Inadmissibility and rehablititation

[Tomywhite]

Hi all,
I thought I might ask if any one had any experience or knowledge in this area of inadmissibility.
I have read through the information here but still left with the big question mark over my head of if I will get in to Canada and also have my common law spouse application approved after with the convictions I have recorded against my name.
I have a fiance that is a Canadian citizen and is currently living in B.C and I am an Australian citizen that currently lives in Queensland, Aus.
We have ticked all boxes for common-law spouse criteria ok for the visa but I have some worries about some prior convictions recorded against my name 11 years ago.

There is a number of 3 convictions recorded after the one incident, the worst being Serious assault. (Assault on a police officer) I have since been absolutely clear of any other history as this was an out of character time for me. I have received my national AFP check and this is clear. I guess I am just looking for piece of mind through the application to know whether or not this will cause issues as this is a tense time for my partner and I. As this is over 10 years old and the sentence for this crime is under 10 years in Australia and Canada will I be deemed 'Rehabilitated' and will applying for a criminal rehabilitation be enough? Any advice on this would be greatly appreciated. Many thanks in advance.

 

[scylla]

If you are deemed rehabilitated then you won't need to apply for criminal rehabilitation.

The short answer to your question is that it could go either way. It's possible CIC may say you are deemed rehabilitated and process your application without needing criminal rehabilitation. Also quite possible (probably more likely since there are multiple charges involved), CIC will require you to go through the rehab process which will increase the overall processing of your application.

Make sure you declare all past charges in your application.

 

[Tomywhite]

Hi Scylla, The first step I am guessing to find out is to complete the ETA? Does the result of this decide whether or not I have been deemed rehabilitated? Also, do you know if they treat a charge the same as they treat a conviction? Tia, Tom

 

[scylla]

Yes - you can start by applying for an ETA. Again, make sure you are 100% honest about all charges and convictions in the application.

A charge will not be treated the same as a conviction provided that charge was dropped. Outstanding charges (i.e. charges that haven't been decided / resolved yet) are a different matter.