I got refusal letter due to my criminal record. (INLAND) - HELP!

[lsj2767]

I applied PR INLAND and my wife sponsors me.

I got refusal letter due to my criminal record - inadmissible to Canada.

I have to apply for rehabilitation and restoration of my status.

Anybody has advice for me?

According to the refusal letter and cic call centre,
I will be able to apply for restoration and wait for approval of rehabilitation in Canada.
But I'm not sure...

I can't understand the decision.
I can say there is no direct criminal code in Canada - cic applied indirect criminal code.
My record will be deemed in November, 2015 (10 years) and it will take 1-2 years to get approval for rehabilitation anyway...

Give me some advice.

Thank you.

 

[bartjones]

According to your previous posts your criminal conviction was for a minor offence and you completed your sentence in November 2007. Assuming that is correct, you are eligible to apply for criminal rehabilitation because 5 years have passed since you completed your sentence. Deemed rehabilitation happens after 10 years.

It would be helpful to know what the conviction was for.

Submit the application for criminal rehabilitation ASAP and re-submit your application for PR.

 

[lsj2767]

According to your previous posts your criminal conviction was for a minor offence and you completed your sentence in November 2007. Assuming that is correct, you are eligible to apply for criminal rehabilitation because 5 years have passed since you completed your sentence. Deemed rehabilitation happens after 10 years.

It would be helpful to know what the conviction was for.

Submit the application for criminal rehabilitation ASAP and re-submit your application for PR.

Thank you for your reply.

It's so embrassed to say..It was pornography spread (7 normal adult videos).
There's no criminal code and it's legal in Canada.

I asked cic but I need to get rehabilitated first to apply PR.
But I don't know why I can't resubmit PR at the same time.
It's easier because there's no restoration needed..

 

[taffy7]

According to your previous posts your criminal conviction was for a minor offence and you completed your sentence in November 2007. Assuming that is correct, you are eligible to apply for criminal rehabilitation because 5 years have passed since you completed your sentence. Deemed rehabilitation happens after 10 years.

It would be helpful to know what the conviction was for.

Submit the application for criminal rehabilitation ASAP and re-submit your application for PR.

It looks like on some posts they are still asking for rehabilitation even after 12 or 15 years .

 

[bartjones]

Thank you for your reply.

It's so embrassed to say..It was *censored word*ography spread (7 normal adult videos).
There's no criminal code and it's legal in Canada.

I asked cic but I need to get rehabilitated first to apply PR.
But I don't know why I can't resubmit PR at the same time.
It's easier because there's no restoration needed..

Assuming the material you were in possession of was straight forward adult videos, you are quite correct, that's an offence in Korea but not an offence here in Canada. Did you provide details of the conviction to CIC? In particular, for Korean criminal offences they should have requested the "Summary Order" and "Criminal Fact" from the court office in Korea where you were convicted. Did you provide any of that material to them so that they could see exactly what your conviction was for?

 

[Seronic]

I applied PR INLAND and my wife sponsors me.

I got refusal letter due to my criminal record - inadmissible to Canada.

I have to apply for rehabilitation and restoration of my status.

Anybody has advice for me?

According to the refusal letter and cic call centre,
I will be able to apply for restoration and wait for approval of rehabilitation in Canada.
But I'm not sure...

I can't understand the decision.
I can say there is no direct criminal code in Canada - cic applied indirect criminal code.
My record will be deemed in November, 2015 (10 years) and it will take 1-2 years to get approval for rehabilitation anyway...

Give me some advice.

Thank you.

What is a "Indirect Criminal Code" ?

 

[bartjones]

What is a "Indirect Criminal Code" ?

I think he means that they CIC found that his offence in Korea was indirectly equivalent to an offence under the Criminal Code of Canada. I'm guessing that they didn't see the actual details of his conviction and if they had, they would have seen that the materials he was in possession of, though considered "obscene" in Korea, would not be considered "obscene" here in Canada.

