criminal record/history

[barsindoo]

I am about apply as a federal skilled worker and I am gathering data for my application.

I have applied for a police certificate from the UK. I had a brush with the law some 24years ago whilst I was in school. The offense was obtaining monies under false pretense. I was sentenced to 8hours community service and order to pay a fine.

I was told by a lawyer that due to the length of time and nature of the offense that it would have been spent i.e. it might not appear on my record again. Should the police report arrive with nothing been said about this item, what should I do? Should I disclose or not, the fact that I had the brush with the law?

Please I need frank responses. Thank you.

 

[rajnik1976]

The offence you had committed was 24 years ago and while you were in school, thereafter (I believe) you have been a good citizen and obey law hence in my opinion the police clearence should be fine. They should not raise any finger against your police clerance certificate.

This is my opinion and lets see what others have to say on this.

 

[aanbaan]

no harm in speaking the truth.. 24 years is a log time.

search on this forum. I guess, they are ok with 10 years or something. there was a long thread on this 2-3 months ago.

 

[sue]

firstly it will still be on your police cert secondly it is now spent so it will not matter if you have had no more problems with the law. thirdly you have to tell them otherwise they will find out and this will get your application rejected.

 

[barsindoo]

Thank you all.

Sue do you think I need to fill for rehabilitation?

 

[rajnik1976]

Yes it's better to tell them the truth, you will be fine.

 

[zednought]

Firstly, I doubt this offense will be recorded on the PNC. Until relatively recently the recording of these things was very sporadic. However, I'd suggest you are truthful in your PR application. This WILL be recorded somewhere and you never know when it may come to light.

The CIC rules on rehabilitation are fairly straight-forward. You may be "deemed rehabilitated". However, without doing my research I wouldn't like to advise you on this. It might be better to make the rehabilitation application -- just to be sure.

 

[barsindoo]

Cheers.

How long would it normally take to process rehabilitation?

Must I include this in my submission?

 

[zednought]

It is my understanding that you MUST have obtained rehabilitation prior to making your PR application. However, I know of a few people who have done this in parallel and CIC seem to take a pragmatic approach to this.

Rather like the PR application itself timelines vary widely, from a few weeks and up to a year to complete. I guess it depends on the complexity of the issues involved.

 

[barsindoo]

I did some more research on the Canadian Government site and came up with this. Would it be true for my position?

8. When am I eligible to apply for rehabilitation? (http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note5)

You are eligible to apply for rehabilitation if:

* you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act; or
* you have been convicted outside of Canada and five years have passed since the end of the sentence imposed.

For example:

In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.

Cheers

 

[aanbaan]

I did some more research on the Canadian Government site and came up with this. Would it be true for my position?

8. When am I eligible to apply for rehabilitation? (http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note5)

You are eligible to apply for rehabilitation if:

* you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act; or
* you have been convicted outside of Canada and five years have passed since the end of the sentence imposed.

For example:

In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.

Cheers

i told you.. it was 10 years... way to go.. am sure this will not cause an issue...

 

[barsindoo]

Thank you AANBAAN et al.

You guys have been of great help.

I hope the discuss has also resolved lingering issues that some other people might have.

Cheers

 

[barsindoo]

Please if one has friends in Canada that are willing to assist in the first few weeks of landing, can one use them as adaptability factor?

Cheers

 

[rajnik1976]

No you can only claim points under adaptibility if they are close relatives such as brother, sister, maternal uncle and so on.

You can not use them as adaptibility factor.

I trust this helps.

 

[aanbaan]

Please if one has friends in Canada that are willing to assist in the first few weeks of landing, can one use them as adaptability factor?

Cheers

so many people will end up buying friends for $1000 apiece to promise to help and get you 5 points

how does immigration trust non-blood and undocumented relationships