Advice on gaining entry with criminal record?

[Englishman1987]

Hello all,

I recently joined this message board to try and get some advice as a lot of people on here seem to have some very good knowledge.

I have had mixed responses and opinions regarding this so I am hoping someone can help.

Basically, I believe I would qualify for the Express Entry / Skilled Worker Visa as I have lots of qualifications in the Engineering sector aswell as NDT Inspection. I do have relatives who are Canadian citizens in BC and would be happy to sponsor would this be another option. I am also native English and 28 years old.

Here comes the part which I am unsure of, the criminal record. I have 3 convictions, 2 of which I wouldn't of worried about as they were back in 2003 where i recieved a warning for criminal damage, basically fooling around as a kid, the other in 2006 for threating words and behaviour, again 18/19 years old outside a bar. The most recent one is the main worry where I recieved an 11 month custodial sentence for Violent Disorder earlier this year.

Any advice or opinions welcome.
Thanks

 

[lotusEsp]

I'd say your chances were poor but not 100% guaranteed to be refused

I would do a police record check and see what it comes back with. Then if you think you should have some removed/expired you can apply to the chief constable of the issuing arrest, to get it removed.

However, you may be pushing it with 3 separate convictions - 1 you might have been able to get away with.

 

[Englishman1987]

I'd say your chances were poor but not 100% guaranteed to be refused

I would do a police record check and see what it comes back with. Then if you think you should have some removed/expired you can apply to the chief constable of the issuing arrest, to get it removed.

However, you may be pushing it with 3 separate convictions - 1 you might have been able to get away with.

Thanks for your reply,

I'd agree with that to be honest, I may have to wait until the most recent convicion becomes 'spent' then take it from there.

 

[dobes]

Hello all,

I recently joined this message board to try and get some advice as a lot of people on here seem to have some very good knowledge.

I have had mixed responses and opinions regarding this so I am hoping someone can help.

Basically, I believe I would qualify for the Express Entry / Skilled Worker Visa as I have lots of qualifications in the Engineering sector aswell as NDT Inspection. I do have relatives who are Canadian citizens in BC and would be happy to sponsor would this be another option. I am also native English and 28 years old.

Here comes the part which I am unsure of, the criminal record. I have 3 convictions, 2 of which I wouldn't of worried about as they were back in 2003 where i recieved a warning for criminal damage, basically fooling around as a kid, the other in 2006 for threating words and behaviour, again 18/19 years old outside a bar. The most recent one is the main worry where I recieved an 11 month custodial sentence for Violent Disorder earlier this year.

Any advice or opinions welcome.
Thanks

First, I would do as the other poster said, and get a copy of your criminal record for yourself. Then, I would see how much could be voided or sealed. If, for instance, the most recent conviction cannot be expunged, I would then consult a lawyer to help you get a waiver of inadmissibility to Canada. The most worrisome thing is that it appears your last conviction involved some kind of violence, which might not be easily overlooked.

Your relative could sponsor you under conditions listed under CIC, but you would still be subject to criminal inadmissibility, and family petitions for relatives other than spouses/partners/children tend to take a long time.

 

[Englishman1987]

First, I would do as the other poster said, and get a copy of your criminal record for yourself. Then, I would see how much could be voided or sealed. If, for instance, the most recent conviction cannot be expunged, I would then consult a lawyer to help you get a waiver of inadmissibility to Canada. The most worrisome thing is that it appears your last conviction involved some kind of violence, which might not be easily overlooked.

Your relative could sponsor you under conditions listed under CIC, but you would still be subject to criminal inadmissibility, and family petitions for relatives other than spouses/partners/children tend to take a long time.

Some good points there cheers, consulting a lawyer maybe a good shout as some of them deal directly with this sort of thing.

 

[Lammawitch]

1. Are you my brother ???? ( JOKE!!! - his case somewhat resembles yours)

2. No, with the info you have given, your relatives can't sponsor you, forget that; sorry

3. You need to look at Criminal Rehabilitation. Start here: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

With 3 convictions (but it will depend on how seriously the offenses are considered *in Canada*, & on maximum possible sentences), I'd have to be honest and say it doesn't look good.


ETA: I just reread: violent disorder & a custodial sentence in 2015? Forget coming anywhere near Canada for at least 5 years. The rest of my post stands, but I'm downgrading my optimism ...

I'd suggest gathering all the information, Police Record, court records, etc, and having at least a one-time consultation with an experienced immigration lawyer*.

(*you do know that this board is run by an immigration law firm, right?)

 

[Englishman1987]

1. Are you my brother ???? ( JOKE!!! - his case somewhat resembles yours)

2. No, with the info you have given, your relatives can't sponsor you, forget that; sorry

3. You need to look at Criminal Rehabilitation. Start here: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

With 3 convictions (but it will depend on how seriously the offenses are considered *in Canada*, & on maximum possible sentences), I'd have to be honest and say it doesn't look good.


ETA: I just reread: violent disorder & a custodial sentence in 2015? Forget coming anywhere near Canada for at least 5 years. The rest of my post stands, but I'm downgrading my optimism ...

I'd suggest gathering all the information, Police Record, court records, etc, and having at least a one-time consultation with an experienced immigration lawyer*.

(*you do know that this board is run by an immigration law firm, right?)

I did have an idea it was and i'm glad it is, hopefully they reply to this with some good information.

