# Police clearance



## kellyl (Mar 16, 2012)

Will a DUI get a PR visa refused?


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## kellyl (Mar 16, 2012)

When getting the Medicals do they ask about mental health, my husband is on meds for depression does he have to disclose that & will we still get a PR visa?


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## EVHB (Feb 11, 2008)

It depends:
Medical exam requirements for permanent residents
But I don't think an 'ordinary' depresission is a problem. 

I don't know about DUI, but if you google it, I was surprised of what I found...
Canada Immigration - Inadmissibility based on Impaired Driving Convictions - DUI - DWI
(more of that if you google 'dui and immigration to canada') 
Was it only DUI, or did you cause an accident? Killed or wounded somebody while DUI?


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## kellyl (Mar 16, 2012)

Thanks for that, it was just a got caught over the limit, lost his license for a few months but got a work permit so he could drive to & from work & was fined!! 
That information was very legal, do you think this situation would cause us to be declined??


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## kellyl (Mar 16, 2012)

Would this also restrict us if he got offered a job & we tried to go that route! It 't been 5yrs since it happened so will we just have to wait???


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## G-Mo (Aug 17, 2011)

Yes you have to declare the meds and depression.

Yes you can be denied for DUI if it was in the last 5 years.


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## kellyl (Mar 16, 2012)

The DUI was in the last 5 years, you said can be denied, is there still a chance we could be approved?? 
Has anyone been approved with a DUI on their application???
Do we just put the application in & hope for the best & is there anything we could do to increase our chances??


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## G-Mo (Aug 17, 2011)

kellyl said:


> The DUI was in the last 5 years, you said can be denied, is there still a chance we could be approved??
> Has anyone been approved with a DUI on their application???
> Do we just put the application in & hope for the best & is there anything we could do to increase our chances??


No. You will not be approved. It has to be at least 5 years since.

Google "canada criminal inadmissibility"

http://www.canadianimmigration.net/criminality-and-inadmissibility/dui-canada-entry.html
http://www.canadavisa.com/immigration-problem-criminal-inadmissibility.html
http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp


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## kellyl (Mar 16, 2012)

Well that pretty much ends the dream for about 3 more years


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## EVHB (Feb 11, 2008)

Keep your head up, and try to look at it from the bright side: 3 extra years for you to save money! So you will be better prepared, you can learn a lot more in those 3 years, ...


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## kellyl (Mar 16, 2012)

Thanks, will try to see it that way, just worried the in 3 years time we won't be on 'the list' but guess will just have to wait & see


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## kellyl (Mar 16, 2012)

If it didn't show up on the police cert would they still be able to find it??
Grasping at straws I know


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## G-Mo (Aug 17, 2011)

Well, the forms specifically ask you to declare such information, do you really want to get caught in a lie by immigration?


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## kellyl (Mar 16, 2012)

I certainly don't, that would make matters worse!

We contacted the embassy & they said we can send an email explaining the circumstance & add the court documents & they will let us know if we can proceed with the application so fingers crossed, it was a low level & a one time thing so hopefully they will look favorably on us


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## belcher (Feb 26, 2012)

kellyl said:


> I certainly don't, that would make matters worse!
> 
> We contacted the embassy & they said we can send an email explaining the circumstance & add the court documents & they will let us know if we can proceed with the application so fingers crossed, it was a low level & a one time thing so hopefully they will look favorably on us


What was the BAC %? Waist under 0.8?

10 years before it doesn't count.
5 years you can apply to be considered rehabilitated.

I don't like your chances, in fact they are slim to nothing.


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## kellyl (Mar 16, 2012)

Thanks Belcher, your a right ray of sunshine.


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## belcher (Feb 26, 2012)

kellyl said:


> Thanks Belcher, your a right ray of sunshine.


well on second thoughts, dont tell me what the BAC% was, i have no interest in helping you annymore


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## kellyl (Mar 16, 2012)

putting a downer on someones hope isn't really helping.


