Immigration to Canada with criminal records?

[DaveP]

Hey guys,

I'm thinking about moving to Canada, but.. I have criminal records. I know it doesn't sound good and how the hell I even think about moving to other country with criminal record but..

I've been charged with 3 ( fraud ) crimes when i was underage. ( 15 years old, and 16 years old ) I never been in prison/jail, and every police officer/ interrogation officer described me as a guy with good characteristics. Also, I've been convicted for every crime, because I pleaded guilty( only to police officers ). I've been very young, and very interested in 'business ideas' which led to fraud charges. Honestly when I found out that because of my action other human being had financially loss I paid back every single penny even before police asked me to come to police station. For 1st crime I received warning, for 2nd also warning and for 3rd crime I had fine of 100gbp~ because under the law they can't give you warning again. I never ever been asked come to the court. Every crime was related to money exchanging, I was buying virtual money and selling for profit, turned out that my bought virtual currency was obtained fraudulently and police never found who actually did this. Also, there is evidence ( skype chats ) that I was buying that currency.

Right now, I'm 22 years old kid with clean criminal record ( since 16 years old ), no parking tickets or traffic violation tickets.I've graduated from school and my exams results were greater than average. I also finished 3 year course in college(uk).

So my question.. Will I need to fill any papers for "pardons", rehabilitations or the process is much easier that crimes were committed when I was under 18? I also talked with couple lawyers from Canada both of them said that nobody would have tried to charge me as a adult based on my circumstances.

Thanks!

 

[zardoz]

Just a couple of questions...

1) have you worked through the information on this web page? http://www.cic.gc.ca/english/information/inadmissibility/

2) Under which program were you considering coming to Canada? (are you eligible?)

The way it works is that CIC compare the offence abroad with the equivalent Canadian offence, regardless of the punishment level abroad. if the Canadian law gives a maximum punishment beyond a certain level, then it's a whole new ball game. Here is the legal information for "fraud". (http://laws-lois.justice.gc.ca/eng/acts/C-46/page-180.html#h-105)

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.

Marginal note:Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Marginal note:

So, the BIG question for you is, how much was the "subject-matter" in your case(s).

 

[DaveP]

Just a couple of questions...

1) have you worked through the information on this web page?

2) Under which program were you considering coming to Canada? (are you eligible?)

The way it works is that CIC compare the offence abroad with the equivalent Canadian offence, regardless of the punishment level abroad. if the Canadian law gives a maximum punishment beyond a certain level, then it's a whole new ball game. Here is the legal information for "fraud".

So, the BIG question for you is, how much was the "subject-matter" in your case(s).

1. I have. Yes.

2. I have couple options and and yes I'm eligible to immigrate to Canada if I'm deemed rehabilitated.

The subject-matter... If it's about victim loss/money, it was well under $5,000 and every penny was paid back even before Police took action.

 

[zardoz]

Then, you should be good to go... Good luck!

 

[DaveP]

I

Then, you should be good to go... Good luck!

Thanks.

I've spoke with lawyer and he said it can be a problem because of multiple convictions so he'll follow up with more information about this next week.

 

[caipsfasttracker]

I would also look into the prospects of applying for certificate of rehabilitation or pardon in your country of origin if possible. As there is a chance depending on what the offence was one will require a certificate authorized by the Minister of Immigration allowing you into Canada. Let us know

 

[DaveP]

Hey.

I'm admissible to Canada guys. I just got back from my 3rd Canada trip! Couple months ago I had free tickets ( business trip ) to Toronto, so I took the risk, without talking to Canadian embassy I flew straight to Toronto and then long talk with Immigration officer started...

I had plenty of documents, from case files to Canada's immigration lawyer opinions ( 3 opinions from 3 different lawyers, one from Quebec and other lawyers from Toronto ).

I can say that Immigration interview went pretty smoothly, just took some time, as immigration officer's supervisor called in the guy who knows Canada's law and he compared my 'convictions' with Canada's criminal code act. It turned out that I had only 1 warning and 1 conviction ( fine ) as the other warning was actually 'case dismissed'. Immigration officer decided not even look at this warning as this was really small and paid all attention to this conviction, which ( as this law guy said ) under criminal code of Canada, Section cc. 380.(1)(b) I should be punished by a term of imprisonment up to 2 years, however by reading my circumstances, and the actually case(s) severity - he said that max I would get here in Canada was summary conviction. ( but most likely I would have been told to maintain peace and good behaviour by court.) He was even surprised that police actually took action against me, but I explained them the at that time my family had no money to hire good lawyer to try get charges dropped.