As for the downgrading of your optimism, at least it's an honest view which is what i am looking for, thanks.

 

[purplesnow]

first off. the lawyers don't respond to these posts. you'll need to pay someone qualified to take you through your case.
the second thing is that your history kind of shows a pattern and that mightn't go over so well. especially considering how recent your latest one is. Usually with criminal backgrounds, if the person can prove it was a long time ago and they've rehabilitated and changed and wouldn't be likely to do it again in Canada they have a chance. Yours is too recent.
thirdly, you need to look into what kind of charge it is in Canada. Many offences in the UK that would only be cautions or warnings are treated as more serious here so you need to see what they would consider your charges equal to.

 

[kateg]

From the sounds of things, you're likely criminally inadmissible to Canada. Unless you have very strong ties here, a Humanitarian and Compassion case is likely to fail.

Your best bet is going to be to do everything possible to expunge/seal/reduce things abroad before involving immigration here.

 

[Englishman1987]

From the sounds of things, you're likely criminally inadmissible to Canada. Unless you have very strong ties here, a Humanitarian and Compassion case is likely to fail.

Your best bet is going to be to do everything possible to expunge/seal/reduce things abroad before involving immigration here.

Agreed. It is really easy to become involved in these sort of crimes where I come from, the most recent one Violent Disorder, happened in a pub after a football match where a scuffle broke out between fans. Now if that involves 3 or more people which it is likely to in a pub, it's considered a group thing. Second that with football, in this country now they come down very hard on it. I didn't throw a punch and got 11 month custodial.

But it is what it is and I have to live with it, I have a good experience of working abroad where I was based in Kuwait for over a year contracting for the U.S. military, spray painting all the vehicles based out there. I have another contract in Germany in which I will be doing after studying my next course in NDT Ultrasonic Testing.

I guess I am just telling you more about myself. As people have mentioned I think the only thing I can do is contact someone who deals with this sort of thing and take it from there. I may leave it now for a while as I think I know what the answer will be. I will gain some more qualifications that are needed in Canada and see where that leaves me in a couple of years time.

Thanks all for your replys.

 

[scylla]

Your criminal record overrides any experience you may have.

As others have said, you are inadmissible to Canada and won't qualify for rehabilitation until 5 years have passed since the completion of your last sentence. So you're looking at 2020 or 2021 before you can start considering Canada again.

 

[dobes]

Agreed. It is really easy to become involved in these sort of crimes where I come from, the most recent one Violent Disorder, happened in a pub after a football match where a scuffle broke out between fans. Now if that involves 3 or more people which it is likely to in a pub, it's considered a group thing. Second that with football, in this country now they come down very hard on it. I didn't throw a punch and got 11 month custodial.

But it is what it is and I have to live with it, I have a good experience of working abroad where I was based in Kuwait for over a year contracting for the U.S. military, spray painting all the vehicles based out there. I have another contract in Germany in which I will be doing after studying my next course in NDT Ultrasonic Testing.

I guess I am just telling you more about myself. As people have mentioned I think the only thing I can do is contact someone who deals with this sort of thing and take it from there. I may leave it now for a while as I think I know what the answer will be. I will gain some more qualifications that are needed in Canada and see where that leaves me in a couple of years time.

Thanks all for your replys.

Good luck! Take everything anyone says here as a personal opinion, and consult an actual lawyer if you really want to come here.

 

[lotusEsp]

I think, honestly speaking, the convictions show you have a bit of an uncontrollable temper - and as such could be seen as a threat to the safety of others.

People over here are nice and friendly, you dont often see punch ups in bars or violence on the streets - not in Toronto anyway, cant speak for other canadian cities.
Same cant be said for the UK. Any city on a fri/sat night can have trouble - and often does.

Whatever a lawyer tells you - I'd be happier knowing Canada keeps violent people out.

Sorry but thats how I feel.

 

[Englishman1987]

Your criminal record overrides any experience you may have.

As others have said, you are inadmissible to Canada and won't qualify for rehabilitation until 5 years have passed since the completion of your last sentence. So you're looking at 2020 or 2021 before you can start considering Canada again.

I think that is exactly what i will do.

 

[Englishman1987]

I think, honestly speaking, the convictions show you have a bit of an uncontrollable temper - and as such could be seen as a threat to the safety of others.

People over here are nice and friendly, you dont often see punch ups in bars or violence on the streets - not in Toronto anyway, cant speak for other canadian cities.
Same cant be said for the UK. Any city on a fri/sat night can have trouble - and often does.

Whatever a lawyer tells you - I'd be happier knowing Canada keeps violent people out.

Sorry but thats how I feel.

Firstly you dont have to apologise, I said I was looking for advice and opinions and yours is as good as any. I am not a violent man, I dont go into pubs and clubs looking for fights, I go to enjoy a few drinks with friends and work collegues.

As you said though it is different in the UK, we have a problem called 'binge drinking' I'm not sure it's something you'll understand but you get all sorts of idiots drunk causing trouble, it is very easy to become involved in a situation of this manner. For instance where mine took place was an working ex minors social club where my Granfather often frequents amongst other family members, when some idiots started scuffling and throwing objects, now I'm not sure about you but i didn't take too kindly to that behaviour infront of my family and admittedly got a little angry about it. I didn't hit anyone but i was still involved as far as the court was concerned. I'm sure many other people in my position may have reacted in the same way?