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## irishgirl33 (Nov 8, 2010)

kellyl said:


> putting a downer on someones hope isn't really helping.


you need to apply for crim rehab this process can take up to a year but you might be lucky and hear bk .my hubbys only tool 6wks.dont give up there are ways to still get here but it might just take a bit longer. good luck.


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## G-Mo (Aug 17, 2011)

irishgirl33 said:


> you need to apply for crim rehab this process can take up to a year but you might be lucky and hear bk .my hubbys only tool 6wks.dont give up there are ways to still get here but it might just take a bit longer. good luck.


First, please use full text and punctuation, not "text speak", thanks.

Second, you can only apply for criminal rehabilitation after 5 years (unless it is for temporary entry only).


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## irishgirl33 (Nov 8, 2010)

G-Mo said:


> First, please use full text and punctuation, not "text speak", thanks.
> 
> Second, you can only apply for criminal rehabilitation after 5 years (unless it is for temporary entry only).


apolagies i thought he said it was more than 5 yrs since .
and i can use what ever text i want.


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## irishgirl33 (Nov 8, 2010)

irishgirl33 said:


> apolagies i thought he said it was more than 5 yrs since .
> and i can use what ever text i want.


if it has been 5 yrs since DUI and he only had a ban for a few mths then you can apply once 5yrs has passed from the end of the ban.


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## G-Mo (Aug 17, 2011)

irishgirl33 said:


> and i can use what ever text i want.


Actually, you can't. It's in the terms and conditions for site usage, no text speak.


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## irishgirl33 (Nov 8, 2010)

G-Mo said:


> Actually, you can't. It's in the terms and conditions for site usage, no text speak.


i dont even know what text speak is? 
was just trying to help.


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## Wexford_Ireland (Mar 6, 2012)

Short answer is a DUI is grounds for inadmissibility as in the links given above.

You can apply for rehabilitation, not likely it will succeed but you can try.

You have to provide a police clearance cert anyway so lying is a non runner one way or another. Even if the DUI didn't appear on the cert if Canadian immigration ring up asking for any pertinent info don't be surprised when the DUI appears.

Yeah it's a bummer but drink driving is a serious offence everywhere. Have a search here for car insurance prices and realise waiting a few years might not be a bad idea anyway when you see the astronomical prices for people with clean licences. 

John


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## G-Mo (Aug 17, 2011)

Wexford_Ireland said:


> Yeah it's a bummer but drink driving is a serious offence everywhere. Have a search here for car insurance prices and realise waiting a few years might not be a bad idea anyway when you see the astronomical prices for people with clean licences.


This is true, I never thought of this, but, in Ontario it would be about $10,000/year to insure as a new driver with a DUI. Ontario is the most expensive, but B.C. wouldn't be too far off!


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## irishgirl33 (Nov 8, 2010)

of course it is a serious offence.but im sure he regrets it and there is no reason why he cant apply for Criminal Rehabilation after 5 years as passed from when his ban finished. once he has received this if and when he arrived in canada he can change his licence to a canadian one and he will recieve a clean licence.
(that is if he has a uk licence or some provincies will now swap irish ones)


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## Wexford_Ireland (Mar 6, 2012)

irishgirl33 said:


> ................... or some provincies will now swap irish ones


Really? 

Now that would be handy. Which provinces?


John


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## irishgirl33 (Nov 8, 2010)

*licence*

well i know that my brother in law who lives in B.C one of his work mates changed his Irish one over and had no problems.


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## JimJams (Jan 11, 2010)

irishgirl33 said:


> if it has been 5 yrs since DUI and he only had a ban for a few mths then you can apply once 5yrs has passed from the end of the ban.


I'm also a bit confused with what kellyl said and later everyone seems to have ignored...



kellyl said:


> Would this also restrict us if he got offered a job & we tried to go that route! *It 't been 5yrs* since it happened so will we just have to wait???