After legal opinion from border security own lawyer, immigration officer started reading my other papers. I had references about my characteristics from school, college, couple friends, my employers ( 2 ) and even police officer who charged me. I also had my school exam results, A level exam ( post-secondary school education ) results. After checking all those misc papers, he called my friend who lives in Quebec ( still have no idea why he called him. probably just to check if I'm not lying ) and then he spoke to my business partner who was waiting in the airport. After checking all papers, opinion he went to talk with supervisor about my decision, I waited for the 30(!) mins and he came in and said that they're letting me in without any conditions. I asked him if I'll be admissible to Canada for the next time, he said yes, absolutely, unless you commit new crime.

That was stressful experience, felt like I was a prisoner, but well..

2nd time I flew to Toronto for vacation with my family, I checked on declaration card that I have criminal conviction they stopped me ( hah! ) checked computer, asked what I'll do here and then let me in. It was quick, took only 10 minutes ( they were checking my luggage again! )

For the 3rd time ( that was last week ) I went to Canada as I was looking for the place to study ( canada's law says you need to be clean to get study permit, but if you were deemed or assessed by immigration officer, then I can apply for any federal program, as their computer will show I'm assessed by immigration officer and I'm admissible to Canada. I checked that I have criminal conviction on declaration card but they haven't even asked any questions!!

This is my immigration experience.

P.S. Immigration officer told me that he saw a lot of people with criminal convictions from their youth and many of them were admissible to Canada, unless they had some serious conviction which in Canada you would be charged as an adult.


EDIT: I also been told in Canada, my charges should have been dropped as I paid back every penny and the case against me wasn't that strong to prosecute me.

 

[DaveP]

I would also look into the prospects of applying for certificate of rehabilitation or pardon in your country of origin if possible. As there is a chance depending on what the offence was one will require a certificate authorized by the Minister of Immigration allowing you into Canada. Let us know

There is no certificate of rehabilitation or pardons in my country. If you get convicted as a juvenile in my country for not serious offence - your record will be clean after 1.5 years.

 

[SenoritaBella]

It certainly pays to be well organized and prepared. I think that worked favorably for you. They didn't have to do a lot of 'leg work' to verify or confirm information. Good for you.

Which declaration card is this that asks if you have a criminal conviction? I filled one out last month but can't recall seeing that question. lol

 

[Sidm786]

Hey.

I'm admissible to Canada guys. I just got back from my 3rd Canada trip! Couple months ago I had free tickets ( business trip ) to Toronto, so I took the risk, without talking to Canadian embassy I flew straight to Toronto and then long talk with Immigration officer started...

I had plenty of documents, from case files to Canada's immigration lawyer opinions ( 3 opinions from 3 different lawyers, one from Quebec and other lawyers from Toronto ).

I can say that Immigration interview went pretty smoothly, just took some time, as immigration officer's supervisor called in the guy who knows Canada's law and he compared my 'convictions' with Canada's criminal code act. It turned out that I had only 1 warning and 1 conviction ( fine ) as the other warning was actually 'case dismissed'. Immigration officer decided not even look at this warning as this was really small and paid all attention to this conviction, which ( as this law guy said ) under criminal code of Canada, Section cc. 380.(1)(b) I should be punished by a term of imprisonment up to 2 years, however by reading my circumstances, and the actually case(s) severity - he said that max I would get here in Canada was summary conviction. ( but most likely I would have been told to maintain peace and good behaviour by court.) He was even surprised that police actually took action against me, but I explained them the at that time my family had no money to hire good lawyer to try get charges dropped.

After legal opinion from border security own lawyer, immigration officer started reading my other papers. I had references about my characteristics from school, college, couple friends, my employers ( 2 ) and even police officer who charged me. I also had my school exam results, A level exam ( post-secondary school education ) results. After checking all those misc papers, he called my friend who lives in Quebec ( still have no idea why he called him. probably just to check if I'm not lying ) and then he spoke to my business partner who was waiting in the airport. After checking all papers, opinion he went to talk with supervisor about my decision, I waited for the 30(!) mins and he came in and said that they're letting me in without any conditions. I asked him if I'll be admissible to Canada for the next time, he said yes, absolutely, unless you commit new crime.

That was stressful experience, felt like I was a prisoner, but well..

