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Criminal rehabilitation - my experience

Haynesie

Newbie
Jan 19, 2020
1
0
Hi there!

My partner is going through the exact same thing. He visited Canada in March last year (for 2 weeks on holiday). He accidentally said “no” to convictions on his ETA application. He was confused and didn’t think his DUI would be classified as this. We were just wondering if you could give us an overview on what you put on your cover letter? I don’t want to make it worse... your post has already helped us tremendously (with anxiety as well) and I hope you can help us out with this! Thanks for your time.
 

SwaChi

Newbie
Jan 12, 2022
1
0
Timeline update:

I'm in a situation where I need to enter Canada from time to time for work. Initially when I got this job, I was one year shy of being eligible for rehabilitation. Criminal rehabilitation processing times were advertised at about one year. So I applied for a 2 year TRP which allowed me to travel into Canada in the meantime. I applied for the rehab as soon as I became eligible. All were approved and the timeline follows:

9/26- TRP application submitted
2/21- TRP application approved (2 year TRP)
6/23- (The day that I became eligible for rehabilitation) criminal rehabilitation application submitted.
10/21- received an email from the consulate that my application for criminal rehab was received and placed in the processing queue.
3/4- application for criminal rehabilitation approved


I hope this helps someone
Hi rtsmith1929, Could you please tell me which year was this and which country did you apply from?
 

Sidm786

Full Member
Dec 30, 2020
41
1
Hi all,

I thought it was worth posting my experience with criminal rehabilitation because when I was going through the process, I found little to no information from people who had successfully come through the process - most people post at the start of the process but then no follow up is given. So I hope this helps someone.

My situation:

I live in Australia. Approx 6 years ago I was caught drink driving, very stupid, I am very ashamed and have not ever done that since. I had some confusion around the charge, as at the time I was given a fine and licence suspension in line with an 0.05-0.079% reading, whereas I have since found out I was over 0.08%. Last year, before the 5 year mark, I travelled to Canada on a visitor visa for 3 months. On my ETA, which was applied for in a panic the night before I left due to some bad advice from a fellow backpacker, I said I had no criminal conviction (which I thought was the truth). In gathering documents for a potential work permit I had since found out that I did in fact have a criminal conviction listed on my police certificate.

Thinking it was going to take up to a year to process, and knowing that I have a job starting in Canada in a few months, I decided to apply for criminal rehabilitation. It has been longer than 5 years since I paid the fine, so I was eligible, but I thought I'd be in trouble for travelling to Canada whilst I was inadmissible. I wrote all this in the letter to immigration, I was honest and upfront about the whole thing.

The documents I included:
- a cover letter explaining my situation, my ties to the community, my family ties in australia, my job offer in canada
- the application form, completed in full
- three character reference letters from a) a sub-lieutenant in the Australian Navy, known for 7 years, b) an academic professor, known for 3 years, c) a senior academic professor, known for 6 years, all stating it was a once off, that I have never been known to do that since
- photocopy of my info page of my passport
- my police certificate showing the excess 0.08% as the only charge
- a print out from the fines enforcement registry stating the fine was paid in full
- a copy of the Western Australian law I broke (also stating the penalties)
- a copy of the corresponding Canadian law
- receipt for the $200CAD fee

This was sent via express post to the Sydney immigration office. It arrived on the 2nd December 2016.

I emailed the office the next week asking for my application ID (for future reference if needed), got a response within 2 days.

I received an email on the 28th December 2016 with my approval letter. So it took approximately 20 business days.

There is hope, all.

Thanks for reading. I hope this helps someone in the future.
Could you please advice did you find the corresponding Canadiann law on your own or through an attorney? My friend has a wounding or grievous bodily harm charge in HK and was sentenced to 3 months in prison, was released early due to good behaviour but it's going to be 4 years since In December to her sentence completion. She is planning to apply for an OWP under the special public policy for Hong Kong people but it expires on Feb 7, 2023 so there is no way she could wait another year for it to be 5 years since sentence completion. My question is did you apply for the visa prior to applying for rehabilitation? She is considered rehabilitated under the HK law after the 3 year mark as her sentence was not serious.