+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Inadmissable IEC

Bubbly90

Newbie
Apr 8, 2016
6
0
Hey, I will try and cut a long story short ...

I have 4 driving convictions that became from one accident , they are (as written on my police certificate) :

Driving without due care and attention
Failure to remain - damage only
Failure to stop - damage only
Failure to report - damage only

This sounds like a lot . I hit a parked car, was generally unaware of the damage at the time. Even when I was informed of the damage it was a dent. It was in an overflow car park on a very busy day when I was very heavily pregnant. It went to court just a few weeks before my baby was born during a very difficult / worrying pregnancy. I had no help in understanding my offences and I self represented as I was in financial difficulty at the time and trying to get it all dealt with before my baby arrived. I am only aware now that I probably shouldn't have plead guilty to the convictions. I have been in contact with lawyers that have advised there is now nothing I can do as too much time has passed (it only happened in June).

So, my husband has his IEC and we all have flights booked to go to Canada (from Ireland) in April 2017 with our children as visitors. Health and travel insurance already paid for. We have family out there who we will be staying with for the duration and if we decide we like it we will apply for permanent residence. I am waiting to apply for my IEC however it isn't essential as I won't be working and once my husband starts work in his skilled job I can apply for an open work permit. We have this part all sorted. I know a lot of people are against the idea of bringing your children when on an IEC but we do have family support and the funds to support them as well as good health and travel insurance and they aren't of school age yet.

Now I have just realised my driving convictions may be a hurdle and there is absolutely nothing I can do to fight them as too much time has passed. In Northern Ireland, these convictions are seen as quite minor. Especially considering I was given the minimum for them (1 penalty point and a £50 fine for each). However, upon researching it seems they may be viewed as quite serious to a Canadian Immigration officer.

This trip has been planned and in the making since our family came out to visit us at the beginning of last year and it would be devastating if we had to cancel the whole thing. We have everything waiting for us in Canada. Does anyone know if I would be seen as inadmissible even given the circumstances ? Is each case different or am I automatically inadmissible ? If so does anyone have any advice on what I could do ? Would it be worth getting an immigration lawyer or will that make no difference for an IEC.

Any advice would be very greatly appreciated !
 

scylla

VIP Member
Jun 8, 2010
95,897
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Driving convictions like speeding don't result in inadmissibility. However your situation is more complex. I would guess you're not inadmissible - but don't know for sure. Depends what your charges equate to in Canadian law.

I would try applying for an ETA (ensuring you declare these infractions). That will tell you relatively quickly if you're admissible or not.
 

Bubbly90

Newbie
Apr 8, 2016
6
0
Thanks for advice ! I went ahead and applied for an eTA. It didn't leave much room for explanation, in fact I couldn't even fit the offences within the limit. Is this normal? I've received an email requesting further information, I suspect they'll ask for my Police Certificate. It won't allow me to look it up just now it says to allow 24 hours.
 

scylla

VIP Member
Jun 8, 2010
95,897
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Bubbly90 said:
Thanks for advice ! I went ahead and applied for an eTA. It didn't leave much room for explanation, in fact I couldn't even fit the offences within the limit. Is this normal? I've received an email requesting further information, I suspect they'll ask for my Police Certificate. It won't allow me to look it up just now it says to allow 24 hours.
Yes - that makes sense. You won't know the answer within 24 hours. However you'll know well before April.
 

edwardh12

Newbie
Nov 17, 2016
8
0
They would have to review it and determine whether those 4 convictions correspond to any sections in the criminal code of Canada. If yes, then you are inadmissible.

The relevant sections you should be looking at are:

Section 249
Section 252. Unfortunately, I'm not allowed to post links, but you could probably google it for yourself.

The situation you have described seems to be analogous to Section 252. Good luck!
 