> In order to be eligible to apply for a finding of Criminal Rehabilitation, a period of 5 years must have elapsed since the completion of the entire sentence imposed for the DUI. If an individual has more than one DUI conviction, an application for Criminal Rehabilitation will be required as such an individual cannot be Deemed Rehabilitated


If it's been 5 years then why can't he apply for rehabilitation - I understand the chances _may_ be slim (I have no idea) and it may take up to a year, but it's still a better position than they are in now...



kellyl said:


> Well that pretty much ends the dream for about 3 more years


Regardless of that, why 3 years... if it is 10 years till he is deemed rehabilitated the surely it's a wait of 5 years... confusing :confused2:


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## G-Mo (Aug 17, 2011)

I'm not sure why you are confused, she clearly states on the first page:



kellyl said:


> The DUI was in the last 5 years


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## JimJams (Jan 11, 2010)

kellyl said:


> Would this also restrict us if he got offered a job & we tried to go that route! It 't been 5yrs since it happened so will we just have to wait???


Yes, and as I quoted, she also states it's been 5 years since it happened.


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## Wexford_Ireland (Mar 6, 2012)

I'm guessing it was a 3 year ban nearly 5 years ago and the ban finished 2 years ago.


If that's the case the the questions make a bit more sense, are you able to apply for rehabilitation 5 years after the ban began i.e. now or nearly now or do you have to wait until 5 years from the end of the ban which would be in three years time.

In custodial sentence situation its from the end of the sentence but a driving ban? No idea. interesting question.

John


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## irishgirl33 (Nov 8, 2010)

Wexford_Ireland said:


> I'm guessing it was a 3 year ban nearly 5 years ago and the ban finished 2 years ago.
> 
> 
> If that's the case the the questions make a bit more sense, are you able to apply for rehabilitation 5 years after the ban began i.e. now or nearly now or do you have to wait until 5 years from the end of the ban which would be in three years time.
> ...


yes but they said the ban was only for a few months:confused2:


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## JimJams (Jan 11, 2010)

That. And if it was a 3 year ban then that was a very serious drink driving offence and would have had to have been many times over the limit and/or caused other offences at the same time (accident/death/injury). Normally it's a 12 month ban anyway.


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## Wexford_Ireland (Mar 6, 2012)

Unless they're Irish in which case 3 years is standard and you go back to the judge after 2 years and beg for your license back and if he doesn't like the cut of your jib or your local garda says no then you're stuck for the full 3 years.

John

edit reading this


> Thanks for that, it was just a got caught over the limit, lost his license for a few months but got a work permit so he could drive to & from work & was fined!!


you don't get work permits to drive in Ireland if you are banned. 

If you're banned you're banned and to be honest I thought it was the same in the UK?


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## JimJams (Jan 11, 2010)

So did I, this sounds like a US thing to me... although it may be possible in extenuating circumstances to get a reduced sentence if your work depends on it and you were only slightly over... I think at this stage we are all just guessing until the OP replies and clarifies.


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## kellyl (Mar 16, 2012)

Wow sorry guys I made a typo & confused the situation. 
He received a 6 month ban which ended 2 years ago but he was given a work license so was still able to drive to & from work so that rams in 3 years time we could apply for rehabilitation! 
I never planned to lie just if the police cert didn't show I wanted to make sure that it would be ok, we contacted the visa office in Sydney & they said to send an email with all the info & they would let us know if we could apply!
We are aware it's a slim chance but we are hopeful


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## JimJams (Jan 11, 2010)

Well that clears that up! Good luck with your app.


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## Wexford_Ireland (Mar 6, 2012)

kellyl said:


> ......we contacted the visa office in Sydney..........


 unless its nova scotia?

John


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## G-Mo (Aug 17, 2011)

It's Australia.


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## belcher (Feb 26, 2012)

G-Mo said:


> It's Australia.


5 year can be worked around in specific circumstances, but Kelly is not after cold facts... Just wants people to feel sorry for her


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## kellyl (Mar 16, 2012)

Belcher is a perfect name for you, you just spew nasty comments that leave a bitter after taste.

