# Successfully obtaining PR in Canada with a spent UK record



## Woodbrit (Dec 22, 2016)

Hi guys n gals, i posted this topic a while back on another forum but the responses were mixed confusion at best

could i please get some opinions and advice on the following 

'I have done a hell of a lot of research and this is a quote from the faq's section on the CIC's website 

"I am sponsoring my spouse/partner, but he/she has a criminal conviction, how will this affect his/her application?

If a conviction is considered spent under the UK Rehabilitation of Offenders Act, this will probably not affect his/her application. However, if the conviction has not been spent or if the offence was committed in another country, it may mean that your spouse/partner is considered inadmissible. This means that he/she cannot enter Canada. In rare cases, special permission to enter is granted."


All my offences were dealt with in magistrates, i received no custodial sentences only community orders and fines for which i have completed and in july of 2017 will mark 5 years since completion of final punishment 

has anyone been through something similar to this and gained PR via spousal sponsorship?


all my convictions as stands are considered spent

*
drink drive
driving without due care and attention
failure to stop at an accident 
*
using threatening or offensive language with intent to cause distress
*
failure to adhere to a court order
*
criminal damage under £5000 (committed as a minor)
*

the offences between * are ones that were committed as one event so all driving offences are from the same incidence 

My crimes are considered spent as i did no jail time and they were committed nearly 6 years ago 

quote from pancanada immigration law group

" the UK Rehabilitation of Offenders Act automatically pardons individuals after certain periods of time (depending on the circumstances) if the person was sentenced to less than 30 months in prison. Such a pardon is equivalent to a Canadian pardon and would allow the person to enter Canada."




all offenses took place in the time period of 9 months where i was immature to say the least and was clearly drinking like an out of control youth, ive since been 5 years sober and as was the case then is still the case now: ive never committed a single offense whilst sober 


sorry for the novel, any advice appreciated


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## Auld Yin (Mar 10, 2009)

I assume you've read the following. This issue causes much confusion because of its complexity. It is my understanding that the period determining rehabilitation is 10 years but I could be wrong. 

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity


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## Woodbrit (Dec 22, 2016)

Auld Yin said:


> I assume you've read the following. This issue causes much confusion because of its complexity. It is my understanding that the period determining rehabilitation is 10 years but I could be wrong.




that is correct however you are able to apply for rehabilitation or a 'pardon' as they call it in Canada once 5 years have passed since the end of your last sentence


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## broonie84 (Jun 12, 2016)

Woodbrit said:


> that is correct however you are able to apply for rehabilitation or a 'pardon' as they call it in Canada once 5 years have passed since the end of your last sentence




Hi Woodbrit, 

It depends if the same convictions in canada are considered an indictable or a summary, 

Basically drink drive is a indictable offence and as such will require a 10year period to pass from the last of your punishment to be considered admissible for passage or to work/live in canada, that being said if 5 years has past since your last conviction and this also means if you were fined and took a year to pay the fine off it'll be taken the last time you made payment towards the last conviction, if that is all 5years or more you can apply for inadmissible rehabilitation, it'll cost between $200-$1000 depending on the how they determine the seriousness of your criminal convictions, 
They will ask you to explain all events in detail and ask how you have learned from your mistakes, 

I had to go through the same thing, I had a drink drive when I was 17 and was charged with common assault over 6 years ago, 


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## Woodbrit (Dec 22, 2016)

broonie84 said:


> Hi Woodbrit,
> 
> It depends if the same convictions in canada are considered an indictable or a summary,
> 
> ...




and was your application successful? 



I've read that they try brits on the ROA 1974 in accordance with the burgen case that states if you are rehabilitated in the UK they recognize that as a pardon as we share such similar laws 


http://www.bouzanethomas.com/CriminalRehabLetter.pdf

http://www.bouzanethomas.com/CrimRehab2.PNG



my crimes are well spent by UK law


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## broonie84 (Jun 12, 2016)

Woodbrit said:


> and was your application successful?
> 
> 
> 
> ...




Yeah they use that as a guide, but it's all down to the Canadian equivalent to the crime, so drink drive = DUI - max prison sentence UPTO 10 years(should be considered non serious offence in canada) if you have a conviction on your recited that has a prison sentence in canada for a min sentence in prison of 10 years that's a serious offence considered in canada, 

I had to write a letter this year only for my assault charge and I paid $200 and it was dealt with really quickly, when I received my charge I received a fine of £450 and paid it off straight away, 

If any of your crimes included a fine that was paid off or you had community service attached the 5 years waiting period is from the last payment or last hour served for community service, 
They will ask for proof you have paid off all the fines and served the community service orders, which means getting in touch with courts etc for reprints, 

It sounds daunting but it's pretty straight forward, once you apply they communicate via email so it's pretty seemless, although waiting times depending how they view your crimes it could take up to a year to process, 

Mines took around 3 months but my crime was consider non serious and the hold up was obtaining an Australian police certificate that took over 30 days although the U.K. 1 took about 7 even with postage to Oz! 

You can apply for a rehabilitation assessment for free if you download and complete the application pack and tick the box for (information only) submit all the normal documents etc and they will review free of charge and the tell you if you need to apply for rehabilitation, but again it'll add to the processing time, I just bit the built and paid the $200 and applied as I knew I wasn't in the 'rehabilitated' 'spent' category, 

Hope this makes a little sense 


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## Woodbrit (Dec 22, 2016)

broonie84 said:


> Yeah they use that as a guide, but it's all down to the Canadian equivalent to the crime, so drink drive = DUI - max prison sentence UPTO 10 years(should be considered non serious offence in canada) if you have a conviction on your recited that has a prison sentence in canada for a min sentence in prison of 10 years that's a serious offence considered in canada,
> 
> I had to write a letter this year only for my assault charge and I paid $200 and it was dealt with really quickly, when I received my charge I received a fine of £450 and paid it off straight away,
> 
> ...



thanks for the help

my full application with attached documents and explanation of offences is basically 85% done

took AGES to write out the full events and why i dont think id reoffend ect 

i mean just the fact it was 2010 and i was only 20 then where as im almost 27 now and havnt touched booze in 6 years would seem enough considering no offence was committed sober and i was still more or less an immature teen back then

but guess i have to tick the boxes

didnt realize you need to get proof that you completed all court orders and paid fines (do court costs need to be proven too?)


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## broonie84 (Jun 12, 2016)

Woodbrit said:


> thanks for the help
> 
> 
> 
> ...




I'm not sure what court cost is? Mines was all included in the fines, but they will ask for proof of all fines and sentences, 

Just make sure when you write out your explanations of what happened, you take full responsibility for your actions, don't blame it on any 1 else or that you had an injustice etc as they will see that as you not fully admitting your wrong doing, just make sure you start of with what happened and the potential factors that made you make those bad choices e.g to much alcohol, then go on and say how you have learned from the mistakes and how you have gone on from strength to strength, included education, relationship milestones maybe becoming a father(if applicable) 
If you have no proof of you being sober for 6 years it won't really be taken into account, 

I had to do the exact same thing for australia when I applied for my visa and I had to do the same for canada this year as I'm being transferred through work, 




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