criminal admissabilty

[isjapajp]

My husband was convicted of dangerous driving in 2005 and received a ban for 12 months and a fine which expired in 2006. During the incident no other parties were involved there was no injuries etc. I understand that he would be able to apply for rehabilitation 5 years after the end of his ban which would be 2011. My husband is a police officer and was also at the time of the incident and managed to keep his job due to circumstances regarding the above incident.

I am aware of the simplified application i.e that you don't send forms in etc but my questions are

Do we have to wait until after the 5 years has passed until we submit the application? or can we apply now? Judging by the processing times do we hope that by the time they come to look at our file that the required time has passed and apply for rehabilitation then.

How long into the application process do they ask to look at your criminal records?

My goodness how confusing. We were going to apply under the AINP family stream as his brother lives in Canada but i'm not sure that we would be able to due to the conviction.


Any answers/help etc would be gratefully received.
thank you in advance.

 

[ghiaskhan]

In what category are you applying for immigration.?

 

[isjapajp]

well we were going to submit skilled worker one but then also apply for a alberta nominee family stream in feb and see if we could switch over if the nominee program was a success if not we would still have the skilled worker app in place.

 

[ghiaskhan]

just go a head with your application. Your applcation
is acknowledged in about 7-8 weeks. its then brought in queu.It normally takes quite long to strart processing our appliation,it may take years.

By the time your application gets ready for action you will be informed & you will have to complete a number of forms ,provide required documents and police certificate.I am sure by that time your husband convction will be old enough to be wiped off the record. good luck

 

[isjapajp]

Thanks for that. I appreciate you replying. It's hard to know what to do in these circumstances.

I had read on another post somewhere that traffic offences are not counted but I would've thought that they would have been .

thanks again

 

[ghiaskhan]

yes you are right, while considering criminal record the main objective is normally to ensure that criminal record is not pertaining to serious offences such as murder,rape,bodily harm,fraud,espinoge drug traficing and simmilar other offences. Trafic offences though are crimes ,main objective is to deny admission to unreliable, immoral and disloyal people.

Do you have atleast 2 years business experience, you or your husband could apply for Canadian immigration under Business class.Visit www.cic.gc.ca.....and read about business class immigration.... Its quicker than federl skilled workers programme. Also look into provincial nomination programmes . good luck.

 

[Eric Parker]

What about an expunged record? I have heard that even though your record is expunged (pardoned, sealed and removed from records via a court order), the expungment is not legally honored in Canada and it is still considered a conviction in the eyes of the CIC. Is this true?

 

[ghiaskhan]

Normally records pertaining to serious offences are neither pardnoned nor expunged.If a conviction is proved to be unsafe a court may order its removal from the criminal record.Because either the trial is fawwed or there is falsehood of evidence, other circum stances may also render a conviction as unsafe.