I was not looking for sympathy, I was hoping to learn from other peoples experience which I thought this website was for!!


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## CARMAL (Aug 22, 2011)

G-MO, Your advice and comment's get everybody's back up! Why be so rude? This web site is not just for you to advise people. Everybody is entitled to have there say and you being Judge and Jury is particulary annoying. I have read numerous threads on here where you have peed people off with your comments. Who made you boss?


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## SharonJ (Aug 9, 2011)

CARMAL said:


> G-MO, Your advice and comment's get everybody's back up! Why be so rude? This web site is not just for you to advise people. Everybody is entitled to have there say and you being Judge and Jury is particulary annoying. I have read numerous threads on here where you have peed people off with your comments. Who made you boss?


Sorry Carmal in relation to this thread you may be writing about the wrong person. G-Mo has only stated facts as asked. I have always found his advice to be on the ball and would prefer to have it straight than sugar coated. 

Belcher on the other hand Humph well...


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## belcher (Feb 26, 2012)

I was only laying out the facts, then she got upset because it wasn't what she wanted to hear, I was actually trying to help but she overlooked that for the chance to complain.

Why would we come on this forum if not o help, grow up.


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## kellyl (Mar 16, 2012)

Sorry for expressing emotion, I didn't realize this was the cold hard facts forum!


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## jeff66 (Aug 19, 2009)

Yes, you have to declare depression. After your medical, you will see a "trick cyclist" to asses you. It delays the process by a week or two. We had to do this. Don't worry about it. It was all fine


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## jeff66 (Aug 19, 2009)

jeff66 said:


> Yes, you have to declare depression. After your medical, you will see a "trick cyclist" to asses you. It delays the process by a week or two. We had to do this. Don't worry about it. It was all fine


Kelly, do your homework, and find out from the powers that be. Do not listen to so called experts. I was told on ex pat forums that I did not have a cat in hell's chance of getting to Canada. 2 years later, I was here. And the people telling me I had no chance were still in the UK!

Best of luck!

Jeff


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## aaron_mcg29 (Mar 5, 2012)

jeff66 said:


> Kelly, do your homework, and find out from the powers that be. Do not listen to so called experts. I was told on ex pat forums that I did not have a cat in hell's chance of getting to Canada. 2 years later, I was here. And the people telling me I had no chance were still in the UK!
> 
> Best of luck!
> 
> Jeff


thats good to hear jeff,fair play..i just got my police cert back 2day..i have a few arrests for been intoxicated in a public place but havent been in trouble since 2005 so im not 100% whats gonna happen..they were only minor offenses and all i ever got were fines ..i have a job offer in sask..ive sent my recruitment agency the cert and im waiting on there reply to see what my hope is before i send it on to the embassy..really worried it will mess up my chances all because i had abit more to drink than i should have had


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## Christy12 (Mar 1, 2012)

Hi all, I have a conviction for affray from 10 years ago will this make me criminally inadmissable. Thanks in advance for any help


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## SharonJ (Aug 9, 2011)

Have a look at this from the CIC website

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp


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## irishgirl33 (Nov 8, 2010)

Christy12 said:


> Hi all, I have a conviction for affray from 10 years ago will this make me criminally inadmissable. Thanks in advance for any help


yes i would think so. you will have to apply for criminal Rehabilitation.


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## Christy12 (Mar 1, 2012)

irishgirl33 said:


> yes i would think so. you will have to apply for criminal Rehabilitation.


From I can see on cic website I don't need to apply for rehabilitation but may be deemed rehabilitated as it is 10 years ago. Does anyone actually have any experience of this?? Thanks for responses R


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## irishgirl33 (Nov 8, 2010)

Christy12 said:


> From I can see on cic website I don't need to apply for rehabilitation but may be deemed rehabilitated as it is 10 years ago. Does anyone actually have any experience of this?? Thanks for responses R


to be deemed Rehabilitated you have to fill out the Criminal Rehabilatation form and tick the info only box and send to embassy.they will then tell if you are admissable to canada or tell you otherwise?


