUSA Summer Camp work in Canada

On my ACPO form I have ticked 'yes' to the first question which is 'Have you ever been arrested or dealt with, by way of caution/warning/reprimand, or been convicted of a criminal offence in the UK'

Basically about 4 years ago, British Transport police stopped a group of us in Leeds train station 'acting mischieviously and for basic drunken tomfoolery'...basically a friend threw a wet floor cone about, and we were just acting like idiots. The matter was settled over the next couple of weeks, and I do not recall getting an official caution, wasn't finger printed, dont think recall recieving any paperwork or anything. But the fact it actually happened, I clicked yes on the form. Just wondering if you have any experience or knowledge as to whether this will effect my CRB check and ultimately entrance into Canada on a working holiday visa?

I'd hate for everything to be ruined because of one stupid incident! We were all young once werent we?!

wangyinglena
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Post by wangyinglena » Thu Apr 22, 2010 4:29 pm

completely empathetic!
my driving w/o insurance was just purely due to that I was new to UK at that time and I rushed to buy a 2nd hand car immediately after arriving, before knowing that this country requires insurance to be beforehand. Then I had an accident when driving the newly bought car back home and was caught by police. I still hate recalling this experience. It was just too scary...
sigh...hope visa officers are empathetic too....
crosso88 wrote:Maxies

Hi, I am currently in the process of applying for CCUSA Summer Camp work in Canada

On my ACPO form I have ticked 'yes' to the first question which is 'Have you ever been arrested or dealt with, by way of caution/warning/reprimand, or been convicted of a criminal offence in the UK'

Basically about 4 years ago, British Transport police stopped a group of us in Leeds train station 'acting mischieviously and for basic drunken tomfoolery'...basically a friend threw a wet floor cone about, and we were just acting like idiots. The matter was settled over the next couple of weeks, and I do not recall getting an official caution, wasn't finger printed, dont think recall recieving any paperwork or anything. But the fact it actually happened, I clicked yes on the form. Just wondering if you have any experience or knowledge as to whether this will effect my CRB check and ultimately entrance into Canada on a working holiday visa?

I'd hate for everything to be ruined because of one stupid incident! We were all young once werent we?!

potterbond007
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Post by potterbond007 » Fri Apr 30, 2010 7:36 pm

Basically the rule in Canada is quite simple for anyone with a criminal record. If you have served equivalent jail time or any other punishment that is more than or equal to the punishment that you could incur while committing the same crime in Canada, you could get a pardon from the Canadian Govt/ Embassy which you could keep while filing your application. I would suggest all of you report any offences you have committed to the Canadian Consulate before going in for an application and ensure that you are eligible for a pardon. The Consulate could also suggest ways in which you could be termed as "rehabilitated". not so serious offences also need to be reported and checked if pardon/rehabilitation is available.. If no offences come up when a police check is done on you, then you are fine.. Do contact a CSIC licensed member for more information.. Thanks..

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