IS UK REHABILITATION OF OFFENDERS ACT 1974 RECOGNIZED FOR PURPOSE OF IMMIGRATION

[PMM]

Hi

PMM

I bring your attention to these 2 letters.

Criminal Rehab 1

Criminal Rehab 2

Except that London has swung both ways, usually no problem with cautions, but there have been posters in the British Expat forum who, although felt their conviction no longer required rehab, under ROA 1974 have been told to apply for rehab. If the conviction was over 10 years previously, deemed rehabilitation, no issue. Unless the Canadian equivalency would be a sentence greater than 10 years.

 

[ShaunT]

Hi PMM

That's true with the inconsistency

Even from my own post. There are two letters there.

One they have accepted a person is rehabilitated but still taken the $200 processed as a full rehab application. Although for that one it was assault and looking at the dates they grated rehab before 10 years has passed.

The other one from the visa office in Canada has refused the application on the basis of the act.

 

[BAAS]

Yes and assault in Canada is an indictable offence which, looking at the dates is less than the normally required 10 year threshold.....

 

[addntox]

The letter from Etobicoke was originally posted by me under the admissiblebrit logon in another forum.

I applied for TRP and rehab and recieved this letter, they kept my $1000 though At the time it suprised myself and my lawyer.

In 2000 i was convicted of Posession of a controlled substance and supply of a controlled substance (sharing a joint is supply if you admit to sharing it) and sentanced to 240 hours of community service. I've talked with PMM before about this here is what i know.
I have had many people private message me with similar circumstances and they have had the same or similar letter at the end of the journey. Some people are paranoid about posting publicly on forums but i've kept in touch through private messages so it's definatly not a fluke, and ive seen it for a whole range of offences. I spoke to a border agent, and they also knew about the ruling.

My conclusion is this happens pretty standard in my interactions with people, the biggest problem is that because the net is saturated with people quoting the IRPA and very little forthcoming information in any of the public documentation available people tend to be dismissive. Hell my lawyer was taken back by it at first. My adivce to anyone is if indoubt it costs nothing to send off the for information only application ad there in a matter of a few weeks you will have your definitive answer. Better yet if you want to know for purely inquisitive reasons, if you dont have a conviction under the ROA 1974 talk a friend who does have one into sending off a :for info only" app and see the results.

 

[andy108]

I wonder if anyone else got the same response recently? i.e. with reference to Burgon case.