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Drink Driving Ban?

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13

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    #62
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    i suppose if you want it bad enough lad you will have to pay.


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    #63
    helpme23
    Registered Users Posts: 229 ✭✭helpme23


    So im totally outside the bracket then with a chance of even rehabillatition entry because i am over the limit for canada ?and if so it could be case of i dont know .Was your friend an Irish Citizen ?and same type of conviction.?


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    #64
    El Horseboxo
    Registered Users Posts: 5,339 ✭✭✭El Horseboxo


    helpme23 wrote: »
    So im totally outside the bracket then with a chance of even rehabillatition entry because i am over the limit for canada ?and if so it could be case of i dont know .Was your friend an Irish Citizen ?and same type of conviction.?

    I'm not saying you don't have any chance. I suppose that's up to whoever reviews your visa application. But if they follow the letter of the law they will reject you. There are thousands and thousands of applications every year and countries can usually only accept so many. They can only assess what is in front of them so in order to minimize risk of a repeat offender entering, immigration officials usually reject it regardless of circumstances.

    I know immigration officials here and the reason they do it is to protect themselves. Hypothetically what if you got approved for a visa and then killed somebody while driving under the influence in Canada. Then it emerges that you had a prior conviction. They would be in huge trouble for granting your admittance.

    Yes my friend is Irish and he blew in the fifties also. His conviction was also longer than yours. 12 years ago I believe.

    If you've already applied you've nothing to lose by letting it ride out. But be prepared for rejection and have alternate plans available. You mentioned Oz or NZ. Also be careful of immigration lawyers. They're expensive and will only spoonfeed you assurances until you hire them. Once on the clock the story could be completely different and you'll owe them big fees.


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    #65
    helpme23
    Registered Users Posts: 229 ✭✭helpme23


    PISSED off!!


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    #66
    Lima Golf
    Registered Users Posts: 794 ✭✭✭Lima Golf


    helpme23 wrote: »
    Well Canada can go suck my balls.

    Classy...


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    #67
    helpme23
    Registered Users Posts: 229 ✭✭helpme23


    Yea it was a bit of an angry taught i retreat that post.Anyhow cheers for the help guys much appreciated even though i let my tongue slip.Gluck


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    #68
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    I just got this email from High Commission of Canada in the uk

    Please note that in order to render a decision, as to whether or not, your criminal record presents an issue regarding admission to Canada, you will need to provide the following:


    Application for Criminal Rehabilitation (IMM1444)

    Original UK police certificate issued by ACPO Criminal Records Office within the past three months.

    Photocopy of the bio data page of your passport

    You can access the application form and find information, on how to obtain the police certificate via the following links:

    Application form - http://www.cic.gc.ca/english/information/applications/rehabil.asp

    Police certificates - http://www.cic.gc.ca/english/information/security/index.asp

    When completing the Application for Criminal Rehabilitation (IMM1444) please tick "For Information Only" please do NOT submit the processing fee, we will request a processing fee and any additional information from you, at a later stage, if necessary.

    Once you have submitted the above documentation, you should receive a response from our office within three months.

    Regards,

    CSU (VCM)
    Immigration and Medical Services Division
    High Commission of Canada
    38 Grosvenor Street
    London W1K 4AA, United Kingdom

    The thing is that last year i was granted my visa as it showed up on my garda cert that i had no conviction,but this year it has,I was just wondering if i apply for a visa in 2014 will think that i put false information on my visa appiclation?As i didnt know that i had a conviction?And as i wont have the funds to go this year will not using my visa this year stop me from getting one nxt year?Also i want to be truthfull.Since the spent conviction bill will be coming in this year it will clear any convictions and will so that a person is deemed rehabilitated in this country in my case (DUI) in 2008.So will this help applying to above email,as deemed rehabilitated and admissible to canada?
    As i seen discussion here
    http://britishexpats.com/forum/showthread.php?t=647159&page=9
    Any info would be great


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    #69
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seamus1980 wrote: »
    I just got this email from High Commission of Canada in the uk

    Please note that in order to render a decision, as to whether or not, your criminal record presents an issue regarding admission to Canada, you will need to provide the following:


    Application for Criminal Rehabilitation (IMM1444)

    Original UK police certificate issued by ACPO Criminal Records Office within the past three months.

