Help with Inadmissibility

[haywire]

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

Does it mean that If i was charged only with one summary conviction I am inadmissible ? or i am not inadmissible

I was charged with Assault but not convicted. the charges were dismissed, and they gave me a 2 year bond good behavior, at the moment my police check is showing it but in one year it will be gone

 

[21Goose]

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

Does it mean that If i was charged only with one summary conviction I am inadmissible ? or i am not inadmissible

I was charged with Assault but not convicted..

Assault will be treated as an indictable offense in Canada. Hybrid offenses (those that can be either summary or indictable under the Criminal Code) are treated as indictable offenses for the purposes of immigration.

Were the charges dropped in your case? What happened? If you were acquitted of all charges then it won't make you inadmissible, though you will need to provide proof of acquittal.

 

[haywire]

Assault will be treated as an indictable offense in Canada. Hybrid offenses (those that can be either summary or indictable under the Criminal Code) are treated as indictable offenses for the purposes of immigration.

Were the charges dropped in your case? What happened? If you were acquitted of all charges then it won't make you inadmissible, though you will need to provide proof of acquittal.

the charges were dismissed, i have a 2 years bond good behavior, its showing on my police check but in one year nothing will appear on it.

what would you say?

 

[k.h.p.]

Why have you created a second thread under a new changing the details slightly?

Here's what I said in your earlier thread:

This is a bit confusing. Charged can't be withdrawn dismissed and committed to a good behaviour bond, unless your indecent assault charge is the one that garnered you the bond. Conviction is being found guilty, plan and simple. And if you got a bond, you were convicted, no? Or was it a suspended sentence? In any event, it wasn't dismissed? I will admit that I don't know a lot about Australian criminal procedure.

The spousal application asks a different question. It asks if you've been charged with offences. And you're required to submit a police background report. So these charges will come to light if you apply for sponsorship. If they turn out to be convictions you should have declared on your ETA application, you may catch an issue for misrepresentation and be banned from applying.

I would contact an immigration lawyer who knows about criminal records for advice. These charges and/or convictions could make you inadmissible.

 

[haywire]

Why have you created a second thread under a new changing the details slightly?

Here's what I said in your earlier thread:

This is a bit confusing. Charged can't be withdrawn dismissed and committed to a good behaviour bond, unless your indecent assault charge is the one that garnered you the bond. Conviction is being found guilty, plan and simple. And if you got a bond, you were convicted, no? Or was it a suspended sentence? In any event, it wasn't dismissed? I will admit that I don't know a lot about Australian criminal procedure.

The spousal application asks a different question. It asks if you've been charged with offences. And you're required to submit a police background report. So these charges will come to light if you apply for sponsorship. If they turn out to be convictions you should have declared on your ETA application, you may catch an issue for misrepresentation and be banned from applying.

I would contact an immigration lawyer who knows about criminal records for advice. These charges and/or convictions could make you inadmissible.

Its because i had created a profile with my real name, and that was stupid.. anyway..

In australia they have this Section 10

A section 10(1)(a) dismissal is where a person pleads ‘guilty’ or is found ‘guilty’ of a criminal offence – including a ‘major traffic offence’ such as drink driving – but the court decides not to impose a criminal conviction (criminal record), fine, good behaviour bond or, in driving cases, licence disqualification.

they gave me like 2 year bond saying, ok you can go free without having to pay a fine or anything but you can not get involved in any crime or nothing related with the police, once this 2 years is over it that 2 years bond will not show on your police check anymore..

they have 2 questions

Have you ever been convicted of, or are you currently charged with

and Been detained, incarcerated , or put in jail ?

i was put in jail for like 3 hours...



It is considered to be the most lenient penalty for guilty persons.

 

[haywire]

Why have you created a second thread under a new changing the details slightly?

Here's what I said in your earlier thread:

This is a bit confusing. Charged can't be withdrawn dismissed and committed to a good behaviour bond, unless your indecent assault charge is the one that garnered you the bond. Conviction is being found guilty, plan and simple. And if you got a bond, you were convicted, no? Or was it a suspended sentence? In any event, it wasn't dismissed? I will admit that I don't know a lot about Australian criminal procedure.

The spousal application asks a different question. It asks if you've been charged with offences. And you're required to submit a police background report. So these charges will come to light if you apply for sponsorship. If they turn out to be convictions you should have declared on your ETA application, you may catch an issue for misrepresentation and be banned from applying.

I would contact an immigration lawyer who knows about criminal records for advice. These charges and/or convictions could make you inadmissible.

about the immigration lawyer, I spoke with 3 different lawyers,

the first one said: NO YOU HAVE A CRIMINAL RECORD AND THATS IT.
the second one said : I checked briefly with one of Ottawa's top criminal lawyers, luckily one of our neighbours, and he said that you have the equivalence of a conditional discharge in Canada.

and the other one said almost the same thing as the second..

but then you keep looking online and all you find is that you are inadmissible?

and the lawyers wants to charge you like 350 for 15 minutes consultation