UK CITIZEN FORESEES HAVING PROBLEMS WITH POLICE REPORT

[DanTanner]

HELLO,

I thought my Canadian Visa was going to be fairly straightforward, I am 28 my girlfriend (a Canadian citizen is 29) She has recently moved back to Canada and I was due to follow. I have a police caution for theft in 2003 - following a disagreement in a student household - I recieved an 80 pound fine in 2005 for breaking a fight up outside a bar - and last year I was questioned for a theft allegation - no charges were applied - I was merely questioned with no further action. I am a restaurant manager by trade and have handled thousands of pounds worth of stock and cash in my career and am of good character. Our Canadian lawyer has said that my case does not look good - AM I GOING TO BE DENIED A VISA - I am of good character and have no convictions - I have one police caution - however all of the previous mentioned three things are on my national identification print out. My girlfriend is sponsoring us and we already have an apartment and she has a job in Vancouver.

Is there a chance I will not be allowed entry and ultimately we are seperated ?

[AMB]

There's no straight/sure answer for this one.  You admittance as a visitor is totally up to the officials at the airport.

I know of people who have been questioned about their criminality at the airport, but still were admitted.  Some were strictly told to bring documentation the next time they entered.  I would just get police reports showing the charges, and that you were cleared, or paid or whatever the details are.  It should be fine.

I think it will be fine when you enter, as long as you don't say you are coming to live here.  Just say you are visiting your wife.

I think it's possible that it will hold up your application- for example, if apps processed in the UK for spouses generally takes 6 months, yours most likely will take at least a couple more months while they investigate the criminality.

Spouses/common law partners are exempt from meeting the medical/criminal requirements for Permanent Residence, so no, you won't be denied (for this reason, at least).  I am almost certain it will hold up your application though.

[RobsLuv]

Spouses/common law partners are exempt from meeting the medical/criminal requirements for Permanent Residence, so no, you won't be denied (for this reason, at least).  I am almost certain it will hold up your application though.

This statement is absolutely, positively, unquestionably WRONG . . . spouses/common-law partners are exempt from meeting most medical requirements - but they are absolutely NOT exempt from meeting criminal requirements!  Canada has zero tolerance for criminality of any kind - no matter how insignificant the offence might seem.  If you got arrested, you're "bad" . . . period (not my judgment AT ALL, believe me.)  IF you have a criminal record, you are going to have to meet the rehabilitation requirements before you are eligible to immigrate.  Frankly, trying to immigrate when you have anything on your criminal clearance is a cr @ p shoot . . . they're going to delay processing for months while they determine the equivalency of your charge/conviction to Canadian law . . . in other words, assume the offence had happened in Canada, how would you have been sentenced in Canada?  Then depending on the "Canadian equivalent" sentence, and how long ago you satisfied whatever restitution you were ordered to make at home, they will determine whether you are eligible to be "deemed rehabilitated".  It's very complicated and very subjective. 

My advice: get all of the information pertaining to ALL of your offences put together, get your criminal clearances so you know what shows up on your record, and have your partner meet with a qualified Canadian immigration attorney BEFORE you submit any PR application and BEFORE you give up your life in the UK and come to Canada.  It's imperative that you know where you stand because, if you are eligible to be deemed rehabilitated, you're better off to submit the paperwork to get that certification first - and then include it with your PR ap.  If you leave your "deemed rehabilitated" to some VO who's assessing your permanent resident application and they're not comfortable with making a favourable decision on your behalf you'll be looking at months and months of delays, and then a refused application that you'll have to wait even longer to satisfy in an appeal (IF you win the appeal).  Take my word for it - criminality, even if it isn't your own (I got refused because my adult son, who isn't even immigrating to Canada, has a criminal record - read my profile signature) is a serious issue and you do not want to go into this process with any misconceptions about where you stand in that regard.  Don't put yourself at a disadvantage - be informed and put yourself in the best possible position before you put yourself at their mercy . . . otherwise you'll be banging your head against a brick wall for years.