"Immigration & criminal inadmissability"

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genie_rose Click to EMail genie_roseClick to check IP address of the poster 14-Dec-00, 08:09 PM (GMT)
"Immigration & criminal inadmissability"
I am currently engaged to marry a Canadian. I have a British passport and will be residing and working in England until I can go to Canada permanently. Up until now I've been a permanent resident of Australia, and am moving to Britain to be closer to my fiancee. I have 2 convictions in Australia (1 in 1993 and 1 in 1998) for possession of marijuana. In both cases I was convicted and paid a fine only. My question is: in what order should I do my applications for PR in Canada? Should I apply for criminal rehabilitation first, even though it's not 5 years since my conviction? Can I apply for both the criminal rehabilitation and immigration under family class at the same time? Would it be better if my fiancee and I married rather than just being engaged? What would be the possibility of my being granted a visitors visa to Canada and then applying inland for immigration.

I thank you very much for any assistance you may be able to give me as already we have been apart for 12 months and it's driving us both nuts.

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RE: Immigration & criminal inadmissability, dcohen, 15-Dec-00, (1)

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dcohen Click to EMail dcohenClick to view user profileClick to check IP address of the poster 15-Dec-00, 08:10 PM (GMT)
1. "RE: Immigration & criminal inadmissability"
It is possible to apply for immigration and criminal rehabilitation concurrently, or for criminal rehabilitation prior to immigration. It is not advisable to apply for immigration without evidence of a pending rehabilitation application, as that could result in refusal of the application.

A rehabilitation application which is submitted prior to the conclusion of five years after the conclusion of the sentence could be refused automatically.

Your eligibility as a visitor could be affected the presence of a criminal record, as well, and could result in in admissibility. If you are admitted and marry, it may be possible to then proceed with an inland application.
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