offence 25 years ago

[Mandy10]

A friend of mine was caught shoplifting in UK around 25 years ago. he went to court and had to pay a fine. He has , since that incident moved on as a professional . He is now in the process of applying for permanent residency in Canada and is worried that the police certificate might mention the offence and that this will jeopardize his chances for immigration. Anyone can tell me whether offences this old can affect the immigration application ?

 

[zednought]

Yes they can. However, if this was a single offence and no further offences have been recorded I believe the applicant would be "deemed rehabilitated".

 

[bennyameh]

As you are coming to Canada under the Skilled Worker Program, if you have committed or been convicted of a criminal offence, including driving while impaired, you may be prohibited from entering Canada.
However, you may be permitted to come to Canada if you:
have applied for rehabilitation and your application has been approved; or
are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or have obtained a temporary resident permit; or have obtained a pardon from the National Parole Board of Canada if the criminal offense was committed in Canada; or have obtained a foreign pardon recognized in Canada.
There are a number of ways to overcome a past conviction. For each of them, you must provide the documentation and information concerning the details of these convictions, including
information on the sentences you received for your convictions;
any pardons or discharges granted; and information on the laws under which you were convicted or pardoned or discharged.
Generally, you will not meet the security requirements if you have a criminal conviction. However, if a prescribed period has passed after the completion of the sentence, or commission of the offence (and during that time there have been no subsequent offences), you may be deemed to have been rehabilitated.
If you were convicted of or committed a criminal offence:
Outside Canada, you may be deemed to have been rehabilitated after 10 years have passed since you completed the sentence or since you committed the offence – subject to the offence being equivalent to an indictable offence punishable by a maximum term of 10 years imprisonment in Canada. If the offence is equivalent to a summary offence in Canada, and you were convicted of two or more such offences, that period is 5 years after the sentence was imposed or served.
Hope this help.
Benny

 

[Mandy10]

Thanks alot for the feedback..

After that offence, my friend stayed in UK for 4 more years without any trouble. He had then left the country but visited again as a tourist on 2 occasions and was granted the tourist visa without any problem.. I there a chance that the offence might have been removed from the police records ? and if not, how would he apply for rehabilitation if he is not a UK citizen and has been away from the country for more than 25 years ?

Any help would be most welcome

 

[zednought]

The offence is never removed from your record but will now be "stepped down". Therefore it shouldn't show on the ACPO police certificate (it will probably declare "no live trace"). From the UK's perspective he doesn't need to do anything. However, he'll need to declare the offence on his IMM 0008 (Schedule 1) form. Provided his PCCs from all the countries he's lived in show he's of good character he shouldn't have a problem.

 

[helios]

A friend of mine was caught shoplifting in UK around 25 years ago. he went to court and had to pay a fine. He has , since that incident moved on as a professional . He is now in the process of applying for permanent residency in Canada and is worried that the police certificate might mention the offence and that this will jeopardize his chances for immigration. Anyone can tell me whether offences this old can affect the immigration application ?

Presumably your friend did not shop lift something over $1000CAD value (prior 1995, currently the limit is $5000), then it is considered a summary offense of petty theft in Canada; therefore; his inadmissibility shall not be negatively affected by this foolish act.

 

[Mandy10]

Thank you all for the valuable feedback... However, If the offence is now "stepped down" as you reckon, does it really need to be declared on the IMM 0008 application form (it was much less than 1000CAD) since ,according to you, it might not show on the ACPO police certificate anyway ???

 

[zednought]

You need to bear in mind that whilst the offence will be stepped down the ACPO will probably report "no live trace". This indicates that an offence, or offences, are recorded against you. However, the details will not be revealed due to the retention rules of the PNC. CIC will therefore know that your friend does have a criminal record of some description. If he fails to declare this it would doubtless be judged as misrepresentation -- this is grounds for inadmissability in its own right.

 

[shibuya]

once robber always robber tag

 

[Mandy10]

Thank you to all... so, do you think that my friend stands any chances of getting his immigration application approved even with a "no live trace" police certificate ?

 

[zednought]

Thank you to all... so, do you think that my friend stands any chances of getting his immigration application approved even with a "no live trace" police certificate ?

If the particulars are how you described them I, personally, don't believe this will (of itself) preventing him from obtaining a PR visa.

 

[barsindoo]

mandy10,

Your friend should be alright. It's been over 10years since the offence was committed. He would be deem to have been rehabilitated since from your statement he hasn't gone again the law since then.

Please look on the bright side.

Regards,

Barsindoo

 

[Pk09]

once robber always robber tag

show som empathy if not respect.

 

[Mandy10]

Thanks Pk09... I do not usually bother to reply to such comments. This is supposed to be a forum where people exchange ideas and advice , not show disrespect..Thank you to all who have made my friend's day.

 

[cajoejoe]

To the idiot writing about a robber always a robber. l am sure you never took anything or lied or cheated in anyone in your daily life or business doings. For the person who is asking the question regarding the offense. let me assure you i have called the attorneys office in Canada for you. They s aid anything over 10 years not a BIG DEAL. You need to type a page and summarize what had happened long ago get it notarized and explain. Nothing to worry.

I hope this gives you a peace of mind.

~j