Disease IPC 498a - Canada tourist visa

[desicanada]

Hello All,

A 498a case has been filed against my parents and myself.
As it is widely known, most of these 498a cases are tool for revenge, the dowry concept is not applicable for developed countries like USA and Canada.
Unfortunately since this has has been a criminal code in India, has anyone applied and received visitor visa with 498a case pending?

 

[Bryanna]

Hi,

It is true that sometimes Sec.498A has been falsely applied to settle personal scores..... however, there are innumerable cases of dowry harassment - across socio-ecocomic levels - by bridegrooms/their families who believe they can get rich quickly through marriage.... and they treat marriage like a lucrative business.

The courts will decide whether or not someone has genuinely sought/harassed for dowry. Anyways


Have you and your parents applied and got bail?
Have the courts allowed you/your parents to travel abroad?
Have you applied for TRVs?


Cheers

 

[Venky19]

sorry to hear. I am in the same boat too.
Myself and my parents are victimized with false 498a. They tried their best to extort fat finances.
I refused and challenged at HC. Got anticipatory bail.

How it would impact work permit applications and immigration file ?

thanks,

 

[Bryanna]

sorry to hear. I am in the same boat too.
Myself and my parents are victimized with false 498a. They tried their best to extort fat finances.
I refused and challenged at HC. Got anticipatory bail.

How it would impact work permit applications and immigration file ?

thanks,

Sorry to read about your plight.

An anticipatory bail will not help you as far as getting a TRV/Canada visa is concerned. The court case must be decided first i.e. a court judgement must be passed (which could take several years). And later, no appeals must be filed in a higher court. It is only then you can prove that you have been absolved/acquitted of the charges.

Yes, it would impact your work permit and immigration applications. Dowry harassment is a criminal offence which is punishable by imprisonment. These police charges would show up on your PCC (Police Clearances required for immigration).

If you intend to immigrate then maybe you should consider an out-of-court settlement (i.e. monetary compensation) so that your estranged spouse withdraws the charges/withdraws the FIR before the case starts in the trial court


I wish you good luck

 

[Venky19]

Thanks for your response.
Today i visited police and the answer is clear "PCC will not be issued while there are pending cases in India". PCC can only be issued after the case is disposed off by the court. This tells to me that the applicant can not apply for PR for an average of 3-5 years while 498a (dowry harassment case) in India. Although I was advised by police that i can apply to court to allow me to work and live abroad. Usually courts in India consider career and livelihood of accused and issue a direction/ order to allow the accused go and work abroad with a surety bond to ensure that the accused will attend court for scheduled trials. Which sounds a relief to answer to IRCC while applying for work permit / TRV.

 

[Bryanna]

Thanks for your response.
Today i visited police and the answer is clear "PCC will not be issued while there are pending cases in India". PCC can only be issued after the case is disposed off by the court.

That's absolutely true.

This tells to me that the applicant can not apply for PR for an average of 3-5 years while 498a (dowry harassment case) in India.

This is why I had suggested that you seek an out-of-court settlement with your estranged spouse before the matter goes to court. This is the best solution for your situation.

You can either do this as a monetary compensation..... or if you have evidence against her, then your lawyer can persuade her to withdraw the charges because you have the grounds/evidence to file counter-charges against her.

Although I was advised by police that i can apply to court to allow me to work and live abroad. Usually courts in India consider career and livelihood of accused and issue a direction/ order to allow the accused go and work abroad with a surety bond to ensure that the accused will attend court for scheduled trials. Which sounds a relief to answer to IRCC while applying for work permit / TRV.

IRCC will NOT process your visa/PR application until you are acquitted of the charges. It does not matter even if an Indian court allows you to travel abroad on a surety bond or on bail.

You will need a PCC to process your PR application. There's no workaround this

 

[Venky19]

thank you Bryanna, i put hold on Canadian dream till i clear up charges.

 

[smvutukuri]

Hi there,

One my friends is in the same situation. He has his PR applied for Canada and got approved recently, my question is Can he send the passport for stamping and settle the issue with wife and have the case closed later and then he fly to Canada?

Will this be still okay?

 

[Bryanna]

Hi there,

One my friends is in the same situation. He has his PR applied for Canada and got approved recently, my question is Can he send the passport for stamping and settle the issue with wife and have the case closed later and then he fly to Canada?

Will this be still okay?

1. Has he declared his wife as an accompanying family member or as non-accompanying?

2. Has he filed for judicial separation or for divorce?

 

[smvutukuri]

He had already submitted the divorce decree to Immigration

 

[Bryanna]

He had already submitted the divorce decree to Immigration

Your friend must try to have those charges dropped ASAP + have the case closed. Maybe by an out-of-court settlement. A lawyer can help

 

[smvutukuri]

Your friend must try to have those charges dropped ASAP + have the case closed. Maybe by an out-of-court settlement. A lawyer can help

Guys is there any way that can I delete the messages that I had sent? please let me.

 

[Venky19]

Has an FIR been booked on him ? Charge sheeted ? In either cases, he need to declare to IRCC to demonstrate his integrity before IRCC hears from someone else. Settling the FIR/ divorce can be done anytime, but declaring to IRCC is must before getting PR stamp. Otherwise, this will be treated as Mis-representation in the future and PR revoked,

Hi there,

One my friends is in the same situation. He has his PR applied for Canada and got approved recently, my question is Can he send the passport for stamping and settle the issue with wife and have the case closed later and then he fly to Canada?

Will this be still okay?

 

[fjpatel007]

Hi there,

One my friends is in the same situation. He has his PR applied for Canada and got approved recently, my question is Can he send the passport for stamping and settle the issue with wife and have the case closed later and then he fly to Canada?

Will this be still okay?

so he got PR approval with averse PCC?

 

[moscatojuices]

Not that I ever want to lie or encourage anyone to lie to the government of Canada, we know that these 498A cases from the filthy, evil women are made just to wreck the lives of good men (who often bring their wives to places like Canada for a better life). It's so sad that these situations have affected applications for some of you.

I've been threatened with a 498A but not sure if my ex-wife actually followed up with it and I haven't been back to India since.

What I can tell you is that if you already received PR or are going for citizenship, these fraud cases in India definitely won't affect your PR status or citizenship. I wouldn't even declare them because it's a fake allegation (again, only if you already have PR or citizenship).

But yes sadly if you're aware a 498A is lodged against you and you're in the process of applying for PR and a PCC won't be issued till the court case has been completed, then you have no choice but to declare it and simply be honest about your situation. Declaring it will still give you a chance that your application will succeed, but not declaring and them finding out will render you inadmissible.