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## irishgirl33 (Nov 8, 2010)

irishgirl33 said:


> to be deemed Rehabilitated you have to fill out the Criminal Rehabilatation form and tick the info only box and send to embassy.they will then tell if you are admissable to canada or tell you otherwise?


if you were charged 10 yrs ago what was your sentence?


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## Christy12 (Mar 1, 2012)

irishgirl33 said:


> if you were charged 10 yrs ago what was your sentence?


Bound to the peace for 3 years and small fine. No custodial sentance or probation


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## G-Mo (Aug 17, 2011)

Christy12 said:


> Bound to the peace for 3 years and small fine. No custodial sentance or probation


So, it's only been 7 years since your probation ended?


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## Christy12 (Mar 1, 2012)

G-Mo said:


> So, it's only been 7 years since your probation ended?


 Yes that's correct but 10 years since conviction


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## G-Mo (Aug 17, 2011)

Christy12 said:


> Yes that's correct but 10 years since conviction


CIC counts time from when the last action as a result of the charge is completed, in your case when the probation ends. It's only 7 years, so you are criminally inadmissable, but, since it's over 5 years, you can apply to be considered rehabilitated; it takes time and money, but shouldn't be a major issue.


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## Christy12 (Mar 1, 2012)

G-Mo said:


> CIC counts time from when the last action as a result of the charge is completed, in your case when the probation ends. It's only 7 years, so you are criminally inadmissable, but, since it's over 5 years, you can apply to be considered rehabilitated; it takes time and money, but shouldn't be a major issue.


Thanks for that. How long does it take? Would it be unwise to bring all information to port of entry and apply there?? Problem is the job I've been offered starts in June so would need to be out there by then


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## G-Mo (Aug 17, 2011)

Christy12 said:


> Thanks for that. How long does it take? Would it be unwise to bring all information to port of entry and apply there?? Problem is the job I've been offered starts in June so would need to be out there by then


No you cannot apply at POE. You must apply to be considered rehabilitated first before applying for the work permit. It can take over a year to get the rehabilitation.


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## G-Mo (Aug 17, 2011)

> Note: Applications for rehabilitation can take over a year to process, so make sure you plan far enough in advance.


Overcoming criminal inadmissibility


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## irishgirl33 (Nov 8, 2010)

G-Mo said:


> CIC counts time from when the last action as a result of the charge is completed, in your case when the probation ends. It's only 7 years, so you are criminally inadmissable, but, since it's over 5 years, you can apply to be considered rehabilitated; it takes time and money, but shouldn't be a major issue.


yes so 7 yrs since.so you have to apply for Criminal Rehabilitation,which is easy enough to do.
you need to get the court documents together and proof of fine paid.
also character refrences about 3. and one of them should be from someone that knew you when the incident happened.also a work ref also you need a letter from you explaining why the incident happened and how it wont happen again etc.
it can take up to a year to get processed but my husbands was done in 5 wks so you could be lucky. it can cost up to $1000. but only need to send $200 when sending application off,if its going to cost more they will inform you.


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## Christy12 (Mar 1, 2012)

Irishgirl: did u apply from Ireland and if so did u send application to London.


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## SharonJ (Aug 9, 2011)

Christy12 said:


> Thanks for that. How long does it take? Would it be unwise to bring all information to port of entry and apply there?? Problem is the job I've been offered starts in June so would need to be out there by then


Sorry to burst your bubble but due to your charge being affray you may be unable to be classed as rehabilitated and be deemed Inadmissible.


at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
the crime you committed is not considered a serious crime in Canada AND
the crime did not involve any serious property damage, physical harm to any person, or any type of weapon

http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp

I would assume your charge would come under physical harm to any person


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## irishgirl33 (Nov 8, 2010)

Christy12 said:


> Irishgirl: did u apply from Ireland and if so did u send application to London.


hi we lived in uk so applied from there but my hubby entered Canada the week after he send application to high commisssion and applied for TRP at point of entry.we did get a lawyer to do our appication. but it really isnt that hard to do yourself.