2nd time I flew to Toronto for vacation with my family, I checked on declaration card that I have criminal conviction they stopped me ( hah! ) checked computer, asked what I'll do here and then let me in. It was quick, took only 10 minutes ( they were checking my luggage again! )

For the 3rd time ( that was last week ) I went to Canada as I was looking for the place to study ( canada's law says you need to be clean to get study permit, but if you were deemed or assessed by immigration officer, then I can apply for any federal program, as their computer will show I'm assessed by immigration officer and I'm admissible to Canada. I checked that I have criminal conviction on declaration card but they haven't even asked any questions!!

This is my immigration experience.

P.S. Immigration officer told me that he saw a lot of people with criminal convictions from their youth and many of them were admissible to Canada, unless they had some serious conviction which in Canada you would be charged as an adult.


EDIT: I also been told in Canada, my charges should have been dropped as I paid back every penny and the case against me wasn't that strong to prosecute me.

Hi Dave,

How can we get an immigration officer to asses our case? Do you have any contact details that you could provide? Because I want to see if a spent conviction will be treated as a spent conviction or should I wait for a period of 5 years and then apply for rehabilitation?

 

[steaky]

Hi Dave,

How can we get an immigration officer to asses our case? Do you have any contact details that you could provide? Because I want to see if a spent conviction will be treated as a spent conviction or should I wait for a period of 5 years and then apply for rehabilitation?

I doubt you would get a response from him anytime soon.

 

[Sidm786]

I doubt you would get a response from him anytime soon.

Do you happen to know anything about it yourself?

 

[scylla]

Do you happen to know anything about it yourself?

OPs posts are from almost a decade ago before the eTA program was in place. My guess is that the OP was a visa exempt visitor (e.g. from the UK or US) and was therefore able to fly without obtaining any sort of visa in advance. When they arrived in Canada, they presented the facts of their situation and the CBSA officer allowed them in. In other words, that assessment happened at the border.

What passport do you hold? What country are you going to be flying from? That is critical information to know.

 

[Sidm786]

OPs posts are from almost a decade ago before the eTA program was in place. My guess is that the OP was a visa exempt visitor (e.g. from the UK or US) and was therefore able to fly without obtaining any sort of visa in advance. When they arrived in Canada, they presented the facts of their situation and the CBSA officer allowed them in. In other words, that assessment happened at the border.

What passport do you hold? What country are you going to be flying from? That is critical information to know.

So my friend is flying from HK on a HK passport and wants to apply for OWP under the public policy which expires in Feb, 2023. She was charged with wounding and received 3 months. Her sentence was spent last December 2021, and this December it'll be 4 years. So she was wondering if she should go ahead and try to risk it as under this policy she will likely get her PR next year and so she would qualify to pay local student fees instead of international students. But at the same time she's worried that if she applies for a study permit in the future as the plan is to get a legal licence to practice at the bar, it might be a contradiction to her purpose and she might get a refusal again.

Some BG, she completed her JD from UK last year and finished a 1 year BA LLB (Hons) this year - as you can see clearly that after her experience with the law she really wants to help other people who find themselves in less fortunate circumstances and can't afford to pay exorbitant legal fees. Prior to this conviction, she was a teacher and right now, she's working as a paralegal at a law firm as a PT.

 

[scylla]

So my friend is flying from HK on a HK passport and wants to apply for OWP under the public policy which expires in Feb, 2023. She was charged with wounding and received 3 months. Her sentence was spent last December 2021, and this December it'll be 4 years. So she was wondering if she should go ahead and try to risk it as under this policy she will likely get her PR next year and so she would qualify to pay local student fees instead of international students. But at the same time she's worried that if she applies for a study permit in the future as the plan is to get a legal licence to practice at the bar, it might be a contradiction to her purpose and she might get a refusal again.

Some BG, she completed her JD from UK last year and finished a 1 year BA LLB (Hons) this year - as you can see clearly that after her experience with the law she really wants to help other people who find themselves in less fortunate circumstances and can't afford to pay exorbitant legal fees. Prior to this conviction, she was a teacher and right now, she's working as a paralegal at a law firm as a PT.

What job she has now is irrelevant. All that matters is how IRCC will assess the spent conviction against Canadian criminal law.

This is a complex / unique question and I certainly can't answer it. I think it's highly unlikely you are going to get a definitive answer on this forum. I think your friend should get a consultation with a good Canadian immigration lawyer. If your friend does not have the funds for a consultation, then she'll just need to make the decision herself on whether she rolls the dice, tries coming to Canada, and sees what happens.

I can't comment on working as a lawyer in Canada. Criminal convictions are obviously a problem. I don't know how they look at spent convictions and whether this will be a bar to entering that occupation. Suggest checking with the Canadian Bar Association or someone similar like that. This part of your question isn't immigration related.