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Legal Ease
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Category: Canada Law
Satisfied Customers: 98907
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Hi There, I am a UK citizen (Born 17/01/1960)

Resolved Question:

Hi There,
I am a UK citizen (Born 17/01/1960) and work abroad most of the year, I have an old criminal record which I don’t lie about but as you are aware causes me delays in entering Canada, all my Visits are usually for less than 5 days, I work for a singer who performs in Canada as part of his USA/Canada tours.
On my last visit (23rd thru to 25th April 2014) the agent who kindly helped me with a waiver suggest that in future I contact the Canadian Embassy to pre arrange my Waiver. Please could you advise the procedure as I am scheduled to visit Canada again in September 21st in Toronto, 24th in Vancouver, I have the relating documentation regarding my criminal record, which I can forward if you require seeing it?
Below is a brief rundown.
22/11/2002,
Assault, Lille France. I have a Ministerial de la Justice (Bulletin No3) clearance certificate from France.

I was involved in an altercation with the guards on the Euro star with a friend, I awoke to him tussling with the guards and tried to assist him and was accused of assault, I travelled to Lille for the court case, “My friend ignored it” when I arrived the appointed solicitor was Surprised I’d made an appearance, she explained that it was a regular occurrence and the guards where trying to get compensation, the judge ruled that the 6 guards would get €50.00 each but had to pursue the monies themselves, non of the accusers where present at the case .
16/04/2005
Caution for assault on my partner,
No charges made, my partner fully withdrew all accusations at the time of the occurrence. I had lost my temper because our son was getting neglected due to her time spent on second life on her laptop.

08/12/2008
Arrested for Battery, 4 weeks wholly suspended sentence, 12 months programme requirement, £43.00 paid.
I came home to my partner again in the bedroom on her laptop on Second Life while our son was left to his own devices (11 years old). I lost my temper and I forcefully tried to get the laptop off her. Unfortunately our son Jake was a witness. It was all over in a matter of minutes, Doni locked herself in the bedroom, I went downstairs totally remorseful our son was a witness to this,
I just said I was guilty. Doni tried to withdraw charges but as this had happened before and I said I was guilty they wouldn’t reverse the charges. I visited a probation officer once a month and arranged for us all to go to family counselling over that year.
I have my ACPO certificate, my French clearance certificate, a letter from my partner,(we are still together after 14years) and various reference letters from employees, also a signed declaration from a qualified person under the requirements of Australian Visa application

Please Advise
Peter Hampson
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Because of your criminal record at first you were considered to be inadmissible to Canada on the basis of criminality.

But, after 5 years has passed since your sentence as been completed it is sometimes possible to be deemed to have been rehabilitated when you reach the border. However, there's no guarantee as it's up to the discretion of the immigration office.

If you don't want to take a chance at the border the most prudent thing to do is to apply for individual rehabilitation. If this application is successful you will no longer have to be concerned about being turned away at the border.

But, it takes over a year to get this processed.

So, as you want to come over before then it's sometimes possible to get what is called a Temporary Resident Permit (TRP). This is sometimes granted in cases like yours and you've received one several times.

Here is a link to the information about the TRP application:

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

You can apply ahead of time for a multiple entry TRP.

Here is the link to the webpage that explains how rehabilitation works:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 98907
Experience: I have been a lawyer since 1985 and have been a professional on this site for 5 years.
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 2 years ago.

A BRIEF RUNDOWN,


 


 


 


 


 


Hi Boris


I am a UK citizen (Born 17/01/1960) and work abroad most of the year, I have an old criminal record which I don’t lie about but as you are aware causes me delays in entering Canada, all my Visits are usually for less than 5 days, I work for a singer (Sam Smith) who performs in Canada as part of his USA/Canada tours.


On my last visit (23rd thru to 25th April 2014) the agent who kindly helped me with a waiver suggest that in future I contact the Canadian Embassy to pre arrange my Waiver. Please could you advise the procedure as I am scheduled to visit Canada again in September 21st in Toronto, 24th in Vancouver, I have the relating documentation regarding my criminal record, which I can forward if you require seeing it?


Below is a brief rundown.


22/11/2002,


Assault, Lille France. I have a Ministerial de la Justice (Bulletin No3) clearance certificate from France.


 


I was involved in an altercation with the guards on the Euro star with a friend, I awoke to him tussling with the guards and tried to assist him and was accused of assault, I travelled to Lille for the court case, “My friend ignored it” when I arrived the appointed solicitor was Surprised I’d made an appearance, she explained that it was a regular occurrence and the guards where trying to get compensation, the judge ruled that the 6 guards would get €50.00 each but had to pursue the monies themselves, non of the accusers where present at the case .


16/04/2005


Caution for assault on my partner,


No charges made, my partner fully withdrew all accusations at the time of the occurrence. I had lost my temper because our son was getting neglected due to her time spent on second life on her laptop.



08/12/2008


Arrested for Battery, 4 weeks wholly suspended sentence, 12 months programme requirement, £43.00 paid.


I came home to my partner again in the bedroom on her laptop on Second Life while our son was left to his own devices (11 years old). I lost my temper and I forcefully tried to get the laptop off her. Unfortunately our son Jake was a witness. It was all over in a matter of minutes, Doni locked herself in the bedroom, I went downstairs totally remorseful our son was a witness to this,


I just said I was guilty. Doni tried to withdraw charges but as this had happened before and I said I was guilty they wouldn’t reverse the charges. I visited a probation officer once a month and arranged for us all to go to family counselling over that year.


I have my ACPO certificate, my French clearance certificate, a letter from my partner,(we are still together after 14years) and various reference letters from employees, also a signed declaration from a qualified person under the requirements of Australian Visa application


 


Please Advise


Peter Hampson


 


 


 


 


 

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