Rehabilitation

[palapa72]

Hi I am very new here. I hope I get some help. Is there anyone who understands anything about rehabilitation. I was convicted for driving without insurance sometime in 2008 in the UK. This car was my friend's and he held the insurance and i was not included in it. I paid and £80 fine or face 4 days in prison. Paid the fine.

My beef is, has anyone out there undergone a successful application for rehabilitation process and what was their experience? Can I apply for a TRV while waiting on the application for Rehab process?

Also we intend to get married in Kenya with my girlfriend in Jan 2012. If this application will not have gone through would it be ok to make any other visa applications before hearing from London on the Rehab.

Not a lot is out on any of the forums on this. I applied in January 2010 in London UK for this and have not as much as received an acknowledgement of receipt of my application from London. I am a Kenyan and hold a valid UK work permit and live and work here based on that permit. I would like to join my girlfriend as joining me requires her to have a work permit for the UK Jersey so she can work. We are not able to stay together in Kenya yet as resources do not permit it and she cant work there too. My class of work permit does not permit me to have her as my dependant. if it did she would not have to worry about the visa for the UK.

My questions if you have undergone this process, how long did you wait to hear from the High Commission? How long has the process taken? Please advise the best way out of this murky situation as i we would really like to live together.

 

[PMM]

Hi

Hi I am very new here. I hope I get some help. Is there anyone who understands anything about rehabilitation. I was convicted for driving without insurance sometime in 2008 in the UK. This car was my friend's and he held the insurance and i was not included in it. I paid and £80 fine or face 4 days in prison. Paid the fine.

My beef is, has anyone out there undergone a successful application for rehabilitation process and what was their experience? Can I apply for a TRV while waiting on the application for Rehab process?

Also we intend to get married in Kenya with my girlfriend in Jan 2012. If this application will not have gone through would it be ok to make any other visa applications before hearing from London on the Rehab.

Not a lot is out on any of the forums on this. I applied in January 2010 in London UK for this and have not as much as received an acknowledgement of receipt of my application from London. I am a Kenyan and hold a valid UK work permit and live and work here based on that permit. I would like to join my girlfriend as joining me requires her to have a work permit for the UK Jersey so she can work. We are not able to stay together in Kenya yet as resources do not permit it and she cant work there too. My class of work permit does not permit me to have her as my dependant. if it did she would not have to worry about the visa for the UK.

My questions if you have undergone this process, how long did you wait to hear from the High Commission? How long has the process taken? Please advise the best way out of this murky situation as i we would really like to live together.

Driving without insurance is not a criminal code offense in Canada. You don't require rehabilitation.

 

[palapa72]

So would you advise to go ahead with the TRV application in London UK while awaiting from them about that earlier application for rehab? Am only going on about the rehab because I already put forward an apllication for that. In the application form IMM 5257 I would still have to check that i have been arrested and convicted of this offense before. Would you advise to go ahead with the application for a permit (TRP)?

 

[palapa72]

So would you advise to go ahead with the TRV application in London UK while awaiting from them about that earlier application for rehab? Am only going on about the rehab because I already put forward an apllication for that. In the application form IMM 5257 I would still have to check that i have been arrested and convicted of this offense before. Would you advise to go ahead with the application for a permit (TRP)?

Hi All,
If you are baffled by this topic like i have always been, I received a reply from the Ca Hi Cmsn in London. Application for Rehab Refused because under Canada's Immigration and Refugee Protection Act paragraph A36(1)(b) renders inadmissible any foreign national on grounds of criminality for ''having been convicted outside Canada of an offence that, if committed in Canada would constitute an indictable offence under Act of Parliament, or of 2 offences not arising out of a single occurance that, if committed in Canada, would constitute offences under an Act of Parliament''

Soo been told to wait a few years to try again to apply. :-X

So says the letter.

my advise to those in the Uk, Check your offense status in the Police National Computer first. if it does not show then never mention it . It will not be found out that first

 

[job_seeker]

Hi All,
If you are baffled by this topic like i have always been, I received a reply from the Ca Hi Cmsn in London. Application for Rehab Refused because under Canada's Immigration and Refugee Protection Act paragraph A36(1)(b) renders inadmissible any foreign national on grounds of criminality for ''having been convicted outside Canada of an offence that, if committed in Canada would constitute an indictable offence under Act of Parliament, or of 2 offences not arising out of a single occurance that, if committed in Canada, would constitute offences under an Act of Parliament''

Soo been told to wait a few years to try again to apply. :-X

So says the letter.

my advise to those in the Uk, Check your offense status in the Police National Computer first. if it does not show then never mention it . It will not be found out that first

As posted by PMM:

"Driving without insurance is not a criminal code offense in Canada. You don't require rehabilitation."