    Photocopy of the bio data page of your passport

    You can access the application form and find information, on how to obtain the police certificate via the following links:

    Application form - http://www.cic.gc.ca/english/information/applications/rehabil.asp

    Police certificates - http://www.cic.gc.ca/english/information/security/index.asp

    When completing the Application for Criminal Rehabilitation (IMM1444) please tick "For Information Only" please do NOT submit the processing fee, we will request a processing fee and any additional information from you, at a later stage, if necessary.

    Once you have submitted the above documentation, you should receive a response from our office within three months.

    Regards,

    CSU (VCM)
    Immigration and Medical Services Division
    High Commission of Canada
    38 Grosvenor Street
    London W1K 4AA, United Kingdom

    The thing is that last year i was granted my visa as it showed up on my garda cert that i had no conviction,but this year it has,I was just wondering if i apply for a visa in 2014 will think that i put false information on my visa appiclation?As i didnt know that i had a conviction?And as i wont have the funds to go this year will not using my visa this year stop me from getting one nxt year?Also i want to be truthfull.Since the spent conviction bill will be coming in this year it will clear any convictions and will so that a person is deemed rehabilitated in this country in my case (DUI) in 2008.So will this help applying to above email,as deemed rehabilitated and admissible to canada?
    As i seen discussion here
    http://britishexpats.com/forum/showthread.php?t=647159&page=9
    Any info would be great

    If you did not know you had a conviction then you did not lie.

    The spent convictions bill if it becomes an Act will be of no use to anyone in your situation as it does not apply to other countries request for info.

    8.—A person who has a conviction which is, in accordance with this Act, regarded as a spent conviction, shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction where—
    (a) he or she is in a state, other than the State, and the information is sought pursuant to the exercise of the jurisdiction of the law of that state, or
    (b) he or she is within the State but the information sought relates to a matter being dealt with pursuant to the law of a state other than the State.


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    #70
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    ResearchWill wrote: »
    If you did not know you had a conviction then you did not lie.

    The spent convictions bill if it becomes an Act will be of no use to anyone in your situation as it does not apply to other countries request for info.

    8.—A person who has a conviction which is, in accordance with this Act, regarded as a spent conviction, shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction where—
    (a) he or she is in a state, other than the State, and the information is sought pursuant to the exercise of the jurisdiction of the law of that state, or
    (b) he or she is within the State but the information sought relates to a matter being dealt with pursuant to the law of a state other than the State.

    Mate i know the bill wont get rid of the conviction on my record for a visa for canada,but will it not deemed me rehabilitated in Ireland?AS this would help my situation on getting a visa?


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    #71
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seamus1980 wrote: »
    Mate i know the bill wont get rid of the conviction on my record for a visa for canada,but will it not deemed me rehabilitated in Ireland?AS this would help my situation on getting a visa?

    No you will still have to disclose it to any other country read the section again, if you have a conviction that is a spent conviction in ireland you "shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction"

    So you must disclose you had a conviction, and same is considered in ireland spent ( its not the rehabilitation bill).

    A conviction is not an automatic bar to entry to Canada, they will look at the circumstances behind the conviction. It would be possible for a person with a current conviction to be given a visa and a person with a spent conviction to be refused depending on all the factors.


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    #72
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    i feel sorry for you op you seem to be trying everything but by the sounds of it no matter what you do ya wont get into canada on a 2nd visa. if you are skilled and head over on your one year visa is there anyway you could get an LMO ?


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    #73
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    JustRoss23 wrote: »
    i feel sorry for you op you seem to be trying everything but by the sounds of it no matter what you do ya wont get into canada on a 2nd visa. if you are skilled and head over on your one year visa is there anyway you could get an LMO ?

