Brit needs help

[SB1980]

hello all

I shall keep it short and sweet. I am looking to apply to move to Canada from London.

I had a conviction of driving over prescribed limit of alcohol in 2005 got a ban of a year, in 2009 I got done for failure to provide and my ban ends in 5 months so will probably apply my application then (I know I was young and stupid before anyone starts!).
However I have turned my life around since then by settling down and obtained a post graduate degree too!

my first skill that means I could apply under Federal Skilled Worker (without a job offer as long as i have nearer $12000 in the bank) or for my 2nd skill (different area also in shortage but not covered by federal skilled worker) but I would need to study/work further (1yr atleast maybe more) so my prior learning and skills are accepted by the Canadian professional body requirements (hence i have 2 useful skills I can apply in Canada)

Due to my past mistakes I think I might be inadmissible for study, federal skilled worker, and others and so have to apply for Temporary Residence PERMIT (not visa).

Can someone advice me? Am I inadmissible? What can I do? What is my best option? What is all this rehabilitation about? Thank you in advance.

 

[scylla]

It definitely sound like you are inadmissible at this time. Your best bet would be to verify with a Canadian immigration lawyer to see how your second conviction is classified in Canada.

If you are inadmissible, then you will have to wait until five years have passed since the completion of your sentence (i.e. sometime in 2017 or 2018 since your ban finishes in five months). At this point you would then qualify for rehabilitation.

Forget about the TRP. They are very difficult to get and only granted in special circumstances (i.e. you are inadmissible to Canada and have a parent living here who is ill and will likely pass away soon - and you want to visit).

In short, if you are inadmissible, you will have to wait until 2017 or 2018 before you can move to Canada or even come here as a visitor.

 

[scylla]

my first skill that means I could apply under Federal Skilled Worker (without a job offer as long as i have nearer $12000 in the bank)

Just a bit of added information...

This part of the Federal Skilled Worker program is actually closed (not accepting applications) until sometime early next year. FSW applications are only being accepted at this time for individuals with job offers in Canada or those who qualify under the PhD stream. There may be some shift in the eligibility rules when FSW re-opens early next year.

 

[SB1980]

It definitely sound like you are inadmissible at this time. Your best bet would be to verify with a Canadian immigration lawyer to see how your second conviction is classified in Canada.

Thank you very much Scylla

Just done some more reading and my second offence come under 254(5) of the Canadian Criminal Code. This comes under a 'Hybrid' offence so is not indictable?

Interestingly enough it seems my first offence is a Hybrid too? by the way the breath limit in Canada is 80mg/ml (I blew way below this in UK) as in England it is 35mg/ml (so less than half). Would immigration look at the reading?

 

[PMM]

Hi

Thank you very much Scylla

Just done some more reading and my second offence come under 254(5) of the Canadian Criminal Code. This comes under a 'Hybrid' offence so is not indictable?

Interestingly enough it seems my first offence is a Hybrid too? by the way the breath limit in Canada is 80mg/ml (I blew way below this in UK) as in England it is 35mg/ml (so less than half). Would immigration look at the reading?

Hybrid offences are equated as if you would have been convicted by Indictment in Canada.

 

[SB1980]

Hi


Hybrid offences are equated as if you would have been convicted by Indictment in Canada.

I don't know what to do now, I scored over 70 on the immigration self assessment and the pass mark is 67.

Would a solicitor make much difference? Is my best option really waiting 5 years?

 

[scylla]

A solicitor could have made a difference by having the charges overturned back when you were charged. But it's obviously far too late now.

Looks like you're in for a 5 year wait.

Sorry.