Does driving under suspended license arrest affect getting express entry PR

[Priya11]

Hello,
I was arrested in 2011 in USA for driving under suspended license- which I was unaware of. I appeared in court, paid the fine, took extra insurance for 3 yrs and it got dismissed and my record is clear after that. This has shown up in my FBI report which we have submitted for Canadian Express Entry visa. We are waiting for the PR result. Can someone tell us how/does it's going to affect the decision?
Thanks in advance.

 

[zardoz]

Hello,
I was arrested in 2011 in USA for driving under suspended license- which I was unaware of. I appeared in court, paid the fine, took extra insurance for 3 yrs and it got dismissed and my record is clear after that. This has shown up in my FBI report which we have submitted for Canadian Express Entry visa. We are waiting for the PR result. Can someone tell us how/does it's going to affect the decision?
Thanks in advance.

It's probably not a show-stopper but it's serious. Hybrid offences are always treated as the more serious indictable offence for immigration purposes.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-259.html

• Operation while disqualified
  (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,
  
  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    
    
  • (b) is guilty of an offence punishable on summary conviction.
    
• Marginal noteefinition of disqualification
  (5) For the purposes of this section, disqualification means
  
  • (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered under any of subsections (1), (1.01), (2) and (3.1) to (3.4); or
    
    
  • (b) in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (1.01), (2) and (3.1) to (3.4), a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed
    
    • (i) in the case of a motor vehicle, under the law of a province, and
      
      
    • (ii) in the case of a vessel or an aircraft, under an Act of Parliament.
      

 

[Priya11]

Thank you Zardoz for replying so quick.
I was teaching driving to my friend on his car which had no insurance. I got a ticket for that and when we appeared in the court, judge suggested that we take SR22 insurance which we didn't understand at that time. That's how my license got suspended and was arrested later.
FBI report just shows that I was arrested for driving on suspended license not the previous tickets. Should I get a detailed report to be on safe side and submit to CIC.

 

[zardoz]

Thank you Zardoz for replying so quick.
I was teaching driving to my friend on his car which had no insurance. I got a ticket for that and when we appeared in the court, judge suggested that we take SR22 insurance which we didn't understand at that time. That's how my license got suspended and was arrested later.
FBI report just shows that I was arrested for driving on suspended license not the previous tickets. Should I get a detailed report to be on safe side and submit to CIC.

Probably a good idea to make sure that you have all the information you need already to hand. IRCC may ask you to supply police reports and/or Court records. If you search the forum, you may find others who have been down the same path. It's always safer to over-declare your "criminal past" and let IRCC cherry pick than assume that it's not important.

 

[Priya11]

Will do that, thank you.
But I have checked our state DMV, I can get a report in 10 working days. Can this report be submitted after the PR request has be submitted?

 

[zardoz]

Will do that, thank you.
But I have checked our state DMV, I can get a report in 10 working days. Can this report be submitted after the PR request has be submitted?

Only supply what is requested or required by the checklist to start with. Let IRCC tell you what they want. Just make sure you have it all ready to go if asked.

 

[Priya11]

Thank you. DO They usually request more information or would it cause a outright rejection.

 

[zardoz]

Thank you. DO They usually request more information or would it cause a outright rejection.

You would get a procedural fairness letter at the very least. However I don't see this as blocking your application, just delaying it on further document requests. Hence the "being prepared" suggestion.

 

[Priya11]

Tganks Zardoz. We are getting our docs ready just in case if asked for.
Thanks a lot for your time and advice. Will keep you updated on the same.

 

[LifeDreamer]

It's unclear to me whether you were convicted for this offense or not. You said you had paid a fine but then said the case was dismissed. This is important.

In general, driving under a suspended license is not always equivalent to operation while disqualified in Canada. I have to look at the state statute under which you have the offense to advise you further on your admissibility. The statute code will be put next to your charge(s) and usually starts with §. It should be on your FBI certificate as well.

