Criminal Inadmissability question

[KarmaChameleonTO]

Question regarding police checks:

I had posted awhile back about my spouse (inland - spousal sponsorship) having a minor conviction on his record stemming from one bad night in 2014 when his wallet was stolen and he was unable to pay for a bar tab - which is a summary offense here in Canada.

We are getting ready to send in our application package, and in doing all the paperwork, we realized that that one night actually had 2 charges - one for the bar tab, and one for the taxi fare. I looked up the equivalent charge here in Canada and it is also a summary offense.

Both of the unpaid things together came to less than $200 ($91 dollars at the bar, and $100 for the taxi).

Since both the charges were from one event, I'm wondering if that counts as multiple convictions on the police check and results in him being inadmissible?


Any insight?

 

[scylla]

Not sure any of us here will be able to tell you for certain. Just make sure you declare both separately in the PR application.

 

[KarmaChameleonTO]

Not sure any of us here will be able to tell you for certain. Just make sure you declare both separately in the PR application.

Yes, I've addressed it explaining the entire situation in the cover letter, and it is also mentioned on the application itself. Also, as per some advice we received we will be including print-outs of the laws as they are in North Carolina, and the Canadian Equivalents so that the case manager can see right away what exactly the charges are and don't think that they are indictable offenses.

 

[waiting10yrs]

Yes, I've addressed it explaining the entire situation in the cover letter, and it is also mentioned on the application itself. Also, as per some advice we received we will be including print-outs of the laws as they are in North Carolina, and the Canadian Equivalents so that the case manager can see right away what exactly the charges are and don't think that they are indictable offenses.

May I see a copy of your cover letter? My wife and I are having to do similar for me and having trouble.

 

[KarmaChameleonTO]

I did find this on some immigration lawyer's site, so I'm hoping because they are both from one event that it's not going to be an issue. It's literally the only thing on his record - he's never even gotten a traffic ticket before, and had Top Secret clearance when he was in the Army.

• convictions outside Canada that, if committed in Canada, would be: (1) punishable by a maximum jail term of at least ten years, (2) considered an indictable offence, (3) two summary offences (not arising out of a single occurrence)
  
  So, it appears that since they arose from a single occurrence, it should not be an issue. Fingers crossed!

 

[KarmaChameleonTO]

May I see a copy of your cover letter? My wife and I are having to do similar for me and having trouble.

My cover letter really wouldn't help you much since the details are all completely different. For the paragraph about his arrest, we just told exactly what happened that night, since the police checks are not going to provide any context to the event - just the charges.

But these were the two links that we used for reference in putting it together:

https://www.immigroup.com/news/spousal-sponsorship-letter-how-ace-it
http://immigrationcanada.pro/immigrate/7-essential-elements-in-a-sponsorship-cover-letter/

 

[waiting10yrs]

My cover letter really wouldn't help you much since the details are all completely different. For the paragraph about his arrest, we just told exactly what happened that night, since the police checks are not going to provide any context to the event - just the charges.

But these were the two links that we used for reference in putting it together:

https://www.immigroup.com/news/spousal-sponsorship-letter-how-ace-it
http://immigrationcanada.pro/immigrate/7-essential-elements-in-a-sponsorship-cover-letter/

How is the application working out for you?

 

[KarmaChameleonTO]

How is the application working out for you?

We have our AOR, and have linked our online account to the application. We just finally received the FBI check back in the mail (it took approximately 6 months to process), so we will be uploading that to our online account this afternoon.

But, my further researches and speaking with some people "in the know", the fact that the issue was 2 non-violent misdemeanor charges that came from one event, and there has never been any other issues before or since, it should not be a problem.

So...fingers crossed! According to current time-lines we should be expecting his OWV to arrive around late June!

 

[waiting10yrs]

We have our AOR, and have linked our online account to the application. We just finally received the FBI check back in the mail (it took approximately 6 months to process), so we will be uploading that to our online account this afternoon.

But, my further researches and speaking with some people "in the know", the fact that the issue was 2 non-violent misdemeanor charges that came from one event, and there has never been any other issues before or since, it should not be a problem.

So...fingers crossed! According to current time-lines we should be expecting his OWV to arrive around late June!

Thats great to hear. Trying to do research of my own. I have a violent charge that was almost a 3rd degree assault misdemeanour charge but it was dismissed by the state since I claim self dense and plead not guilty. How do you think il fair?

 

[KarmaChameleonTO]

Thats great to hear. Trying to do research of my own. I have a violent charge that was almost a 3rd degree assault misdemeanour charge but it was dismissed by the state since I claim self dense and plead not guilty. How do you think il fair?

No idea, really. If it was dismissed, then it shouldn't really be on your record? I think asking a lawyer would help clear things up.

 

[KBH]

No idea, really. If it was dismissed, then it shouldn't really be on your record? I think asking a lawyer would help clear things up.

All charges, even dismissed charges, cause complications and delays with the PR app.

 

[Michyy]

No idea, really. If it was dismissed, then it shouldn't really be on your record? I think asking a lawyer would help clear things up.

Sometimes dismissed records show up on the FBI records as they are not obligated to erase them. However it should show dismissed. That was the case for my husband.

 

[waiting10yrs]

FBI and state show nothing, not even the dismissal.

 

[innag]

Sometimes dismissed records show up on the FBI records as they are not obligated to erase them. However it should show dismissed. That was the case for my husband.

So if FBI police record is clear, can the charge be left out of the PR application?

 

[waiting10yrs]

So if FBI police record is clear, can the charge be left out of the PR application?

No, you are best still putting it. I have a dismissed charged and still had to include information about it.