Citizenship

[ross2019]

Hi,
I’m a permament residence here in canada for 3 years now. This month im going to apply for canadian citizenship but very bad thing happened to me last week. I was about to go to U.S for attending family matter. but the u.s immigration officer cancelled my u.s tourist visa. The officer told me that i have a warrant of arrest in UAE. For fraud. I told him that i have left some unpaid credit cards and personal loans there that i have no capacity to pay for right now because i just have started working in canada just few years cause it took me 1 and half years to apply for work permit. Cause i was married here in canada under inland process it may takes a while to apply for work permit. Thats the reason why i cant paid off my debt in uae. They called cbsa to escort me out of u.s immigration office at YVR airport. And the cbsa officer interviewed me and she said to me that if im not going to settle what i have left in dubai it might affect my status here in canada. Then she release me. My question is do i have a record now in cbsa? In their system im worried that if im flying and going to my birth country and coming home here in canada and scan my passport if will appear what had happened to me. Pls. Advice and can i proceed to my application for citizenship. Thank you.

 

[zardoz]

Hi,
I’m a permament residence here in canada for 3 years now. This month im going to apply for canadian citizenship but very bad thing happened to me last week. I was about to go to U.S for attending family matter. but the u.s immigration officer cancelled my u.s tourist visa. The officer told me that i have a warrant of arrest in UAE. For fraud. I told him that i have left some unpaid credit cards and personal loans there that i have no capacity to pay for right now because i just have started working in canada just few years cause it took me 1 and half years to apply for work permit. Cause i was married here in canada under inland process it may takes a while to apply for work permit. Thats the reason why i cant paid off my debt in uae. They called cbsa to escort me out of u.s immigration office at YVR airport. And the cbsa officer interviewed me and she said to me that if im not going to settle what i have left in dubai it might affect my status here in canada. Then she release me. My question is do i have a record now in cbsa? In their system im worried that if im flying and going to my birth country and coming home here in canada and scan my passport if will appear what had happened to me. Pls. Advice and can i proceed to my application for citizenship. Thank you.

It won't affect your ability to come and go as a Permanent Resident but you can be sure that if the USA knows you have an outstanding arrest warrant, so does Canada. I'm not sure if this is going to block a citizenship application however. As it's "fraud" it's now probably no longer a "civil" matter but now a "criminal" offence. Was it the normal "post dated cheque" scenario again?

 

[spyfy]

Hi,
I’m a permament residence here in canada for 3 years now. This month im going to apply for canadian citizenship but very bad thing happened to me last week. I was about to go to U.S for attending family matter. but the u.s immigration officer cancelled my u.s tourist visa. The officer told me that i have a warrant of arrest in UAE. For fraud. I told him that i have left some unpaid credit cards and personal loans there that i have no capacity to pay for right now because i just have started working in canada just few years cause it took me 1 and half years to apply for work permit. Cause i was married here in canada under inland process it may takes a while to apply for work permit. Thats the reason why i cant paid off my debt in uae. They called cbsa to escort me out of u.s immigration office at YVR airport. And the cbsa officer interviewed me and she said to me that if im not going to settle what i have left in dubai it might affect my status here in canada. Then she release me. My question is do i have a record now in cbsa? In their system im worried that if im flying and going to my birth country and coming home here in canada and scan my passport if will appear what had happened to me. Pls. Advice and can i proceed to my application for citizenship. Thank you.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

Without further context, it's hard to tell if your situation falls under one of those mentioned in the list. Please note that you will have to confirm with your signature that none of these apply to you when you apply for citizenship. Do NOT keep secrets or your citizenship is in jeopardy forever (they could revoke your citizenship a decade later if you misrepresent yourself)

I would recommend asking a lawyer (NOT an immigration consultant) how and if your situation counts as a criminal offence

 

[zardoz]

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

Without further context, it's hard to tell if your situation falls under one of those mentioned in the list. Please note that you will have to confirm with your signature that none of these apply to you when you apply for citizenship. Do NOT keep secrets or your citizenship is in jeopardy forever (they could revoke your citizenship a decade later if you misrepresent yourself)

I would recommend asking a lawyer (NOT an immigration consultant) how and if your situation counts as a criminal offence

Here are the specifics.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

To be eligible to become a Canadian citizen, you must not be prohibited under the Citizenship Act. You cannot become a citizen if you:

• are on parole or on probation or serving a term of imprisonment in Canada
• are serving a sentence outside Canada
• are charged with, on trial for, or involved in an appeal for an offence under the Citizenship Act, or an indictable offence in Canada,
• are charged with, on trial for, or involved in an appeal for an offence committed outside Canada that is determined to be equivalent to an indictable offence in Canada

https://laws-lois.justice.gc.ca/eng/acts/C-46/section-380.html

Fraud

• 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
  
  • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
    
    
  • (b) is guilty
    
    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
      
      
    • (ii) of an offence punishable on summary conviction,
      
    where the value of the subject-matter of the offence does not exceed five thousand dollars.
    

