Fiancé declared assault but still possible misrepresentation?

[Confusednewbie]

My fiancé was recently arrested and subsequently charged with assault last month.

Last month he also applied to change his status from worker to visitor and declared the arrest in his visitor record extension by stating “arrested due to bar fight, awaiting court date” .

His visitor extension was approved earlier this week. Can this be misrepresentation? I’m concerned about the language used in the application.

 

[Confusednewbie]

Bumping

 

[Ponga]

My fiancé was recently arrested and subsequently charged with assault last month.

Last month he also applied to change his status from worker to visitor and declared the arrest in his visitor record extension by stating “arrested due to bar fight, awaiting court date” .

His visitor extension was approved earlier this week. Can this be misrepresentation? I’m concerned about the language used in the application.

Well, you state that he was arrested and `subsequently charged' with assault, but that's not what he declared in his visitor record extension. He only mentioned being arrested, so I can see where this could be an issue.

Usually, if memory serves me correctly, questions are usually asking if a person has been charged, not if the were simply arrested. Having said that, his choice of words to mention that he is `awaiting court date', would lead one to deduce that he has been charged. In any event, I suggest you wait for others to chime in.

 

[Confusednewbie]

Well, you state that he was arrested and `subsequently charged' with assault, but that's not what he declared in his visitor record extension. He only mentioned being arrested, so I can see where this could be an issue.

Usually, if memory serves me correctly, questions are usually asking if a person has been charged, not if the were simply arrested. Having said that, his choice of words to mention that he is `awaiting court date', would lead one to deduce that he has been charged. In any event, I suggest you wait for others to chime in.

Thank you. The question on the visitor record was “have you ever been arrested/charged/convicted of a crime..”

 

[armoured]

Thank you. The question on the visitor record was “have you ever been arrested/charged/convicted of a crime..”

While personally I doubt that this would be considered akin to misrepresentation (you notified them of an issue that would allow IRCC to check with RCMP records, which they would routinely do anyway but here may repeat/check during process) ...

... bluntly, why risk it? Use a webform to provide accurate and up-to-date information , i.e. that he has been charged with a particular crime, and name the offence under the criminal code.

That said: lawyer. You need a lawyer that will know the specifics if you have ANY doubt. Violent crimes can be treated differently in immigration, and the distinction between serious crimes and less serious is not as simple a question in Canadian law as it might seem.