Criminal Record

[JuanLott]

I was involved in a bar fight in 2011 and got charged with criminal record for Assault: Common.
Since then I have quit consuming alcohol and changed my life for the better. That unfortunately doesn't change anything for my criminal record and expungement in my country (South Africa) only happens after 10 years.

Would this conviction stop me and my family from immigrating to Canada?

All help would be highly appreciated.

 

[scylla]

I was involved in a bar fight in 2011 and got charged with criminal record for Assault: Common.
Since then I have quit consuming alcohol and changed my life for the better. That unfortunately doesn't change anything for my criminal record and expungement in my country (South Africa) only happens after 10 years.

Would this conviction stop me and my family from immigrating to Canada?

All help would be highly appreciated.

When did you complete the sentence / probation related to this charge?

The short answer is that it most likely won't impact your ability to come to Canada, however it will prolong the process and make it more complicated since you'll have to apply for rehabilitation before you can be admitted to Canada.

 

[JuanLott]

When did you complete the sentence / probation related to this charge?

The short answer is that it most likely won't impact your ability to come to Canada, however it will prolong the process and make it more complicated since you'll have to apply for rehabilitation before you can be admitted to Canada.

I was handed a 5 year suspended sentence. No jail time and no fine payable

 

[scylla]

I was handed a 5 year suspended sentence. No jail time and no fine payable

OK - that changes things somewhat.

If you received that suspended sentence in 2011 - that means the suspended sentence ended in 2016. You are inadmissible to Canada (meaning you cannot be admitted to Canada) for five years from the time that suspended sentence ended. This means that Canada won't be an option for you until 2021. Once 2021 rolls around, you can apply to come to Canada, but will have to go through the rehabilitation process to be approved.

So short answer is that Canada is not an option for you at this time - but that will change in 2021.

 

[JuanLott]

OK - that changes things somewhat.

If you received that suspended sentence in 2011 - that means the suspended sentence ended in 2016. You are inadmissible to Canada (meaning you cannot be admitted to Canada) for five years from the time that suspended sentence ended. This means that Canada won't be an option for you until 2021. Once 2021 rolls around, you can apply to come to Canada, but will have to go through the rehabilitation process to be approved.

So short answer is that Canada is not an option for you at this time - but that will change in 2021.

Thank you for you responses.

Last question, this is what's on my report?

"1 year imprisonment suspended for 5 years"

Does it change anything?

 

[scylla]

Thank you for you responses.

Last question, this is what's on my report?

"1 year imprisonment suspended for 5 years"

Does it change anything?

No - it doesn't. You have to start counting the five years from the time you completed whatever penalty you were given (regardless if that was a fine or probation or imprisonment). So you have to start counting the five years from the time your suspended sentence ended. That means you're inadmissible to Canada until 2021 and can't really do anything until then.

 

[LifeDreamer]

You can apply 5 years after completion of any sentence(s) imposed as part of your conviction. For your suspended sentence, this is actually your sentencing date in 2011 and not a hypothetical date set one or five years in the future.

Also, you should know that you can freely travel and immigrate to the US since your offense doesn't count as a crime of moral turpitude. However you do not qualify to visit or immigrate to the UK, Australia or New Zealand because of the length of your sentence.

 

[James_NZ1]

I'm in the process of Criminal Rehabilitation for a PR visa under the family class. Rehabilitation is not a easy process and requires a lot of work on your behalf to get the information from police, courts and lawyers.

Wait 5 years and then apply if you really want to move to Canada. In the meantime you can send a application to IRCC completing the following instructions set out on this page.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html

"If less than five years has passed, you can fill out the form and check “For Information Only.” An officer will decide if you can get special permission to come to Canada temporarily." This does not mean you become admissible its merely to see if you can come to Canada under the current circumstances and if you can apply to immigrate.

If you do apply in 5 years time best of luck to you and remember it can take them up to 12 months to make a decision. Send your rehabilitation application at the same time as your other application!

 

[Juku77]

I'm in the process of Criminal Rehabilitation for a PR visa under the family class. Rehabilitation is not a easy process and requires a lot of work on your behalf to get the information from police, courts and lawyers.

Wait 5 years and then apply if you really want to move to Canada. In the meantime you can send a application to IRCC completing the following instructions set out on this page.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html

"If less than five years has passed, you can fill out the form and check “For Information Only.” An officer will decide if you can get special permission to come to Canada temporarily." This does not mean you become admissible its merely to see if you can come to Canada under the current circumstances and if you can apply to immigrate.

If you do apply in 5 years time best of luck to you and remember it can take them up to 12 months to make a decision. Send your rehabilitation application at the same time as your other application!

Hi James!
I am in process of sponsoship for more than 14 months, in February I received a letter from the VO called Procedural fairness for criminal inadmissibility by a DWI in Texas, and I allready send the rehabilitation application,on April 14th, the payment and all the supporting documents, you know how long it will take in answering if it was approved? I appreciate if you can tell me how long took yours! Thanks!

