Recieved Garda Cert but have a problem(PLEASE HELP)

seamus1980

Hi all i have just recieved my Garda clearance cert but there is a problem,They have put down that i was convicted of Drink driving:mad:,Last year i got a Garda clearance cert and there was no mention about the drinking driving charge.Guys what should i do?Sould i go back in to my local garda station and complain?What it say exactly is.

my name was not convicted of ant crime while residing in Ireland,other than as set out overleaf.

My name convicted as followes
DATE:03/06/2008

COURT:Court 52

OFFENCE:Drunk in Charge

RESULT:Fined 400 euro & D/L Endorsed

Any help and advice would be fantastic guys.

JustRoss23

Mate i would go in to the gardai asap this is a serious offence in the fact that it would probably get your visa rejected. if you were convicted that's fair enough they are going to state it so the offence did happen? if so i cant imagine they will do much for you. maybe last year when it came back it was clear it was obviously a mistake. lets us no how you get on mate.

archicraft

seamus1980 wrote: »

Hi all i have just recieved my Garda clearance cert but there is a problem,They have put down that i was convicted of Drink driving:mad:,Last year i got a Garda clearance cert and there was no mention about the drinking driving charge.Guys what should i do?Sould i go back in to my local garda station and complain?What it say exactly is.

my name was not convicted of ant crime while residing in Ireland,other than as set out overleaf.

My name convicted as followes
DATE:03/06/2008

COURT:Court 52

OFFENCE:Drunk in Charge

RESULT:Fined 400 euro & D/L Endorsed

Any help and advice would be fantastic guys.

did you keep a copy of last years?

Peanut2011

Sorry OP but to me it's not clear. Are you saying you were not convicted?? To me it seems that you are saying you were but that they omitted to report it on your cert last year.

rgmmg

Sorry about your troubles, but what grounds do you have to complain? If you were charged then you were charged. There's no reason they would revoke it. Hope it is an error on their part (I got one that said I did commit a crime in 2008 but I never had so they reissued a correction saying they just copied and pasted it from somewhere - bloody gardai!!)

seamus1980

archicraft wrote: »

did you keep a copy of last years?

No unfortunately i didnt:(

seamus1980

Peanut2011 wrote: »

Sorry OP but to me it's not clear. Are you saying you were not convicted?? To me it seems that you are saying you were but that they omitted to report it on your cert last year.

Yes m8 i was convicted and was banned from driving for 3 years,but i cant understand why they would put drink driving as a criminal offence.And on my last police cert no mention about it at all.

JustRoss23

Because it is an offence it is taken very seriously in usa and canada. i don't know how this will affect your application but i wish you all the best.

gary27

I found this link, might clear things up
http://www.cic.gc.ca/english/information/inadmissibility/who.asp

one of the bullet points is;
having been convicted of a crime, including driving while under the influence of drugs or alcohol (see note 1)

its not looking good mate.

JustRoss23

Yea i taught as much DUI is a big deal over there.which it should be.

Solair

If you were charged with something, that's just being charged i.e. accused of.

As you could be charged and acquitted in court, there would be no reason to report that.

If you were convicted, then you've a criminal record. You'll just have to explain it to whatever agency / body / employer's requesting the cert.

If you don't disclose it and they subsequently find out, you could discover you've bigger problems.
It's probably a criminal offense to provide inaccurate / false / misleading information on a visa application too.

djk1000

seamus1980 wrote: »

Yes m8 i was convicted and was banned from driving for 3 years,but i cant understand why they would put drink driving as a criminal offence.And on my last police cert no mention about it at all.

Eh, it's down as a criminal offence because it's a criminal offence. You commited a crime, were charged and convicted.

JustRoss23

Solair wrote: »

If you were charged with something, that's just being charged i.e. accused of.

As you could be charged and acquitted in court, there would be no reason to report that.

If you were convicted, then you've a criminal record. You'll just have to explain it to whatever agency / body / employer's requesting the cert.

If you don't disclose it and they subsequently find out, you could discover you've bigger problems.

Op says he was convicted so we can take it he does have a criminal record. can ya get into canada with such a conviction? the fact that it is only 5 years ago does not sound promising:(

Solair

I would suggest the OP talks to an immigration lawyer with expertise on Canada.

It's possible they could let you in, but you'd really want to ensure you've a water tight application and really good advise.

Not much point in getting advise online tbh.

A criminal conviction doesn't necessarily bar you from ever getting a visa in most countries, it just makes it a whole lot more complicated as they will need to assess the circumstances, and whether or not they're willing to proceed.

