Criminal record

[canuck_in_uk]

Okay got it. Can i ask if PCC is strictly for heavy criminal backgrounds only or there could be written something about him like 'adverse statements'?

Do you think he should do PCC just for his satisfaction? Would there by any friction in doing this? Probably he has to send finger prints from his home country to Canada?

Again, a PCC is not going to show random complaints. It is a CRIMINAL record.

 

[Lexus2021]

Hey guys Quick question I’m planning to sponsor my common-law and I got his PCC today it say outstanding charge from 2018
but he never been deported


ordered deported pursuant to sec 48 immigrants and refugee act is this a crime or How should icleared this from is rcmp record

any advice please

 

[armoured]

Hey guys Quick question I’m planning to sponsor my common-law and I got his PCC today it say outstanding charge from 2018
but he never been deported


ordered deported pursuant to sec 48 immigrants and refugee act is this a crime or How should icleared this from is rcmp record

any advice please

You definitely need to consult proper legal counsel - not just strangers on a forum.

 

[Lexus2021]

You definitely need to consult proper legal counsel - not just strangers on a forum.

if the consult look at it will charge me $250

 

[armoured]

if the consult look at it will charge me $250

If it's a criminal case with deportation risk, it will probably cost more than that. It's important though. Up to you.

 

[Lexus2021]

If it's a criminal case with deportation risk, it will probably cost more than that. It's important though. Up to you.

the Issues is he doesn’t have any criminal background or record

 

[Jazzed]

if the consult look at it will charge me $250

armoured is right you need a lawyer. Further there is no way to clear a criminal charge off a RCMP record unless he has been pardoned believe it's now called a record suspension etc etc..it is not an easy process even in the best of circumstances

Considering you are only in a Common Law relationship and he has a possible deportation order and criminal record your application is most likely to be denied without the help of a qualified lawyer

 

[Jazzed]

the Issues is he doesn’t have any criminal background or record

It's highly likely that instead of pursuing the charge.... taking it to court etc. they recommended that your partner be deported instead since he only had temporary status here.

In any event he is likely to be deemed inadmissible by ircc without a lawyer

 

[armoured]

the Issues is he doesn’t have any criminal background or record

There are only really two possibilities here:
1) Mistaken identity. Doesn't happen a lot (nowhere near as much as some like to claim) but it will not be so simple to get it corrected. Usually it would have to be both a name and date of birth match. This may not be easy to fix but you need to be certain it's actually a mistake before pursuing for long.

2) It is a factual and accurate police report and you didn't know about the criminal record. I don't want to make any accusations, but this is a far more frequent occurrence than 1) above.

 

[Lexus2021]

There are only really two possibilities here:
1) Mistaken identity. Doesn't happen a lot (nowhere near as much as some like to claim) but it will not be so simple to get it corrected. Usually it would have to be both a name and date of birth match. This may not be easy to fix but you need to be certain it's actually a mistake before pursuing for long.

2) It is a factual and accurate police report and you didn't know about the criminal record. I don't want to make any accusations, but this is a far more frequent occurrence than 1) above.

thank you so much guys I’m going call cbsa talk to his reporting officer I will updating you guys

 

[armoured]

thank you so much guys I’m going call cbsa talk to his reporting officer I will updating you guys

Could you explain what this means - what is a 'reporting officer'? What's the ongoing relationship with the CBSA?

It sounds like he has some kind of record with the police, and probably a deportation order.

If so and you're trying to make some kind of distinction between a criminal record and some other, or the type of charge in question - then you definitely need a lawyer.

It is NOT as straightforward as it may sound - the distinctions in law about what charges can make one ineligible for immigration are not, I repeat not, what many seem to think. For example, as i understand, it's not (necessarily) the period of time in sentenced but whether sentenced (guilty) for crimes whose potential sentences are longer. (Again, not an expert - I just know it's easy for non-specialists to get it wrong).

Possibly I've misunderstood your posts. But if any doubt at all - you need a lawyer.

 

[Lexus2021]

Could you explain what this means - what is a 'reporting officer'? What's the ongoing relationship with the CBSA?

It sounds like he has some kind of record with the police, and probably a deportation order.

If so and you're trying to make some kind of distinction between a criminal record and some other, or the type of charge in question - then you definitely need a lawyer.

It is NOT as straightforward as it may sound - the distinctions in law about what charges can make one ineligible for immigration are not, I repeat not, what many seem to think. For example, as i understand, it's not (necessarily) the period of time in sentenced but whether sentenced (guilty) for crimes whose potential sentences are longer. (Again, not an expert - I just know it's easy for non-specialists to get it wrong).

Possibly I've misunderstood your posts. But if any doubt at all - you need a lawyer.

He used to live here but he’s visa Got overdue so he hast to leave the country voluntary and I talked to a CBSA officer when he was checking in for reporting in 2018 for few weeks he said it’s not criminality but said maybe the security officer may be mistakenly take his fingerprint under RCMP database and I’m still waiting for his email how to clear it or further action needed

 

[Lexus2021]

Could you explain what this means - what is a 'reporting officer'? What's the ongoing relationship with the CBSA?

It sounds like he has some kind of record with the police, and probably a deportation order.

If so and you're trying to make some kind of distinction between a criminal record and some other, or the type of charge in question - then you definitely need a lawyer.

It is NOT as straightforward as it may sound - the distinctions in law about what charges can make one ineligible for immigration are not, I repeat not, what many seem to think. For example, as i understand, it's not (necessarily) the period of time in sentenced but whether sentenced (guilty) for crimes whose potential sentences are longer. (Again, not an expert - I just know it's easy for non-specialists to get it wrong).

Possibly I've misunderstood your posts. But if any doubt at all - you need a lawyer.

Everybody’s not a criminal mistakes happens too sometimes

 

[armoured]

He used to live here but he’s visa Got overdue so he hast to leave the country voluntary and I talked to a CBSA officer when he was checking in for reporting in 2018 for few weeks he said it’s not criminality but said maybe the security officer may be mistakenly take his fingerprint under RCMP database and I’m still waiting for his email how to clear it or further action needed

Fair enough. Does the police report not specify with more detail what the (alleged) criminal act or criminal record is?

 

[Lexus2021]

Fair enough. Does the police report not specify with more detail what the (alleged) criminal act or criminal record is?

This is what it shows in rcmp certificate

outstanding charge

2018-05-11
Order deport pursuant to sec 48 immigration and refugee protection act

Immigration agency &ref#

cbsa Pacific region

This is only thing only rcmp certificate

maybe have more expertise so if you know something please advise me

I emailed the RCMP certificate to the CBSA officer and he will in touch with me in five business days