Deemed rehabilitation granted - do I need to apply again

[MrJB]

Hi again,

When I applied for and was given my IEC I had to apply to be Deemed Rehabilitated (reckless driving charge).
I was granted it then. If I have already been deemed rehabilitated, do I need to include that certificate with my PR application?
Am I better off applying inland because of this issue?

 

[PMM]

Hi

Hi again,

When I applied for and was given my IEC I had to apply to be Deemed Rehabilitated (reckless driving charge).
I was granted it then. If I have already been deemed rehabilitated, do I need to include that certificate with my PR application?
Am I better off applying inland because of this issue?

Include it with your application. It makes no difference inland/outland.

 

[MrJB]

Legend! Thanks!

 

[SenoritaBella]

A lady I know is in a real pickle.

In 2008, her husband was charged with DUI in South Korea; driver's license suspended for 1 year and he paid a fine. They just got a letter saying he may be criminally inadmissible to Canada (they are both in Canada) and were given a rehabilitation form, and CIC requested a bunch of documents like the charge, sentence, etc which they have 90 days to provide.

Questions:
1. do they count 5 years from the end date of license suspension? Example: if suspended March 2, 2008; do they begin count 5 years from March 3, 2009? Or

2. do they count 5 years from the date he got his new license which was Sept. 2009?

Their consultant is saying it is the date the new license was issued - is this correct? I am thinking, it should be from March 3, 2009. I mean what if he didn't get(or apply for) a new license until 2 years later or not at all?

Here is the consultant's plan of action:
- since the consultant thinks they have to count from Sep 2009, he believes he will meet the 5 years in Sept. 2014
- he will mail all the documents requested the first week of June 2014
- then his clients need to pray that CIC opens the file sometime in Sept. 2014 or later and they should be passed that 5 year mark by then.

 

[Alurra71]

A lady I know is in a real pickle.

In 2008, her husband was charged with DUI in South Korea; driver's license suspended for 1 year and he paid a fine. They just got a letter saying he may be criminally inadmissible to Canada (they are both in Canada) and were given a rehabilitation form, and CIC requested a bunch of documents like the charge, sentence, etc which they have 90 days to provide.

Questions:
1. do they count 5 years from the end date of license suspension? Example: if suspended March 2, 2008; do they begin count 5 years from March 3, 2009? Or

2. do they count 5 years from the date he got his new license which was Sept. 2009?

Their consultant is saying it is the date the new license was issued - is this correct? I am thinking, it should be from March 3, 2009. I mean what if he didn't get(or apply for) a new license until 2 years later or not at all?

Here is the consultant's plan of action:
- since the consultant thinks they have to count from Sep 2009, he believes he will meet the 5 years in Sept. 2014
- he will mail all the documents requested the first week of June 2014
- then his clients need to pray that CIC opens the file sometime in Sept. 2014 or later and they should be passed that 5 year mark by then.

I think your friends should fire this consultant IMMEDIATELY! Anyone who would say I'll send it and you pray should automatically be cast in a very negative light and they should NOT pay this person anything.

Anyway, they count the time from the date signed in the forms, NOT the date they open the file. So if they are still under the 5 year rule in June, then will still be under the 5 year rule even when the application is opened 'prayed for' in September *shaking my head*

I am quite sure, like 99.9%, that you can get a rehabilition 5 years after the completion of your sentence. So if he was charged in 2008, completed his sentence in 2009, then he would be eligible in 2014.

Found this via google: "You are eligible to apply for Criminal Rehabilitation when 5 years has elapsed from the completion of the sentence (like when the fine was paid in full or the period of disqualification ended).."

So it does indeed appear that he will be deemed 'rehabilitated' in 2014.

 

[SenoritaBella]

I think your friends should fire this consultant IMMEDIATELY! Anyone who would say I'll send it and you pray should automatically be cast in a very negative light and they should NOT pay this person anything.
Yup! Unfortunately, they've already paid $3500 with another $1000 to be paid when PR issued. Then he's asking $2000 - 2500 for this rehabilitation thing. My friend plans to negotiate the price.

Anyway, they count the time from the date signed in the forms, NOT the date they open the file. So if they are still under the 5 year rule in June, then will still be under the 5 year rule even when the application is opened 'prayed for' in September *shaking my head*
I don't know how she will handle this when I tell her... she's at the brink of a breakdown. There is also a language barrier, so I don't think she understands all the consultant says.

I am quite sure, like 99.9%, that you can get a rehabilition 5 years after the completion of your sentence. So if he was charged in 2008, completed his sentence in 2009, then he would be eligible in 2014.
Ok.. I'll ask her to find the exact date he was sentenced. The lack of exact dates is another problem... they don't remember much.

Found this via google: "You are eligible to apply for Criminal Rehabilitation when 5 years has elapsed from the completion of the sentence (like when the fine was paid in full or the period of disqualification ended).."

So it does indeed appear that he will be deemed 'rehabilitated' in 2014.
Yeah... the whole thing was botched from the start. The consultant had concerns about the DUI charge from the start so counselled them to delay applying for PR for about 6 months(I think). But it appears they should delayed the application for nomination instead to ensure they were well past the 5 years.

Thanks for your help!

 

[marilamb]

@PMM can I get your help with Deemed Rehabilitation?