 

[ZZZRut]

Hi,
Has anyone any experience in obtaining Police certificate from the UK. I know the procedure, just wanted to ask, does driving ban of 6 months (5 years ago) due to accumulating 12 points on the license appears in UK police certificate. The ban was not due to some serious offence such as drink, dangerous driving etc. It was simply parking wrong, speeding etc things.

Even though, my record with UK driving agency is clean as i checked but still? also, do i need to declare this while filling application for UK PCC?

Thanks.

 

[LifeDreamer]

Hi,
Has anyone any experience in obtaining Police certificate from the UK. I know the procedure, just wanted to ask, does driving ban of 6 months (5 years ago) due to accumulating 12 points on the license appears in UK police certificate. The ban was not due to some serious offence such as drink, dangerous driving etc. It was simply parking wrong, speeding etc things.

Even though, my record with UK driving agency is clean as i checked but still? also, do i need to declare this while filling application for UK PCC?

Thanks.

Being suspended in itself is not a violation but a restriction on your driving privileges. It should only be listed under your driving record if anything. There is no need for you to declare anything. And in your case, even if you had been driving while suspended you could still be admissible to Canada.

 

[ZZZRut]

Being suspended in itself is not a violation but a restriction on your driving privileges. It should only be listed under your driving record if anything. There is no need for you to declare anything. And in your case, even if you had been driving while suspended you could still be admissible to Canada.

Thanks lot dear. Would you be able to guide me, i have done HND from the UK which is normally 2 years (2005-2007), but however, i was enrolled further for a 1 year top (2007-2008) to complete full Bachelors. In the end, i couldn't pass my final year (2007-2008). And i was awarded the HND in june 2008. Now according to my transcript, i started in 2005 and finished in 2008 which is 3 years. So my question is what will be the number of years of study for this degree which i will declare in EE profile if i do.

Note: Afterwards, i also completed MBA from the UK.

Thanks

 

[LifeDreamer]

Thanks lot dear. Would you be able to guide me, i have done HND from the UK which is normally 2 years (2005-2007), but however, i was enrolled further for a 1 year top (2007-2008) to complete full Bachelors. In the end, i couldn't pass my final year (2007-2008). And i was awarded the HND in june 2008. Now according to my transcript, i started in 2005 and finished in 2008 which is 3 years. So my question is what will be the number of years of study for this degree which i will declare in EE profile if i do.

Note: Afterwards, i also completed MBA from the UK.

Thanks

If you have an MBA then the previous degree doesn't matter.

In any case, the number of years corresponds to the level of the degree and how long it normally takes a person to complete the degree, not how you personally completed it. So, if you complete a 4-year bachelor degree in two and half years it counts as a 4-year degree, and if it takes you three years to complete a 1 year diploma then it counts as a 1 year degree.

This is a general guidance only to have a reasonable expectation about your points. The final decision rests with WES and others who may have a different opinion if they see a light course load or an easier degree plan than if it would be in Canada and accordingly assess it as a lesser degree, so short answer is that you have to submit the ECA first and see what is decided in the report.

 

[ZZZRut]

If you have an MBA then the previous degree doesn't matter.

In any case, the number of years corresponds to the level of the degree and how long it normally takes a person to complete the degree, not how you personally completed it. So, if you complete a 4-year bachelor degree in two and half years it counts as a 4-year degree, and if it takes you three years to complete a 1 year diploma then it counts as a 1 year degree.

This is a general guidance only to have a reasonable expectation about your points. The final decision rests with WES and others who may have a different opinion if they see a light course load or an easier degree plan than if it would be in Canada and accordingly assess it as a lesser degree, so short answer is that you have to submit the ECA first and see what is decided in the report.

Thanks a lot. I have already done ECA for all my degrees. My ECA for HND equivalency is "two years diploma". However, in EE profile, CIC asks for dates on transcript thats why i got confused with 2 or 3 years things but your point is very valid. Also, my HND and secondary school is before 10 years and i have only mentioned Masters in my EE profile to avoid confusion with my HND as i am getting max points for Masters. So post ITA, they ask for only 10 years personal history, which means i will not be able to list my secondary school and HND anywhere. Am i right?

Thanks for your time.