applying for canadian iec 2014 but have a section two assault charge

danjnr

can anyone help me out,i have a section two assault(non fatal assault)and am trying to get a visa for canada,the incident happened over ten years ago will it cause me problems getting granted a visa,as i havent been convicted of anything since bar a tax fine

Fred Swanson

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danjnr

hi fred can you give me more details?as i know a section two assault is a probation order and not a criminal record.
are you just guessing?

Fred Swanson

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danjnr

no was never arrested in my life,just had to give a small amount of money to the courts poor box as in a donation.
i am aware that canada has very strick laws but was wondering has anyone else had this problem or similar?

Pat Mustard

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

Shadow Walker

danjnr wrote: »

hi fred can you give me more details?as i know a section two assault is a probation order and not a criminal record.
are you just guessing?

A section two assault under Non Fatal Offences against the Person Act is a criminal act which , on conviction will result in a criminal record unless the presiding judge specifically deals with it under S1.1 of the Probation of Offenders Act.

Basically if convicted of S2 Assault in Court , the judge has a number of options which include probation orders etcetera but it will result in a criminal record unless the judge uses the Probation of Offenders Act

Pat Mustard

I think that the OP said that he got the benefit of the Probation Act with a sum to be paid by him to the Court poor box.

Fred Swanson

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Holsten

I believe that since 10 years have passed Canada won't care that much.

They have rehabilitation periods and I think it's after 10 years without further convictions you will be deemed "rehabilitated", but you say you have had a tax fine, I don't know if that will affect you.

Are they requesting evidence of such? I mean, unless you tell them they have no way of knowing.

Inmyownworld

You will have to apply through the Canadian Embassy to be deemed "rehabilitated", which I think you have to do prior to submitting your full application, i.e. the part which addresses your criminal record.

I know of someone who had a criminal record for a minor offence which occurred over 8 years ago, which they only had to make a charitable donation as a fine and they were refused their visa because of it.

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

Inmyownworld

Holsten wrote: »

Are they requesting evidence of such? I mean, unless you tell them they have no way of knowing.

They request a Garda clearance cert as part of your application.