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TAS National Police Check - Applying for Working Holiday Visa to Canada?

Discussion in 'Immigration Law Forum' started by Riley, 28 February 2016.

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  1. Riley

    Riley Member

    24 January 2016
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    Just over 3 years ago (02/10/12), I was refused a 2nd working holiday visa for Canada as they had changed the application process and I was required to provide a National Police Check.

    On this National Police Check, it showed that I had some minor offences (failure to comply with the direction of a police officer, disorderly conduct and destroy property) from 03/01/07 and 11/04/07. I paid the fines relating the offences immediately, but I was then told that 5 years had to have passed since the date of completion of penalties, so my visa application was therefore refused.

    My question is this: in Tasmania, minor offences will be wiped from your record after 10 years of good behaviour, for me, this date will be 11/04/17. The only problem is that the Citizenship and Immigration Canada have imposed the 5 year rehabilitation period from 02/10/12 which would mean that I couldn't apply until 02/10/17. Could I reapply after 11/04/17 or would I have to wait until after 02/10/17?

    I know there isn't that much difference but I have been dating a Canadian girl for almost 5 years now and we are living in NZ now that her 2 years in Australia have come to an end. My 31st birthday is also at the end of November 2017 which means I would no longer be eligible for a working holiday visa and would have to apply for an expensive spousal sponsorship visa which I heard can take quite a long time. We have already done a year apart and we want to live in Canada so any help you have would be greatly appreciated.

    Thank you for your time and help
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    As you have probably already figured out, if you reapplied with your new FP check in April 2017 when your convictions will be spent - there is a chance your application will be denied if they go by their own records of your prior application and the fact that you are on a 5 year rehab period.

    I am not familiar with the internal processes of Canadian Immigration, so I can't help you on that point. However, if you apply right on the 2nd of October (I assume you are still writing dates in Australian day/month/year format?), there is a chance you can still get to Canada to commence your visa before your 31st birthday. That's what I had to do. Perhaps you could do a rush visa application if they offer that?

    All the best.

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