So since it is not a criminal offense in Canada, you don't need rehabilitation that is probably why your application was refused. Are you a citizen of the UK? UK citizens do not need visas to enter Canada.

 

[palapa72]

As posted by PMM:

"Driving without insurance is not a criminal code offense in Canada. You don't require rehabilitation."

So since it is not a criminal offense in Canada, you don't need rehabilitation that is probably why your application was refused. Are you a citizen of the UK? UK citizens do not need visas to enter Canada.

The letter concluded that I ''must NOT attempt to enter Canada as a visitor at this time and sufficient time has not passed since my conviction.''
I am a Kenyan on a work permit in the Uk.

 

[job_seeker]

The letter concluded that I ''must NOT attempt to enter Canada as a visitor at this time and sufficient time has not passed since my conviction.''
I am a Kenyan on a work permit in the Uk.

That's sad . Thanks for posting your experience though. Will inform others who'd be in a similar situation such as you've gone through.

 

[PMM]

Hi

The letter concluded that I ''must NOT attempt to enter Canada as a visitor at this time and sufficient time has not passed since my conviction.''
I am a Kenyan on a work permit in the Uk.

It appears that you got someone who doesn't know the law in Canada. Driving without insurance is not a criminal code offence and as it is provincial under the Motor Vehicle Act, which is not an Act of Parliament. Also A36(1)b states that you could have received 10 years of imprisonment if convicted on indictment. It is not an indictable offense

 

[palapa72]

I will apply for a TRP and hope they permit me to enter Canada. thanks PMM for your reply. You do a very good job on this forum

 

[palapa72]

Hi

It appears that you got someone who doesn't know the law in Canada. Driving without insurance is not a criminal code offence and as it is provincial under the Motor Vehicle Act, which is not an Act of Parliament. Also A36(1)b states that you could have received 10 years of imprisonment if convicted on indictment. It is not an indictable offense

Ok so I have had my girlfriend consult K Zaifman lawyers in Winnipeg and we have been advised not to do anything until this rehab hurdle is out of the way. He advised that we should ask for my file and see the notes the Hi Commission guy made in it and proceed from it. That may be she did not take time to review the circumstances surrounding my case. and that that could be the default thing to do- a refusal!!

Does any1 know how to ask for this file from the embassy? Please advise!

 

[addntox]

5 years has not elapsed since your conviction, in 5 years under the ROA 1974 and the Burgon case as of 7 years (as you were sentanced to prison of less than 6 months) your conviction will become spent, or expunged. When this happens you will no longer deemed inadmissible under IRPA A36(1)(b) A36(2)(b) and can simply get a letter stating this by filing a for information only request to CHC london.

After 5 years (so 2013) 5 years has elapsed and you can apply for rehabilitation if you dont want to wait the 7.

The alternative to that is to apply for TRP, which is very difficult to get. Unless you have compelling reasons to go to canada you're wasting your money, these are discretionary Visas usually granted on compassionate grounds. The odds are stacked against you on this unless you can prove that there's some hardship somewhere should you not be allowed entry to canada. In this case the Lawyer gave you good advice, i'm sorry there's no better answer for you.

 

[palapa72]

5 years has not elapsed since your conviction, in 5 years under the ROA 1974 and the Burgon case as of 7 years (as you were sentanced to prison of less than 6 months) your conviction will become spent, or expunged. When this happens you will no longer deemed inadmissible under IRPA A36(1)(b) A36(2)(b) and can simply get a letter stating this by filing a for information only request to CHC london.

After 5 years (so 2013) 5 years has elapsed and you can apply for rehabilitation if you dont want to wait the 7.

The alternative to that is to apply for TRP, which is very difficult to get. Unless you have compelling reasons to go to canada you're wasting your money, these are discretionary Visas usually granted on compassionate grounds. The odds are stacked against you on this unless you can prove that there's some hardship somewhere should you not be allowed entry to canada. In this case the Lawyer gave you good advice, i'm sorry there's no better answer for you.

I think this is the truth in the best no-uncertain terms. Thank you for your very honest reply. but a question here! Would I have to apply to CHC London even if i could be staying in another part of the world that this specific Hi Commission does nos service? Say i have by 2015 moved to UAE or back home in Kenya could I not apply for Information Only to the nearest CHC?

 

[addntox]

Yes, but if you are a british citizen timelines in London would probabaly be much faster