Hi I recently submitted my iec application and ircc requested my driving record. After getting my driving record I realised I had a “conviction” for excessive speed that I wasn’t aware was considered a criminal offence as I had no court appearance or charges. Had I of known it was considered a criminal offence and not a civil offence like lesser speeding fines I would have declared this in my application. I don’t want to be penalised for misrepresenting because it was a genuine mistake that I did not know. What should I do from here?
Didn’t know I had a criminal record
- Thread starter Cwils894
- Start date
This is very interesting. I'm guessing you didn't dispute whatever had happened within 28 days? See this.
https://online.fines.vic.gov.au/Infringement-fines/Excessive-speed-drug-and-alcohol-offences
Has IRCC issued you a Procedural Fairness Letter or just requested driver's abstract as an additional document? Depending on what actually led to the conviction, you may or may not be considered inadmissible. Misrepresentation is failing to meet the obligation of answering all questions truthfully on your application as defined in 16(1) of IRPA. This could also lead to a ban.
I did not challenge it, it was 11 years ago and I was 18. I haven’t been issued with a pfl only a request for drivers history, I want to submit a letter explaining that I didn’t realise my speeding fine was a criminal conviction but I’m unsure how to do this. I want to get on top of it before being issued with a pfl.
So, unless it's consider a criminal offence in Canada, I doubt a driving conviction is going to have any sort of detrimental effect.
You should consult with an immigration attorney to determine the best path forward including any responses you submit to IRCC. They will have to first compare the offence with Canadian laws and determine if you are criminally inadmissible or not. Next, determine the response which will include explanation of what you uncovered after requesting driver's abstract and how there was no intention to cover up.
The ultimate decision will rest with IRCC and not to discourage you but chances are high you will be refused. That said, if the case officer is convinced you did not hide any information intentionally, they will not issue you a misrepresentation ban. This will keep the opportunity open to reapply again after overcoming criminal inadmissibility if it's determined you are criminally inadmissible.
Submit the PCC and include an LOE explaining why you weren't aware of the conviction and apologizing for not including in your application.
You have to see where it falls under Canadian laws
Was it stunt driving ?
Stunt driving or street racing
Drivers who are involved in stunt driving or street racing are subject to:
an immediate 30-day driver’s licence suspension
an immediate 14-day vehicle impoundment at roadside (whether it is your vehicle or not)
a minimum fine of $2,000 and a maximum fine of $10,000
a jail term of up to six months
a post-conviction licence suspension of:
a minimum of one year and a maximum of three years for the first conviction
a minimum of three years and a maximum of 10 years for a second conviction
a lifetime suspension, reducible after 10 years under certain criteria, for a third conviction
a lifetime suspension, non-reducible, for a fourth and subsequent convictions
six demerit points
a mandatory driver improvement course, upon conviction