 

[dpenabill]

Hi,
I’m a permament residence here in canada for 3 years now. This month im going to apply for canadian citizenship but very bad thing happened to me last week. I was about to go to U.S for attending family matter. but the u.s immigration officer cancelled my u.s tourist visa. The officer told me that i have a warrant of arrest in UAE. For fraud. I told him that i have left some unpaid credit cards and personal loans there that i have no capacity to pay for right now because i just have started working in canada just few years cause it took me 1 and half years to apply for work permit. Cause i was married here in canada under inland process it may takes a while to apply for work permit. Thats the reason why i cant paid off my debt in uae. They called cbsa to escort me out of u.s immigration office at YVR airport. And the cbsa officer interviewed me and she said to me that if im not going to settle what i have left in dubai it might affect my status here in canada. Then she release me. My question is do i have a record now in cbsa? In their system im worried that if im flying and going to my birth country and coming home here in canada and scan my passport if will appear what had happened to me. Pls. Advice and can i proceed to my application for citizenship. Thank you.

As others have cautioned, what this is actually about matters and it is difficult if not impossible for anyone here to know. AND this is a situation in which it is a good idea to obtain the advice of a LAWYER.

That said, some general observations can be offered. In particular, the specific basis for the charge is important. The key is whether or not this is an offence which, if committed in Canada, would be an indictable offence in Canada.

I do not know which countries in the world prosecute the failure to pay debts as criminal offences; there are at least several which do. And this includes some ME countries. Which ones in particular I do not know.

Such offences are typically labeled "fraud."

The failure to pay a debt is NOT an offence at all in Canada. Thus, not an indictable offence.

Thus, if the charge is based on a failure to pay a debt, it has NO effect on a Canadian PRs admissibility OR eligibility for citizenship. It is not a prohibition. The label "fraud" does not determine what effect the charge has.

However, applicants are still required to disclose the charge when applying for citizenship, since the application (item 16) specifically asks whether the applicant is charged with an "offence" outside Canada and does not specify only offences which would be indictable in Canada. This is likely to slow processing as IRCC will proceed to determine, for itself, whether the pending offence is for one that would be an indictable offence in Canada, thus a prohibition. Again, if IRCC determines the charged offence is for a failure to pay a debt, and thus NOT for what would constitute fraud under Canadian law, that is NOT a prohibition and will not make the applicant ineligible for the grant of citizenship.

This is different than a charge for fraud which meets the definition of fraud under the Canadian criminal code. A loan obtained under false pretenses, for example, would constitute fraud in Canada, and thus if that is the nature of the charge outside Canada that would constitute a prohibition and make the applicant ineligible for a grant of citizenship. Again, it would be prudent to obtain the assistance of a LAWYER in assessing what this involves and its impact on your status.

What offences outside Canada can constitute serious criminality and result in a PR's inadmissibility similarly will NOT be triggered by what is NOT an offence in Canada. So here too, if this is NOT about fraud that meets the Canadian criminal definition of fraud, but rather is about the failure to pay a debt, there is NO impact on your admissibility as a Canadian PR. (Impact in other countries depends on the law of those countries; you probably should also see a lawyer about the U.S. action since that will continue to affect your ability to go to the States even if you become a Canadian citizen, and if the foreign charge is actually only about a failure to pay a debt, that might mean you should be admissible to the U.S.)

If it is criminal fraud (as defined under Canadian law), and not merely an offence for failure to pay a debt, the potential impact on your admissibility as a PR is also something which should be discussed with a competent immigration lawyer. Criminality abroad can now lead to a PR's inadmissibility in Canada, as the PoE officials cautioned, so this is a matter you want to get clarification about sooner rather than later.

Nothing you have said suggests a misrepresentation issue, but to be clear if you had charges pending during your application for PR, and did not disclose this, that could be a separate and seriously problematic issue in itself. I'm guessing this is NOT an issue, so this is merely a cautionary aside in case the charges were already pending before you became a PR.

 

[ross2019]

Hi thank you for your reply, the cheque that i have issued was a void cheque. Its a blank cheque. Nothing amount written in the cheque that i have issued. Cause normally in dubai i pay credit card and personal loan monthly thru teller or electronic payments. They said the bank the reason why they asked you to issue a cheque is once you failed to pay a single payment they will use it against you. For not paying your credit card or personal loan.

 

[dpenabill]

Hi thank you for your reply, the cheque that i have issued was a void cheque. Its a blank cheque. Nothing amount written in the cheque that i have issued. Cause normally in dubai i pay credit card and personal loan monthly thru teller or electronic payments. They said the bank the reason why they asked you to issue a cheque is once you failed to pay a single payment they will use it against you. For not paying your credit card or personal loan.

What matters are the technical elements for the charged offence. And comparing those to the elements in offences defined by the Canadian criminal code. This is NOT something a layperson can reliably do (and not something even many lawyers can reliably do, not without doing some research and analysis.)

