Emigrating to Canada with driving convictions....

[Zuhayb]

Hi all,

I'm new on this forum, I am hoping to seek some help and advice regarding emigrating to Canada from UK with driving convictions. I was convicted for driving without insurance, driving whilst disqualified on 3 attempts, I then got imprisoned for 3 months in October 2016.

(I am a British born passport holder).

What are my options to apply for a visa? I've heard I can apply through a rehab visa if your inadmissible to enter Canada.

Where do I start, and what are the procedures?

 

[canuck78]

Have you looked to see if you would qualify if you didn’t have the convictions? That would be the first step.

 

[Zuhayb]

Have you looked to see if you would qualify if you didn’t have the convictions? That would be the first step.

I would qualify to enter Canada if I didn't have any convictions. I've been to Canada every year to visit my family who are permanent residents.

 

[russ6970]

If you went to prison, you are more than likely inadmissible.

 

[Zuhayb]

If you went to prison, you are more than likely inadmissible.

What are my options to apply and move to Canada?

 

[visatest]

What are my options to apply and move to Canada?

If you are inadmissible to Canada you have no options.

 

[Hurlabrick]

You need to wait at least five years from the end of your imprisonment then apply to Canada for 'criminal rehabilitation' - see here:

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

So if I understand your dates correctly, the earliest you can apply for criminal rehabilitation would be January 2021. Whether or not Canada would then deem you rehabilitated is entirely up to CIC and by no means a 'given'.

I am very interested in how you have 'been to Canada every year'. As you are a Brit, you must obtain an ETA to fly to Canada. The ETA specifically asks about criminal convictions and if you answered correctly, your ETA would have been denied. I therefore do not see how you can have travelled to Canada unless you committed misrepresentation to CIC as regards the ETA. If you have done this, I do not even know if you would ever be eligible for any form of PR......

 

[canuck_in_uk]

Hi all,

I'm new on this forum, I am hoping to seek some help and advice regarding emigrating to Canada from UK with driving convictions. I was convicted for driving without insurance, driving whilst disqualified on 3 attempts, I then got imprisoned for 3 months in October 2016.

(I am a British born passport holder).

What are my options to apply for a visa? I've heard I can apply through a rehab visa if your inadmissible to enter Canada.

Where do I start, and what are the procedures?

Driving while disqualified is a hybrid criminal offence in Canada. IRCC treats all hybrid charges as indictable, so you are inadmissible to Canada for 5 years from the date of completion of your sentence, including any probation. The fact that you were caught 3 times shows a distinct lack of respect for the law, so you are unlikely to be approved for rehabilitation.

I would qualify to enter Canada if I didn't have any convictions. I've been to Canada every year to visit my family who are permanent residents.

How have you come to Canada? Did you declare your criminal convictions when you applied for an eTA?

 

[Zuhayb]

If you are inadmissible to Canada you have no options.

Inadmissible only applies to those who were convicted for drink driving, or caused an accident if I'm correct. I was never involved in any form of accident or drink driving. Canadian immigration law did state I can still apply on certain circumstances, by writing out a letter for the reasons I was imprisoned. I am in process with a lawyer who specialises in these cases, and know's how to get a visa with my convictions.

 

[Zuhayb]

You need to wait at least five years from the end of your imprisonment then apply to Canada for 'criminal rehabilitation' - see here:

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

So if I understand your dates correctly, the earliest you can apply for criminal rehabilitation would be January 2021. Whether or not Canada would then deem you rehabilitated is entirely up to CIC and by no means a 'given'.

I am very interested in how you have 'been to Canada every year'. As you are a Brit, you must obtain an ETA to fly to Canada. The ETA specifically asks about criminal convictions and if you answered correctly, your ETA would have been denied. I therefore do not see how you can have travelled to Canada unless you committed misrepresentation to CIC as regards the ETA. If you have done this, I do not even know if you would ever be eligible for any form of PR......

I've always applied for ETA whenever I headed out to Canada, and mentioned about my previous convictions. I wasn't stopped at the border, or got deported. PR won't apply to me for some years, from I read on the Canadian Law website.

 

[russ6970]

Inadmissible only applies to those who were convicted for drink driving, or caused an accident if I'm correct. I was never involved in any form of accident or drink driving. Canadian immigration law did state I can still apply on certain circumstances, by writing out a letter for the reasons I was imprisoned. I am in process with a lawyer who specialises in these cases, and know's how to get a visa with my convictions.

You were in prison. You are inadmissible and need to apply for rehabilitation.

 

[canuck78]

What do you mean mentioned? Did you select yes when ETA applications ask about convictions?