    Mate at this stage i havent a clue what to do next,Getting really pissed of ATM:mad:
    I wouldnt mind but i was just sitting in the car at my cousin,s house where i parked it before we went out as we got split up that night,Wish i left the keys in his house:(
    Yea mate i am a qualified plumber,Not sure if a LMO would work prob would be still refused


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    #74
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    ResearchWill wrote: »
    No you will still have to disclose it to any other country read the section again, if you have a conviction that is a spent conviction in ireland you "shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction"

    So you must disclose you had a conviction, and same is considered in ireland spent ( its not the rehabilitation bill).

    A conviction is not an automatic bar to entry to Canada, they will look at the circumstances behind the conviction. It would be possible for a person with a current conviction to be given a visa and a person with a spent conviction to be refused depending on all the factors.

    Hmmmm,looks like the bill wont help me out at all then so.


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    #75
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    jeez really? my mates use to drink a few tins in the car before they went out. i may tell them not to now by the sounds of it they could get done for just pre drinking in the car in a carpark.


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    #76
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    JustRoss23 wrote: »
    jeez really? my mates use to drink a few tins in the car before they went out. i may tell them not to now by the sounds of it they could get done for just pre drinking in the car in a carpark.

    Yes that is how they go me,i was sitting in the car turned the car on as it was a really cold night to get some heat goin then the cops arrived,then straight to the cop shop,spent the night also.


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    #77
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    JustRoss23 wrote: »
    jeez really? my mates use to drink a few tins in the car before they went out. i may tell them not to now by the sounds of it they could get done for just pre drinking in the car in a carpark.

    It's simple if a person is incapable of driving, or is over the limit, and is in charge of a car, with the intention to drive (does not have to be an immediate intention can be to drive when you wake up for example) that person commits an offence, for which the punishment (depending on reading) can be a mandatory ban upto 3 years (on first conviction) or 4 if its inability or drugs (yes smoking a joint in your car can get you a 4 year mandatory driving ban).


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    #78
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seamus1980 wrote: »
    Yes that is how they go me,i was sitting in the car turned the car on as it was a really cold night to get some heat goin then the cops arrived,then straight to the cop shop,spent the night also.

    Did you appeal the matter at the time.


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    #79
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    jeez mad what if the person sitting in the car had gives the keys to someone in the back like could they still have there few tins before they go to the nightclub? i no its a silly thing to do but i suppose these guys are students and don't have that much money:o


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    #80
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    ResearchWill wrote: »
    It's simple if a person is incapable of driving, or is over the limit, and is in charge of a car, with the intention to drive (does not have to be an immediate intention can be to drive when you wake up for example) that person commits an offence, for which the punishment (depending on reading) can be a mandatory ban upto 3 years (on first conviction) or 4 if its inability or drugs (yes smoking a joint in your car can get you a 4 year mandatory driving ban).

    That is true i got a 3 year ban a bit extreme IMHO,The thing is i was in dublin that night celebrating getting the visa and flights to OZ,i dont think i would drive the whole way back to cavan.Although i was in collage with a guy who drove from dundalk to cork pissed,He got mad because he was refused by a MILF:D


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    #81
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    JustRoss23 wrote: »
    jeez mad what if the person sitting in the car had gives the keys to someone in the back like could they still have there few tins before they go to the nightclub? i no its a silly thing to do but i suppose these guys are students and don't have that much money:o

    That would then go to show there was no intention to drive and the friend would have to give that evidence in court. But really just easier to sit on cold footpath.


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    #82
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seamus1980 wrote: »
    That is true i got a 3 year ban a bit extreme IMHO,The thing is i was in dublin that night celebrating getting the visa and flights to OZ,i dont think i would drive the whole way back to cavan.Although i was in collage with a guy who drove from dundalk to cork pissed,He got mad because he was refused by a MILF:D

    I ask again did you appeal.


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    #83
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    ResearchWill wrote: »
    Did you appeal the matter at the time.

    No mate like an idiot i didnt,But i didnt really have the chance to as a few days after the court i flew out to oz


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    #84
    helpme23
    Registered Users Posts: 229 ✭✭helpme23


    In all honesty all this these laws are out dated just like Ireland **** hole.Further more all this no entry to Canada is not they end of the world i reckon it wont be a problem from what i am hearing from word on the street people are getting in with drunk and disorderly and the likes which are also deemed criminal convictions for Canada.So if this is true a conviction dating back so long ago may or may not be a problem.I dont know yet but in a couple of weeks i will.Anyway i heard its not that good out there at all Canada overrated lad.