As I noted, in GENERAL terms, if the offence charged is based on the failure to pay a debt, that is NOT a crime in Canada, NO CANADIAN PROBLEM (other than potential delay in processing a citizenship application attendant process to verify the foreign charge is not an offence in Canada and thus not a prohibition). To verify what the charge is precisely, SEE a LAWYER.

My sense is that you are referring to an offence which is NOT a Canadian offence. And my further sense is you can proceed to apply for citizenship, check yes to the respective question in Item 16 (about having a foreign charge pending), and in the box explain that it is for failure to pay a debt and, you believe, NOT what would constitute a crime in Canada, and let IRCC take it from there. BUT THE BETTER APPROACH will be to consult with a LAWYER FIRST, and try to verify this is NOT about what would constitute an offence in Canada. (My sense of this is NOT worth much, as I am NOT an expert about these things.)

In the meantime, how this might affect traveling abroad, including to your home country, DEPENDS ON THE LAWS of the countries you transit and otherwise enter. I know very little (near nothing) about most other country's laws. I know little about what the risk is of being detained for extradition.

It should NOT have an impact on you when you arrive back in Canada. PoE officials should have no reaction different than what you encountered upon being denied entry into the U.S., and actually it should go more easily than that. BUT what might happen while you are outside Canada, I have little to no idea.

 

[spyfy]

Hi thank you for your reply, the cheque that i have issued was a void cheque. Its a blank cheque. Nothing amount written in the cheque that i have issued. Cause normally in dubai i pay credit card and personal loan monthly thru teller or electronic payments. They said the bank the reason why they asked you to issue a cheque is once you failed to pay a single payment they will use it against you. For not paying your credit card or personal loan.

I just want to emphasize what @dpenabill said above: You should really contact a lawyer about this. We in this forum are neither qualified enough, nor do we know your situation well enough, to make a call.

 

[ross2019]

Hi, thank tou for your reply,
During my application processing of my PR there is a step that you have to get a police clearance in every country that you have stayed for at least 6 months for the past 5 years. I completed that step. I had asked uae police office in dubai to give me a copy of police clearance but they never replied back i did it twice but they never replied back. I have paid for the police clearance application fee twice here in canada during the application process and sent the the two receipt to the CIC stating i am my complying with the process and sent to dubai police office again sent them the receipt also together with form to be sent back to CIC. But nothing had happened. And after almost 24 months finally CIC grant me my PR status. I applied for my PR from 2014 and they Grant me the PR status last Feb. 2016

I just want to emphasize what @dpenabill said above: You should really contact a lawyer about this. We in this forum are neither qualified enough, nor do we know your situation well enough, to make a call.

 

[dpenabill]

Hi, thank tou for your reply,
During my application processing of my PR there is a step that you have to get a police clearance in every country that you have stayed for at least 6 months for the past 5 years. I completed that step. I had asked uae police office in dubai to give me a copy of police clearance but they never replied back i did it twice but they never replied back. I have paid for the police clearance application fee twice here in canada during the application process and sent the the two receipt to the CIC stating i am my complying with the process and sent to dubai police office again sent them the receipt also together with form to be sent back to CIC. But nothing had happened. And after almost 24 months finally CIC grant me my PR status. I applied for my PR from 2014 and they Grant me the PR status last Feb. 2016

This is a good sign. But just a sign.

You are probably OK . . . at least in Canada.

For matters like this, however, *probably* should NOT be good enough for the prudent immigrant.

Other than adding that you have not been in UAE since xx date, in the box explaining the "yes" check in response to pending offence in a country other than Canada, this does not change my previous observation about going ahead and applying for citizenship:

That is, check "yes" to the particular item in the application (in Item 16, the prohibitions item) about pending offence outside Canada, BRIEFLY state what you have learned about the charge, add you believe it is about an outstanding debt and NOT an offence in Canada, and add that you have not been in the UAE since xx date.
​

BUT IT WOULD STILL BE PRUDENT TO SEE A LAWYER FIRST. AN IMMIGRATION LAWYER.

This is what it is now. IRCC will most likely respond to the situation according to law. Nothing to be gained by hiding or dodging. (CBSA is now apprised of the charge, given your PoE experience . . . so if there is any impact related to this charge having been pending back when you had the PR application in process, if it was, that is in the pipeline now. I doubt there is a problem. But I am not the one with a stake in play. If I was the one with a stake in play, I'd be talking to a LAWYER about it.)

A lawyer should be able to figure out to what extent this is a problem . . . . or, my bet (a bet made with nothing at stake, so to be recognized for what it is worth), the lawyer will be able to assure you that all is OK (in Canada, so far as Canada is concerned).

A lawyer's consultation should cost between $250 and $500, or so.

When you go to the lawyer stay focused on precise facts and precise issues. Lawyers can tend to charge for rambling on about what they know, which only does you any good if that is what you need to know.

 

[ross2019]

Hi, thank you for your reply. Yes i have decided to seek an immigration lawyer for my situation. Im concerned about my current status right now if after two years if im able to renew my PR card

 

[Banana28]

Hello ross2019. I am in the same boat as you. May I ask what happened with your meeting with the Immigration lawyer?