 

[James_NZ1]

Hi

I've read stories of those who have had DUI's in Australia, New Zealand and other convictions like assault (such as a bar fight etc) and has taken 2 - 6 months. I submitted my CR application to Australia but I did not get a letter from them at all stating procedural fairness. They said they would be in touch to tell me if rehabilitation was required in February but have heard nothing from them since. So I just submitted a application for CR as I bet they would email me at the 13 month mark stating it was required. Would just slow everything down.

I'm a little more complex because I went on a working holiday to Canada in 2012 (after disclosing my conviction and being approved) but today I can't get a tourist visa (ETA) to enter Canada. So to be honest I have no idea if I even need to complete CR I guess no email or letter form them stating procedural fairness is a good thing. I'm not getting replies to my questions from my VO so I'm just going to wait for the 12 month mark and make some passive inquiries.

I'm aware that IRCC has made changes to those with PR or obtaining PR with past DUI convictions so maybe do a google search under "news" for DUI IRCC changes perhaps. DUI's from other posters have taken a little longer to process due to the nature of the offence. Canada hates drunk drivers, fraud, drugs and careless drivers.

All the best, like me just be prepared for a 4 month wait before expecting any type of email or letter from them about rehab.

 

[James_NZ1]

https://www.thestar.com/news/gta/2018/06/08/tougher-impaired-driving-penalty-a-double-whammy-for-immigrants.html

 

[LifeDreamer]

https://www.thestar.com/news/gta/2018/06/08/tougher-impaired-driving-penalty-a-double-whammy-for-immigrants.html

Expect a proposal to the deemed rehabilitated class regulation and new ministerial instructions regarding this issue in the coming months that will treat DUI and other traffic offenses as eligible for deemed rehabilitated class as long as it is one offense only that occurred more than 10 years ago.

 

[Margotte]

I'm in the process of Criminal Rehabilitation for a PR visa under the family class. Rehabilitation is not a easy process and requires a lot of work on your behalf to get the information from police, courts and lawyers.

Wait 5 years and then apply if you really want to move to Canada. In the meantime you can send a application to IRCC completing the following instructions set out on this page.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html

"If less than five years has passed, you can fill out the form and check “For Information Only.” An officer will decide if you can get special permission to come to Canada temporarily." This does not mean you become admissible its merely to see if you can come to Canada under the current circumstances and if you can apply to immigrate.

If you do apply in 5 years time best of luck to you and remember it can take them up to 12 months to make a decision. Send your rehabilitation application at the same time as your other application!

Hello James
Did you apply for rehabilitation on your own? Or did you hire a lawyer?
I have knowledge about how to apply but since my conviction is from USA and I am not there anymore, I don’t know how could I get all the docts they require relating to the conviction, except for the FBI report that as fas as I know you can request it online.
Any experience would be appreciated.

 

[James_NZ1]

Hello James
Did you apply for rehabilitation on your own? Or did you hire a lawyer?
I have knowledge about how to apply but since my conviction is from USA and I am not there anymore, I don’t know how could I get all the docts they require relating to the conviction, except for the FBI report that as fas as I know you can request it online.
Any experience would be appreciated.

I hired a lawyer just to have them onboard incase things didn't work out. I applied for rehab in 2012 for my working holiday but for some un kown reason I couldn't get a tourist ETA to enter Canada in May this year. Even though I have entered before via land border I wanted the lawfirm to help to avoid trouble with misrepresentation. I hired the law firm of this website. Because they dont charge a consult fee, other firms charge upwards of $75 just to hear your case, no gurante of possible outcomes etc.

If you went through the courts did you hire a lawyer? If so they will have have copies of your case and documents. You can also try contacting the court in which you where charged. They may have some documents on file.

If worse comes to worse a good immigration law firm (from in side canada) will have done this millions of times so will have all the tips and tricks getting files within the USA

 

[Margotte]

I hired a lawyer just to have them onboard incase things didn't work out. I applied for rehab in 2012 for my working holiday but for some un kown reason I couldn't get a tourist ETA to enter Canada in May this year. Even though I have entered before via land border I wanted the lawfirm to help to avoid trouble with misrepresentation. I hired the law firm of this website. Because they dont charge a consult fee, other firms charge upwards of $75 just to hear your case, no gurante of possible outcomes etc.

If you went through the courts did you hire a lawyer? If so they will have have copies of your case and documents. You can also try contacting the court in which you where charged. They may have some documents on file.

If worse comes to worse a good immigration law firm (from in side canada) will have done this millions of times so will have all the tips and tricks getting files within the USA

Thank you for sharing your experience, I didn’t hire a lawyer, I was an illegal immigrant in USA.
I think I will have to consult a lawyer to do things as right as possible. In all case that’s no what I am afraid of, what worries me is being able to find the right lawyer with experience and not someone who just intends to get money without doing things correctly.