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## Christy12 (Mar 1, 2012)

SharonJ said:


> Sorry to burst your bubble but due to your charge being affray you may be unable to be classed as rehabilitated and be deemed Inadmissible.
> 
> 
> at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
> ...


No there was no harm done to anyone just more like 2 groups of people shouting at each other


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## squargle (Nov 15, 2009)

kellyl said:


> Will a DUI get a PR visa refused?


I dont know about Drunk driving but I have a 3 page criminal record and I got PR although under UK rehabilitation of offenders act and Canada pardon I was almost in the clear . I did declare all my offences and wrote a brief description of the circumstances of each one and why it would not re-occur . 
hope this helps .


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## Christy12 (Mar 1, 2012)

squargle said:


> I dont know about Drunk driving but I have a 3 page criminal record and I got PR although under UK rehabilitation of offenders act and Canada pardon I was almost in the clear . I did declare all my offences and wrote a brief description of the circumstances of each one and why it would not re-occur .
> hope this helps .


Hi squargle

Did you apply for rehabilitation yourself or get an immigration consultant to do it.


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## squargle (Nov 15, 2009)

Christy12 said:


> Hi squargle
> 
> Did you apply for rehabilitation yourself or get an immigration consultant to do it.


I did use a consultant who charged a handsome fee for putting together an application for a Canadian pardon, but when submitted it was declined as one was not actually required because I was deemed rehablilitated under UK law and was admissable to Canada under Canadian law.


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## irishgirl33 (Nov 8, 2010)

squargle said:


> I dont know about Drunk driving but I have a 3 page criminal record and I got PR although under UK rehabilitation of offenders act and Canada pardon I was almost in the clear . I did declare all my offences and wrote a brief description of the circumstances of each one and why it would not re-occur .
> hope this helps .


not if you apply for criminal rehabilitation.


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## Ghayoor (Apr 4, 2012)

Sometimes i also ask for medicals and drugs for my wife she is patient of margarine. but i asked to show me admissible slip or description... Ooooops sometime i miss, but condition is really very serious


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## tanmcgreal (Aug 1, 2011)

hi irishgirl, would like to ask you a few questions privately is there anyway i can send u a massage privately, if not could i contact you via email


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## irishgirl33 (Nov 8, 2010)

tanmcgreal said:


> hi irishgirl, would like to ask you a few questions privately is there anyway i can send u a massage privately, if not could i contact you via email


yes send me a pm. u jusr click on my name and scroll down to private message.


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## G-Mo (Aug 17, 2011)

I believe must have 5 posts to PM...


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## tanmcgreal (Aug 1, 2011)

irishgirl..cant do it think g-man is correct...so il post 5 threads and then get into contact with you!!!! thanks


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## tanmcgreal (Aug 1, 2011)

tanmcgreal said:


> irishgirl..cant do it think g-man is correct...so il post 5 threads and then get into contact with you!!!! thanks


sorry thats G-MO....and 5 posts.....lol


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## tanmcgreal (Aug 1, 2011)

irishgirl...where are you from in ireland..i know u were in the uk but what county are u from?


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## irishgirl33 (Nov 8, 2010)

tanmcgreal said:


> irishgirl...where are you from in ireland..i know u were in the uk but what county are u from?


im from cork.

you can send me an email if you want.
[email protected]


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## kellyl (Mar 16, 2012)

So we got the police cert & it says there are no disclosable court outcomes, I'm confused now as to what this means, is that all immigration need, if we disclose the DUI, how do we let them know what it was if it's not recorded!!
Has anyone been in a similar situation??


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## G-Mo (Aug 17, 2011)

If the certificate says no disclosable court outcomes, but you have been convicted of an offense specifically asked about in the immigration forms (I believe they specifically ask about DUI) you have to provide details and documents regarding the charges.


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