Criminal Rehabilitation>>>?????????????

[TIREDOFITALL]

I was just wondering........... I am sponsoring my husband with an inland application which will surely get denied because of criminality and we will apply for TRP as well. However he will be eligible for a Rehab application probably around the same time he is denier PR due to criminality. Do we just submit a Rehab application at that time or do we still go ahead with the TRP. Also,I know that crimes outside of Canada that are not crimes in Canada are not grounds for inadmissability but what if AT the time the offense was committed outside of Canada(ie. 5 yrs ago) Canada did NOT consider it an offense.

[rjessome]

I was just wondering........... I am sponsoring my husband with an inland application which will surely get denied because of criminality and we will apply for TRP as well. However he will be eligible for a Rehab application probably around the same time he is denier PR due to criminality. Do we just submit a Rehab application at that time or do we still go ahead with the TRP. Also,I know that crimes outside of Canada that are not crimes in Canada are not grounds for inadmissability but what if AT the time the offense was committed outside of Canada(ie. 5 yrs ago) Canada did NOT consider it an offense.

Apply for the TRP otherwise your husband will be ordered to leave.  Regarding your question about the criminal charge committed outside of Canada, that is a good question.  My instinct would be that they will compare the offence to the CURRENT Criminal Code of Canada and make an assessment based on that.  However, perhaps PMM could offer more information.

[PMM]

Hi

Apply for the TRP otherwise your husband will be ordered to leave.  Regarding your question about the criminal charge committed outside of Canada, that is a good question.  My instinct would be that they will compare the offence to the CURRENT Criminal Code of Canada and make an assessment based on that.  However, perhaps PMM could offer more information.

It always depends on the overseas crime.  If there is no comparison to a Canadian offense then it is not considered a crime in Canada.  Although CHC/CIC can and will equate it to a Canadian offense if that is possible.  An example would be blasphemy which is an offense in a number of countries, but there is no Canadian equivalent, so the person would not be inadmissible.

[rjessome]

Hi

It always depends on the overseas crime.  If there is no comparison to a Canadian offense then it is not considered a crime in Canada.  Although CHC/CIC can and will equate it to a Canadian offense if that is possible.  An example would be blasphemy which is an offense in a number of countries, but there is no Canadian equivalent, so the person would not be inadmissible.

The way I read the OP's question was that at the time the offence occurred, it was not considered a crime in Canada.  But perhaps now it is?  Anyway, it seemed to me that they were asking if it would be compared to the CCC that was in place at the time the crime was committed outside of Canada or now, to the current CCC when assessing the immigrant application.  I'm thinking the comparison would be to the current CCC, not the one in effect at the time of the offence.  Is that correct?

[PMM]

Hi

The way I read the OP's question was that at the time the offence occurred, it was not considered a crime in Canada.  But perhaps now it is?  Anyway, it seemed to me that they were asking if it would be compared to the CCC that was in place at the time the crime was committed outside of Canada or now, to the current CCC when assessing the immigrant application.  I'm thinking the comparison would be to the current CCC, not the one in effect at the time of the offence.  Is that correct?

Yes

[rjessome]

Hi

Yes

Thanks!

[BAAS]

Do they recognize UK convictions as spent per the Rehabilitation of Offenders Act 1974?