Applying for PR Card (IMM5669- Criminal problems in country of origin)

[Luk Skywalker]

Hi, i am 18years old, I come to Canada 10th September to my Dad who will sponsor me, Problem is i was caught in poland with 4,5g of marihuana at 1st September. in Background declaration (IMM5669) there is a question for it ,,have you been convicted of, or are you currently charged with, on trial for, or a party to a crime or offence, or subject of any criminal proceeding in any other country?" i read about that you should know cic about your criminal records or you can be deported to your country, but i dont know how i should describe it, i want to ask if anyone have problem like this, im worried about that i can have problems if i dont write about this in application and its confused too because i dont know how describe this and i dont know court judgment, i dont tell police in my country about flight to canada because i was worried that they can prohibit leaving the country. i dont know what do, maybe Legal Counsel can tell me more?

 

[Dragana]

Hi, did you been on court yet, if yes what did you get? Did you had 18 or under 18?

 

[Luk Skywalker]

Problem is i dont have been in court in poland beccause case will be now in November or something like this and i have ticket on plane on 10thnovember

 

[scylla]

Based on the information you've provided, you're likely inadmissible to Canada right now.

Yes - you need to mention your criminal charges in any application you submit. Failure to do so is misrepresentation (which can be punished by a 5 year ban from Canada).

You need to get the charged dropped if you want to avoid complications with any application to Canada.

 

[Luk Skywalker]

So simply, better if i wont apply anyway because describing this situation without finished case will be taken like misrepresentation?

 

[needhimback]

So simply, better if i wont apply anyway because describing this situation without finished case will be taken like misrepresentation?

It will definitely be misrepresention.

Listen to what Scylla said!!! -and do the right thing

 

[Dragana]

If you still want to apply you can, just put that you are charged but not convinced. And later when you get your documents from the court update your file.
You must get an absolute discharge or your case dropped.
Or you must wait 2-5 years to get pardon.
But if you allay now till your case come to the finale stage background check it will be approximately 2 years. The best ask a imigration lawyer how to do and when.

 

[Luk Skywalker]

Shit, then i cant apply because judgment will not be dropped or cancelled, looks like i need go to poland and there correct something if i can... i hope in the future it will not be problem to get working visa because trying to get now family sponsorship will fail if father can sponsor me before i get 19yrs old

 

[Dragana]

Take a look here

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

The best will be to go to immigration lawyer pay 150-200$ and he will help you. There always is the right way! You just need to find it.

Good luck

 

[jomz]

You need to see a lawyer in Poland and get the charges dealt with right away. Note that the charge is a summary conviction in Canada therefore even if you are convicted you would still be admissible to canada. So long as you only have this one charge/conviction on record you can go ahead and apply for PR.

 

[jomz]

Luk. Your charge is under the drug offence on this list and because it was such a small quantity the charge from Poland translates to a summary offence. As I said before if this is your 1 and ONLY charge you are ok to apply for PR. What you will need to apply is copies of the charges showing what exactly they charged you with. This will need to be translated to English by a certified translator and attach this information to the application. Also write an explanation that this is the only charge you have You may want to get a lawyer here in Canada to do a formal letter too showing the translation of the crime you committed in relation to the criminal code in Canada.

https://www.defencelaw.com/printversion-chart-contents.html
http://www.cba.org/CBA/cle/PDF/IMM13_paper_edelmann.pdf