JustRoss23

Agreed.

seamus1980

OMG i dont know what to do now,as i given my LOI for last year.

JustRoss23

you have an LOI Now? or are you waiting to apply for the IEC this week? i would get contacting an immigration lawyer this week mate.

seamus1980

JustRoss23 wrote: »

you have an LOI Now? or are you waiting to apply for the IEC this week? i would get contacting an immigration lawyer this week mate.

Yea i have my LOI now which i recieved last year,On my garda cert last year there was no mention about my drink driving conviction.Yes m8 i was going to apply for the additional 2 year visa this year.

JustRoss23

oh i get ya that's an awful situation to be in bud:/

giggii

seamus1980 wrote: »

Yea i have my LOI now which i recieved last year,On my garda cert last year there was no mention about my drink driving conviction.Yes m8 i was going to apply for the additional 2 year visa this year.

If you have your LOI now and it's still valid you can go now for the one year and then reapply next year for an additional two years. The garda clearance cert isn't necessary for the second visa.

discodowney

When applying for the garda background check it says to include the document stating that you need one. Where is that document. Or is it just this page: http://www.cic.gc.ca/english/information/inadmissibility/who.asp which says if you have a conviction you might not get in?

bilbop

I have a Garda Cert issued to me on 8th Jan, 2014 and I am just wondering if I was to upload my documents for Stage 2 do you think they would reject my application as my Garda Cert is 3 months and 3 days old?

Do you think they would be exactly strict on this issue?

Any feedback would be great.

Kind regards

Agro Head

bilbop wrote: »

I have a Garda Cert issued to me on 8th Jan, 2014 and I am just wondering if I was to upload my documents for Stage 2 do you think they would reject my application as my Garda Cert is 3 months and 3 days old?

Do you think they would be exactly strict on this issue?

Any feedback would be great.

Kind regards

You might get away with it or you might not.

I'd get a new one. It's not worth risking being rejected.

dublingirlhere

Had my own scraps with the guards, hope this helps.

I copied and pasted this from Canadian Website and this is the link attached(where I got information)...Good luck

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

Overcome criminal convictions


Note: This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, or when you arrive at a port of entry.

Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”

This includes both minor and serious crimes, such as:
•theft,
•assault,
•manslaughter,
•dangerous driving,
•driving while under the influence of drugs or alcohol, and
•possession of or trafficking in drugs or controlled substances.

You can find a list of criminal offences in the Criminal Code of Canada and the Controlled Drugs and Substances Act.

If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.

What you can do

Depending on the crime, how long ago it was and how you have behaved since, you may still be allowed to come to Canada, if you:
•convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or
•applied for rehabilitation and were approved, or
•were granted a record suspension or
•have a temporary resident permit.

Deemed rehabilitation

Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.
You may be deemed rehabilitated depending on:
•the crime,
•if enough time has passed since you finished serving the sentence for the crime and
•if you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Individual rehabilitation

Rehabilitation means that you are not likely to commit new crimes.

You can apply for individual rehabilitation to enter Canada. The Minister, or their delegate, may decide to grant it or not. To apply, you must:

•show that you meet the criteria,
•have been rehabilitated and
•be highly unlikely to take part in further crimes.

Also, at least five years must have passed since:
•the end of your criminal sentence (this includes probation) and
•the day you committed the act that made you inadmissible.

You must apply to the Canadian visa office that serves the country or region where you live. You must also pay a processing fee. Check the visa office website to see whether the office has any special requirements.


Note: These applications can take over a year to process. Make sure you plan far enough in advance of your travel to Canada.

Record suspension or discharge

If you have been convicted in Canada and want to apply for a record suspension (formerly known as a pardon), check with the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be inadmissible.

If you received a record suspension or a discharge for your conviction in another country, check with the visa office that serves the country or region where you live. It will tell you if the pardon is valid in Canada.

This will help make sure that when you arrive in Canada, a border services officer has enough information to decide if you can enter Canada. The officer will still check to make sure you are not inadmissible for other reasons.

Temporary resident permit

A temporary resident permit lets you enter or stay in Canada if:
•it has been less than five years since the end of your sentence or
•you have valid reasons to be in Canada.

If you have a valid reason to travel to Canada, but you are inadmissible, we may issue you a temporary resident permit. An immigration or border services officer will decide if your need to enter or stay in Canada outweighs the health or safety risks to Canadian society.

Even if the reason you are inadmissible seems minor, you must show that your visit is valid.