+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Applying for PR, having faced (but beaten) minor drugs charges here

Mystery Nick

Newbie
Jan 24, 2014
4
0
Hi,
I'm looking for some advice please!
My fiancee and I are thinking of applying for PR in Canada. We're from the UK. We've been living and working in B.C. on working holiday visas for over 2 years.
I was arrested (a few months ago, whilst in Canada) and charged with possession of controlled substances (a small amount of cocaine and MDA), following an argument with a night club bouncer.
I asserted my innocence throughout and pled not guilty. I was given a trial date, but after emailing the prosecutor and insisting he took a close look at the evidence (or lack of it), they dropped the case. I represented myself and beat the charges.
Essentially, I wasn't found guilty of anything.
I technically don't have a "criminal record", but knowing how the police work, I suspect there will be some kind of record kept of it all somewhere.
Once my fiancee and I set up an express entry profile on CIC, I'm sure they'll ask questions such as "Have you ever been arrested for drugs?"
I'll obviously have to answer honestly. Is this likely to cause problems for me?
To get to this point, my partner will have had to have already paid for her educational assessment and done an English test (around $500). I don't want to put her through all that, if they're going to deny me PR over these drugs charges...
We're planning on doing the application independently, but have just paid a consultant a one-off fee to point us in the right direction.
He suggested maybe doing a Canadian police check to see if it flags up there.
I'm a bit reluctant to pay the RCMP money to tell me what I already know. I'm pretty certain an RCMP police check will flag up that I got charged but that I was not cautioned or convicted.
However this doesn't tell me whether that's likely to create immigration problems or not though...
If anyone's got any info that'd help, I'd really appreciate it.
I can provide more details of the alleged incident if it's likely to help...
Thanks
Nick
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi

When applying for PR, you will need to declare that you were arrested. However, as you were not convicted, it will not have any effect the PR app.
 

rezafc

Champion Member
Jun 19, 2013
1,065
136
Job Offer........
Pre-Assessed..
LANDED..........
01-08-2014
Hello Nick,

As canuck_in_uk mentioned, this will have no effect on your application, since the charges were dropped. I can tell you are super fussy about this, so why don't you get a RCMP check and see what they have to say as your lawyer suggested. Once you get your result you can even ask the RCMP personnel at the desk if this result is going to have any impact on your application. As simple as that. And I'm sure the answer is no.

This being said, you should always remember that immigration officers are not there to reject your application, they are there to help you immigrate, they will do their best to fit you in within their given parameters. Of course if you are a criminal with extensive amount of charges, well you sure have no room, but a club incident, well, wouldn't even scratch the surface. I'm sure.

Stay positive and go for it, I'd say. Be truthful and sincere. That is all it takes for you to do your part in Canada. Everything else falls into place.

Best of luck,