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    #85
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seamus1980 wrote: »
    No mate like an idiot i didnt,But i didnt really have the chance to as a few days after the court i flew out to oz

    Ok you did 2 stupid things 1 sitting in car drunk 2 not appealing. There is a slight chance and I mean slight chance for you.

    Go to a good solicitor, pick one by going to the DC and watching the ones who are good a Drink Driving (be willing to spend money) get you solicitor to get a good barrister. Apply to DC to extend time for appeal, if refused appeal that refusal, if not go straight the Circuit Court, you barrister will run the no intention to drive defence (anyone in the car with you) all going well and about 2.5 -3k (maybe less) down you may get the conviction overturned.


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    #86
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    ResearchWill wrote: »
    That would then go to show there was no intention to drive and the friend would have to give that evidence in court. But really just easier to sit on cold footpath.

    Cheers mate i will be telling them the next time i see them not to do it.thanks again i never even taught something like that could happen


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    #87
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    ResearchWill wrote: »
    Ok you did 2 stupid things 1 sitting in car drunk 2 not appealing. There is a slight chance and I mean slight chance for you.

    Go to a good solicitor, pick one by going to the DC and watching the ones who are good a Drink Driving (be willing to spend money) get you solicitor to get a good barrister. Apply to DC to extend time for appeal, if refused appeal that refusal, if not go straight the Circuit Court, you barrister will run the no intention to drive defence (anyone in the car with you) all going well and about 2.5 -3k (maybe less) down you may get the conviction overturned.

    Oh thanks m8,i will go into my solicitor 2moro and have a chat with him.There was no one in the car with me that night m8.Thanks again for your advisa.


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    #88
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    helpme23 wrote: »
    In all honesty all this these laws are out dated just like Ireland **** hole.Further more all this no entry to Canada is not they end of the world i reckon it wont be a problem from what i am hearing from word on the street people are getting in with drunk and disorderly and the likes which are also deemed criminal convictions for Canada.So if this is true a conviction dating back so long ago may or may not be a problem.I dont know yet but in a couple of weeks i will.Anyway i heard its not that good out there at all Canada overrated lad.

    Mate every where is overrated even australia is,Good thing about oz is the weather,Gotta go where the work is:)


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    #89
    seamus1980
    Registered Users Posts: 480 ✭✭seamus1980


    helpme23 wrote: »
    I dont know yet but in a couple of weeks i will.

    Mate did you apply for your visa this year?Also did you send a letter explaining your situation?Wish you all the best


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    #90
    JustRoss23
    Closed Accounts Posts: 1,521 ✭✭✭JustRoss23


    oz is overrated canada is not the average wage for a journeyman electrician is 48$ and hour in Calgary the cost of living is much cheaper to oz.people are saying there laboureing in canada and getting 25$ an hour and that's great money so at nearly twice that an hour for a sparks that's unreal. so mate i would not say canada is overrated if you have a trade any trade. my bro was a stone mason and getting near 60$ an hour he and his mates were laughing all the way to the bank quite literally :D


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    #91
    helpme23
    Registered Users Posts: 229 ✭✭helpme23


    Yea i have applied for the visa on the second stage at the moment.I have not written anything yet going to get help with that but as far as the criminal record crap who knows.I know off people out there on the cash so that could be done last option.But i dont want to that.And as far as all this high wages stuff man that is not always the case here say a lot of it.Grass is always greener.To get all this money people talk about you gotta work for it it all sounds to good to be true.Whats so appealing about Canada is just a lifestyle change and having a few quid in your pocket after paying your living bills.That is it if Canada was making the poor rich everybody would left this country and earning 60 dollars an hour.Man its all here say when do get out there its just gunna be work to survive just like every were else on this planet.Was thinking tough would ya get the dole out in Canada payed into your bank account.?????


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