Criminal Convictions

[simonvee]

Does speeding (not excessive) and drink driving (not excessive) count as criminal convictions when filling out the application?

 

[barsindoo]

If you have been convicted in a court of competent jurisdiction, yes.

If not it might not be on your file.

Which one is it, caution or conviction?

 

[PMM]

Hi

Does speeding (not excessive) and drink driving (not excessive) count as criminal convictions when filling out the application?

1. Speeding is not a criminal conviction.
2. Impaired driving is a criminal conviction and renders you inadmissible as a visitor or an Immigrant.

PMM

 

[MarkCan]

In short, anything can comes up as a "RECORD" on your certificate is a conviction. Your status should show "NO RECORD" for CIC to consider your application.

 

[barsindoo]

well if it is on your record, then you have reveal it when completing the forms.

goodluck.

 

[simonvee]

Will this have a significant affect on my application?

 

[PMM]

Hi

Will this have a significant affect on my application?

Yes, you are now inadmissible for criminality.

PMM

 

[jes_ON]

Canadian law is different - a drunk driving conviction is a criminal offense. If you think it is erased from the record, apply for a copy and find out.

You can apply for "rehabilitation" after 5 years, but that can take up to a year BEFORE you apply for PR.
http://www.cic.gc.ca/ENGLISH/visit/faq-inadmissibility.asp

You apply to the nearest visa office. If you are in the USA,
http://www.canadainternational.gc.ca/buffalo/imm/inadmissible_cr-interdiction_ar.aspx?lang=eng

 

[simonvee]

I went to the police station today and asked them about the drink driving incident. I was over the limit of 0.05, BUT under the conviction limit of 0.08 where I have to go to court. This means that it appears on my 'traffic infringment' record but it is not on my CRIMINAL RECORD.

So when I apply for a visa I would get a 'police clearance' and record will be unblemished. Although with regards to speeding, illegal parking and minor offences of drink driving, etc my 'traffic infringement' records will display that I have drunk and drove. What I want to know is do they require a traffic infringment record for visa applications? I think the police clearance is suffice. I mean.... traffic infringement shows that someone has speeded over the limit (ofcourse not 60 km over the speed limit, otherwise it will be criminal, same with drink driving). I'm sure most people have speeded and got a ticket and was successful with their visa application. Share your thoughts.

Canadian law is different - a drunk driving conviction is a criminal offense. If you think it is erased from the record, apply for a copy and find out.

You can apply for "rehabilitation" after 5 years, but that can take up to a year BEFORE you apply for PR.
http://www.cic.gc.ca/ENGLISH/visit/faq-inadmissibility.asp

You apply to the nearest visa office. If you are in the USA,
http://www.canadainternational.gc.ca/buffalo/imm/inadmissible_cr-interdiction_ar.aspx?lang=eng

 

[ja77]

im no expert. but i guess as long as your police clearance report says No Record, you should be fine. PMM can better advise.

 

[COCOSTING]

Do not worry, I have tons of speeding and various other tickets. I once had 6 points levied on my licence coz I had had a couple of beers and hit a bloody fox, although I was well under the legal limit they blamed my lack of judgement on my drinking ( ridiculous, I know. go on you can laugh!!)My history of traffic offences were also considered and my licence was suspended for 1 year.

Within that one year they caught me driving again (it was really cold and I really needed milk for me coffee) and got suspended from driving for another 6 months .

I not only got an extension of my UK visa where they do a through criminal check as well but have also received a request for my
passport from the Canada guys.

Don't worry, if it is just as what you have mentioned, you will be fine.
There is not a single person out there who has not broken any traffic laws, some are lucky not to get caught, and some others are like me.(One wrong step and a copper miraculously appears right in front of me)
I am sure the Canadian authorities are aware of this.

 

[ImmEnforce]

We would have to equate the offence into Canadian Law. Sometimes is not very easy to do. But, generally you can always ask yourself if I did exactly the same thing in Canada would it be considered Criminal.

Speeding - No
Impaired Driving Offence - Over .08 - Yes - Anything under this would be a provincial offence and therefore not criminal.