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Criminal Rehabilitation

melsie82oz

Newbie
Apr 15, 2013
1
0
I recently applied for a International Experience Canada visa and was declined. Let me go into more detail, I have a DUI from some 6-7 years ago (2006). I applied for stage 1 of my visa including a 'Criminal Rehabilitation' form, I was successful up to this stage and received a conditional acceptance letter. It was stage 2 of my visa I received the decline letter stating the following:

"Following an examination of your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) for the reasons explained below. I am therefore refusing your application.
On grounds of criminality for:
 A36(2)(b): Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it."

I have looked at documentation inrelation to 'A36(2)b' however, it is still not clear to me why I was declined. This incident occured more than 5 years ago so therefore I had presumed this would be fairly cut and dry and would make me eligable for a working visa.

This comes as quite a blow since we are due to fly to the US mid May, I am heading over with my partner who has already received his elibibility visa to work in Canada. Note we did not apply as 'common law partners' as I understand we have had to have lived together for longer than 12 months, we at current have only been living together 8 months.

Another factor is I turn 31 on May 3rd, so its cutting it very fine to my cut off.

If you can provide any further advice on the above it would be much appreciated.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


melsie82oz said:
I recently applied for a International Experience Canada visa and was declined. Let me go into more detail, I have a DUI from some 6-7 years ago (2006). I applied for stage 1 of my visa including a 'Criminal Rehabilitation' form, I was successful up to this stage and received a conditional acceptance letter. It was stage 2 of my visa I received the decline letter stating the following:

"Following an examination of your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) for the reasons explained below. I am therefore refusing your application.
On grounds of criminality for:
 A36(2)(b): Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it."

I have looked at documentation inrelation to 'A36(2)b' however, it is still not clear to me why I was declined. This incident occured more than 5 years ago so therefore I had presumed this would be fairly cut and dry and would make me eligable for a working visa.

This comes as quite a blow since we are due to fly to the US mid May, I am heading over with my partner who has already received his elibibility visa to work in Canada. Note we did not apply as 'common law partners' as I understand we have had to have lived together for longer than 12 months, we at current have only been living together 8 months.

Another factor is I turn 31 on May 3rd, so its cutting it very fine to my cut off.

If you can provide any further advice on the above it would be much appreciated.
1. You are inadmissible criminally to Canada. You are eligible to apply for rehabilitation, you can't be deemed to be rehabilitated until 10 years have passed from the completion of your sentence.
2. You can apply for rehab, but there is no guarantee that it will be issued. A work permit/LOI won't be issued until you are rehabilitated.
3. The instructions are here: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp
 

jaysainath

Full Member
Apr 12, 2013
31
0
Dear PMM,

Please advice there is lot of ambiguity about rehabilitation...Does UK cautions can make one inadmissible...
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


jaysainath said:
Dear PMM,

Please advice there is lot of ambiguity about rehabilitation...Does UK cautions can make one inadmissible...
1. Yes, as a caution means that you have admitted to the crime. So it depends what the caution was for.
 

jaysainath

Full Member
Apr 12, 2013
31
0
Dear PMM
if the caution is for shoplifting uk wil it affect immegration and visitor visa or work permit visa of canada...

pls. shed some light urgenly need help.