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Major speeding violation - Inadmissible?

Thombose

Newbie
Aug 9, 2018
3
0
Hi all,

Currently I'm in the process of collecting all documents for the Express Entry program in order to join my loved one in Canada. I'm a Belgian citizen (28yo), currently living and working in Switzerland.

As far as my calculations go, I should have adequate points to quickly receive an ITA in the coming months (Master, bilingual, 28 yo). However, I have a serious concern about what would happen after that.

Even though I have been without criminal record my entire life and have always lived by the law, I did manage to get a listing in the Swiss Strafregister. This is not so difficult in Switzerland though. Due to my work I drive about 4000km / month, mostly long stretches on the highway. The speed on the highway is 120 km/h, which I was driving exactly. However, a "environmental protection stretch" was installed and the speed was reduced to 80 km/h for a few kms. I completely missed the sign and, as no road works were being done, the only moment where I found out I was speeding was when the camera flashed in my eyes. 120 on the meter got corrected to 116 km/h, ergo 36 km too fast on the highway which leads to the following mention in the Criminal Records (translated):

"Major traffic violation by exceeding the maximum speed signaled on highway"

The punishment: 3 months of license suspension and a ridiculous fine (or you can opt for 5 days in prison).

In German, this is called a "Vergehen" which translates to a "misdemeanour", which is from what I understood a summary offence.

How will this be treated by immigration? 36 km/h too fast on the highway would not even be considered a crime in the Criminal Code in Canada according to me. From what I understood, one single summary offence should not make you inadmissible.

Do you think I'll be able to pass with this? After two years it will disappear from my records worst case, but I would prefer not to wait 2 years.

Thanks for your opinion and advice.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hi all,

Currently I'm in the process of collecting all documents for the Express Entry program in order to join my loved one in Canada. I'm a Belgian citizen (28yo), currently living and working in Switzerland.

As far as my calculations go, I should have adequate points to quickly receive an ITA in the coming months (Master, bilingual, 28 yo). However, I have a serious concern about what would happen after that.

Even though I have been without criminal record my entire life and have always lived by the law, I did manage to get a listing in the Swiss Strafregister. This is not so difficult in Switzerland though. Due to my work I drive about 4000km / month, mostly long stretches on the highway. The speed on the highway is 120 km/h, which I was driving exactly. However, a "environmental protection stretch" was installed and the speed was reduced to 80 km/h for a few kms. I completely missed the sign and, as no road works were being done, the only moment where I found out I was speeding was when the camera flashed in my eyes. 120 on the meter got corrected to 116 km/h, ergo 36 km too fast on the highway which leads to the following mention in the Criminal Records (translated):

"Major traffic violation by exceeding the maximum speed signaled on highway"

The punishment: 3 months of license suspension and a ridiculous fine (or you can opt for 5 days in prison).

In German, this is called a "Vergehen" which translates to a "misdemeanour", which is from what I understood a summary offence.

How will this be treated by immigration? 36 km/h too fast on the highway would not even be considered a crime in the Criminal Code in Canada according to me. From what I understood, one single summary offence should not make you inadmissible.

Do you think I'll be able to pass with this? After two years it will disappear from my records worst case, but I would prefer not to wait 2 years.

Thanks for your opinion and advice.
You need to declare it but it will not make you inadmissible.
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
Ok. You have given enough details for me to provide with an accurate assessment of your admissibility and disclosure obligations:

You are admissible.
Your offense of speeding 36 Km/h over the speed limit does not equate to any offense under Canadian federal law, however since it was charged and disposed as a criminal offense in Switzerland (regardless of whether it appears on your police certificate or not) you will have to answer Yes to having been arrested, charged or convicted for a crime and write a short description about your incident in the lines of "In 20XX I was charged with driving 36Km/h over the speed limit in such town, Switzerland and received 3 month license suspension and fined X amount CHF." There is no need to explain what happened or your circumstances (driving 4000 KM/month, special area ..etc) These details are irrelevant.

Your application will be processed normally and I hardly think this traffic violation will affect your PR visa in any way. I don't even expect the officer to ask you about it, so there is no need for concern for you. Just declare it and relax. Focus on your other important things in life and your future partner in Canada.
 

Thombose

Newbie
Aug 9, 2018
3
0
Ok. You have given enough details for me to provide with an accurate assessment of your admissibility and disclosure obligations:

You are admissible.
Your offense of speeding 36 Km/h over the speed limit does not equate to any offense under Canadian federal law, however since it was charged and disposed as a criminal offense in Switzerland (regardless of whether it appears on your police certificate or not) you will have to answer Yes to having been arrested, charged or convicted for a crime and write a short description about your incident in the lines of "In 20XX I was charged with driving 36Km/h over the speed limit in such town, Switzerland and received 3 month license suspension and fined X amount CHF." There is no need to explain what happened or your circumstances (driving 4000 KM/month, special area ..etc) These details are irrelevant.

Your application will be processed normally and I hardly think this traffic violation will affect your PR visa in any way. I don't even expect the officer to ask you about it, so there is no need for concern for you. Just declare it and relax. Focus on your other important things in life and your future partner in Canada.
Dear LifeDreamer,

thank you very much for your assessment, I really appreciate it a lot as I have been swinging from one side to the other. Some websites say it would prevent me from getting in, even on a tourist visa, others say it's no problem.

I just got the "official" excerpt and noted that there is no mentioning of:
- The origin of the conviction: speeding
- The license suspension

The only thing it says in the official document is:

date of it happening
"Serious violation of the rules of the road traffic"
Pecuniary penalty of 20 days fine at .... CHF
- stay of execution of sentence, trial period 2 years (means the penalty is probationary for 2 years)
Fine : 900 CHF

I do have another official document (from the fine itself) detailing the speeding offense of 36 km/h)
Is it worth consulting a lawyer to have the right explanation letter written to the government or is it a waste of money?

P.S. Switzerland has 3 official languages so I can get my documents in French. Does it matter if some other documents are in English or does your application need to be uni-lingual?

P.P.S. : just a happy moment today, got my IELTS score : CLB10 so I'm in business for EE!

Thanks!!!!
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
Stay of execution means you were convicted. You will need to get court or police documents because "major traffic violation" is not sufficient enough you need to show it was a speeding ticket.

No need for a lawyer and no need for an explanation. You'd be just wasting your time and money over a non-issue. If you ask lawyers they'll say otherwise and even suggest you may not be admitted because they are just looking to get money off you.

French is okay.
 
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dedman

Newbie
May 28, 2019
9
0
Stay of execution means you were convicted. You will need to get court or police documents because "major traffic violation" is not sufficient enough you need to show it was a speeding ticket.

No need for a lawyer and no need for an explanation. You'd be just wasting your time and money over a non-issue. If you ask lawyers they'll say otherwise and even suggest you may not be admitted because they are just looking to get money off you.

French is okay.

Hello LifeDreamer.

I have a similar situation, where I was initially charged for Reckless Driving in US and this shows up as arrest record.
However, I have court documents and letter from attorney to show that the final charge was "Careless Driving" (a civil traffic infraction, not a criminal offense). I did not contest this and was given a fine and no other penalty. This is a fine-only violation that was given due to speeding.
Will I be admissible to Canada?
 
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