Bubbly90

Newbie
Apr 8, 2016
6
0
Oh no it isn't looking very good then . I guess they don't consider the circumstances when looking at an indictable offence ? I have now forwarded on my Police Certificate . I suppose the fact that they say 'damage only' and state I was only given 1 penalty point and a £50 fine for each wont help ? My husband got more points and a bigger fine for having a bald tyre ! Thanks for the advise . Just my luck these days !
 

Bubbly90

Newbie
Apr 8, 2016
6
0
I was granted my eTA. I'm guessing this means I am not inadmissible ? I was given the chance to explain what happened. Does this then mean that I shouldn't be considered inadmissible when I apply for my IEC which I have now been invited to apply for? I know that doesn't necessarily mean I will get it but will it mean that can't consider me inadmissible based on my convictions?
 

scylla

VIP Member
Jun 8, 2010
95,897
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Bubbly90 said:
I was granted my eTA. I'm guessing this means I am not inadmissible ? I was given the chance to explain what happened. Does this then mean that I shouldn't be considered inadmissible when I apply for my IEC which I have now been invited to apply for? I know that doesn't necessarily mean I will get it but will it mean that can't consider me inadmissible based on my convictions?
Congrats! Yes - that means you're not inadmissible and should be good for the IEC.
 

Devilsree

Full Member
Jul 16, 2019
36
5
@scylla
Hi scylla

I had the same situation of this case. I was in the UK from 2012-2014.
I had a small hit (very minute) when pulling out of my car from parking in the UK happened in 2013. But unfortunately I never received any court notice and I left the country in 2014. So those charges are pending on my UK PCC.
I submitted my express entry application under FSW Outland and got ADR asking for PCC, Court order and outlining personalised statement describing the event. But I don’t have the court order and submitted everything else.

but in the recent GCMS notes I saw that officer is asking for a court order and somehow I am able to got the court order and it’s finalized.
Charges:
1) driving without due care and attention
2) failed to stop ( which is false as it happened in the next street where I used to live)
3) failed to report ( I wanted to resolve amicably as it’s a very small dent to the bumper and I live in the next street but I didn’t find anyone to talk when the incident happened)
4) driving without 3rd party insurance
5) driving otherwise in accordance with a license.
In the recent order I was disqualified from driving for 6 months ( that’s the court judgement)
These all are of the same incident.

I wanted to fight for 2 & 3 charges but it’s very expensive to do so from overseas and

now my question is will be criminal inadmissible to Canada ?
P.S : now I am going to write a detailed Letter explaining to the VO and include the final court order and that I m not in the UK since last 5 years. Any help would be really appreciated. Thanks!!
 

scylla

VIP Member
Jun 8, 2010
95,897
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@scylla
Hi scylla

I had the same situation of this case. I was in the UK from 2012-2014.
I had a small hit (very minute) when pulling out of my car from parking in the UK happened in 2013. But unfortunately I never received any court notice and I left the country in 2014. So those charges are pending on my UK PCC.
I submitted my express entry application under FSW Outland and got ADR asking for PCC, Court order and outlining personalised statement describing the event. But I don’t have the court order and submitted everything else.

but in the recent GCMS notes I saw that officer is asking for a court order and somehow I am able to got the court order and it’s finalized.
Charges:
1) driving without due care and attention
2) failed to stop ( which is false as it happened in the next street where I used to live)
3) failed to report ( I wanted to resolve amicably as it’s a very small dent to the bumper and I live in the next street but I didn’t find anyone to talk when the incident happened)
4) driving without 3rd party insurance
5) driving otherwise in accordance with a license.
In the recent order I was disqualified from driving for 6 months ( that’s the court judgement)
These all are of the same incident.

I wanted to fight for 2 & 3 charges but it’s very expensive to do so from overseas and

now my question is will be criminal inadmissible to Canada ?
P.S : now I am going to write a detailed Letter explaining to the VO and include the final court order and that I m not in the UK since last 5 years. Any help would be really appreciated. Thanks!!
It will depend what these charges equate to in Canadian law. Best option would be to hire a good Canadian immigration lawyer to assist you.