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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.

  1. Riley

    Riley Member

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    24 January 2016
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    Hi,
    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 Guest

    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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