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Criminal inadmissability - Please help!

Kay-AB

Full Member
Jun 1, 2010
21
0
My friend's husband (the family is from Korea) has the following two issues, which may affect criminal inadmissability. Any advise from senior expert members would be appreciated.

(i) My friend's husband had a run-in with law about 20 years ago in Korea - he had a fight with a neighbor. The neighbor sued him for injury, but settled later for monetary compensation.

(ii) He also had a serious argument with a traffic police in Korea in 2002 on issue related to wearing the seat belt - he was indicted for obstruction of practice by the police. Was sentenced to 10 months of prison sentence/ two years of probationary period (meaning he did not have to actually spend time in prison)/ 80 hours of community work, which he completed.

His police certificate from Korea shows both (i) and (ii) exactly as they happened and as sentenced. His wife (my friend) is applying for a PR via PNP; that is, she is the principal applicant and he's the accompanying spouse. They have two teenaged children.

Question:
1. Do his offences in (i) and (ii) provide sufficient ground for inadmissability to Canada in their PR application?
1. He is wondering whether his criminal record may be deemed inadmissable and block the whole family (wife and their two children) or just him?

Please advise. Thank you.
 

sask28

Star Member
Jun 22, 2011
190
0
Toronto, Ontario
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Kay-AB said:
My friend's husband (the family is from Korea) has the following two issues, which may affect criminal inadmissability. Any advise from senior expert members would be appreciated.

(i) My friend's husband had a run-in with law about 20 years ago in Korea - he had a fight with a neighbor. The neighbor sued him for injury, but settled later for monetary compensation.

(ii) He also had a serious argument with a traffic police in Korea in 2002 on issue related to wearing the seat belt - he was indicted for obstruction of practice by the police. Was sentenced to 10 months of prison sentence/ two years of probationary period (meaning he did not have to actually spend time in prison)/ 80 hours of community work, which he completed.

His police certificate from Korea shows both (i) and (ii) exactly as they happened and as sentenced. His wife (my friend) is applying for a PR via PNP; that is, she is the principal applicant and he's the accompanying spouse. They have two teenaged children.

Question:
1. Do his offences in (i) and (ii) provide sufficient ground for inadmissability to Canada in their PR application?
1. He is wondering whether his criminal record may be deemed inadmissable and block the whole family (wife and their two children) or just him?

Please advise. Thank you.
It looks like neither cases resulted in him having to spend time in jail so he might not be at risk for criminal inadmissibility. And it also looked like he was granted pardon for both cases. The scenario in case (i) seem alot more serious than case (ii) and hopefully the immigration officer will not consider him as a risk to Canada
Criminal admissibility might only affect him since his wife and children do not have any known criminal records.
 

ihabkal

Hero Member
Oct 8, 2010
651
18
I think this issue requires the advice of a professional. people with clean records are getting the boot. ask qorax or a knowing lawyer