 

[lsj2767]

Assuming the material you were in possession of was straight forward adult videos, you are quite correct, that's an offence in Korea but not an offence here in Canada. Did you provide details of the conviction to CIC? In particular, for Korean criminal offences they should have requested the "Summary Order" and "Criminal Fact" from the court office in Korea where you were convicted. Did you provide any of that material to them so that they could see exactly what your conviction was for?

I provided everything - it was a summary.
But cic used the word, "oscene" because the word "adult video" or P word is legal in canada.
I think if applicants have any record, should apply for rehabilitation, no matter what..
If cic website says, you should apply for rehabilitation for any record, I wouldn't have any problem at all
because it was unethical anyway regardless of charging.

 

[bartjones]

Are you sure you provided both the "Summary Order" and the "Criminal Fact"? They are two different documents. The "Summary Order" will just state what the charge was. The "Criminal Fact" will provide all the details of the offence.

 

[lsj2767]

Are you sure you provided both the "Summary Order" and the "Criminal Fact"? They are two different documents. The "Summary Order" will just state what the charge was. The "Criminal Fact" will provide all the details of the offence.

Yes I did both. They were exactly "Summary Order" and "Criminal Fact"

plus evidence that I paid up the fine even.

I never had abnormal ones except adult ones.

Interestingly, even if I applied inland and my application is refused, I will be able to re-submit.
That might be a good sign.
I thought there was no right to appeal for inland cases.

 

[mikeymyke]

Yes I did both. They were exactly "Summary Order" and "Criminal Fact"

plus evidence that I paid up the fine even.

I never had abnormal ones except adult ones.

Interestingly, even if I applied inland and my application is refused, I will be able to re-submit.
That might be a good sign.
I thought there was no right to appeal for inland cases.

You can't appeal, but that's not what you're doing, you're just simply re-applying, that's different than an appeal.

 

[Tilikun]

Yes I did both. They were exactly "Summary Order" and "Criminal Fact"

plus evidence that I paid up the fine even.

I never had abnormal ones except adult ones.

Interestingly, even if I applied inland and my application is refused, I will be able to re-submit.
That might be a good sign.
I thought there was no right to appeal for inland cases.

Yeah that's very sad news buddy , I'm sorry this happen to you ,did you get any info from call center agents about where to send the rehab application ? Is it CPC -M ? And how long it would take to approve that kind of application from within canada ?

 

[bartjones]

Yes I did both. They were exactly "Summary Order" and "Criminal Fact"

plus evidence that I paid up the fine even.

I never had abnormal ones except adult ones.

Interestingly, even if I applied inland and my application is refused, I will be able to re-submit.
That might be a good sign.
I thought there was no right to appeal for inland cases.

Yes, too bad you can't appeal. You might have a good case. It's probably best to just reapply and submit the criminal rehabilitation application with the PR application. In the Criminal Rehabilitation application you will have to submit a statement describing the circumstances surrounding the event. Be sure to point out very clearly in that statement that the videos you were found to be in possession of were just straightforward adult videos legally available anywhere in Canada.

I'm not sure about the question of your status. If CIC has determined that you are criminally inadmissible to Canada, then you would be ineligible for any visa except a Temporary Resident Permit, which is hard to get. You may want to consider having at least a brief consultation with an immigration lawyer. Your case involves an issue of criminal equivalency, which can be complicated. A lawyer might be able to give you some good advice.

Yeah that's very sad news buddy , I'm sorry this happen to you ,did you get any info from call center agents about where to send the rehab application ? Is it CPC -M ? And how long it would take to approve that kind of application from within canada ?

You can submit it to Manila where it will be processed in about a year. You can also submit it to a visa office here in Canada where it will be processed slightly quicker. You can also submit them in person at any Canada/US border crossing where, depending on the border crossing, they can be processed in less than a month, however if you do that you must remain in the US while it is being processed.

 

[SenoritaBella]

This is so strange. How come they just rejected him when it seems 5 years have passed since completion of sentence?

My friend's husband has a DUI from Korea, yet CIC sent the rehabilitation forms and gave them 60 days to submit it along with supporting documents. Not that CIC should have rejected them, but why is the process so inconsistent? ???

 

[truesmile]

I'm betting a good part of the story is missing.