Do incidents not found on criminal record need to be declared?

[ej.ap]

If the primary applicant was charged with assault, went to court for it, and the verdict was to do community service/aggression therapy, but there is nothing on their criminal record, do they need to mention it in their Family Sponsorship application?

Their criminal record is completely clean, and it happened about 5 years ago. I'm not sure if it is something that legally has to be mentioned since it is not on their record. But if they do have to declare it, how will this affect them getting their sponsorship?

 

[Rob_TO]

Yes it needs to be mentioned.

IRCC also does their own criminal/background checks in some cases, so if they find it and it wasn't mentioned you would be charged with misrepresentation, have the app rejected, and face a ban to enter Canada.

 

[ej.ap]

Yes it needs to be mentioned.

IRCC also does their own criminal/background checks in some cases, so if they find it and it wasn't mentioned you would be charged with misrepresentation, have the app rejected, and face a ban to enter Canada.

Thanks for the info, we will then fill out an application for criminal rehabilitation 'for information only' as stated on the website.

Do you have any idea how likely someone would get their sponsorship with an 'assault' crime? I am just wondering if maybe it is worth hiring an immigration lawyer if it is not very likely... the reason it is not on their criminal record is because of the fact that no other crimes were committed after and he was deemed very unlikely to be a 'repeat offender', otherwise his sentencing would have been a lot worst. I'm not sure if this would help at all, or if they will see 'assault' and immediately deny him sponsorship...

Another question, does the Primary Applicant need to mention on this any crimes that have been acquitted?

 

[Rob_TO]

Thanks for the info, we will then fill out an application for criminal rehabilitation 'for information only' as stated on the website.

Do you have any idea how likely someone would get their sponsorship with an 'assault' crime? I am just wondering if maybe it is worth hiring an immigration lawyer if it is not very likely... the reason it is not on their criminal record is because of the fact that no other crimes were committed after and he was deemed very unlikely to be a 'repeat offender', otherwise his sentencing would have been a lot worst. I'm not sure if this would help at all, or if they will see 'assault' and immediately deny him sponsorship...

Another question, does the Primary Applicant need to mention on this any crimes that have been acquitted?

When it comes to criminality issues, I would talk to a lawyer experienced in the matter.

See here for some info: http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

The important factor is not so much the punishment in the country crime was committed in, but instead how that crime translates to a Canadian punishment.

My understanding is he would not be eligible for rehabilitation until at least 5 years had passed after completion of any probation/therapy/community service etc.

 

[jeff198901]

No conviction?

 

[ej.ap]

No conviction?

For the assault, was found guilty, but only sentenced to community service/therapy.

For the other incident he went to court but he was found not guilty, therefore no conviction.

 

[scylla]

When did the community service / therapy end?

 

[ej.ap]

When did the community service / therapy end?

He is currently doing his community service/therapy. The incident occurred 5 years ago.

The problem is that he has a job offer in Canada, and we have a baby on the way so waiting 5 years to be considered rehabilitated will be very difficult. So any advice is much appreciated!

 

[scylla]

You absolutely have to declare this in the application. If you don't CIC will likely find out easily during background/security checks and then you'll be facing a 5 year ban.

It's very unfortunate that he's still completing the community service/therapy. As others have explained, the five years starts from the time these activities are completed. So based on the information you've provided, he's inadmissible to Canada at this time and a TRP (Temporary Resident Permit - different than a TRV) would be the only option.

Honestly - you need to consult with a very good immigration lawyer at this point. This is not a do-it-yourself situation. You should also start thinking of a "Plan B" in case Canada isn't possible for you for a number of years.

 

[ej.ap]

You absolutely have to declare this in the application. If you don't CIC will likely find out easily during background/security checks and then you'll be facing a 5 year ban.

It's very unfortunate that he's still completing the community service/therapy. As others have explained, the five years starts from the time these activities are completed. So based on the information you've provided, he's inadmissible to Canada at this time and a TRP (Temporary Resident Permit - different than a TRV) would be the only option.

Honestly - you need to consult with a very good immigration lawyer at this point. This is not a do-it-yourself situation. You should also start thinking of a "Plan B" in case Canada isn't possible for you for a number of years.

Thank you for your detailed response. I will look into a temporary resident permit, of course we can stay in Belgium until he is deemed rehabilitated, but the job offer he has is way too good to pass up on.

 

[scylla]

Thank you for your detailed response. I will look into a temporary resident permit, of course we can stay in Belgium until he is deemed rehabilitated, but the job offer he has is way too good to pass up on.

Make sure you also look into how he can complete the court mandate therapy / community service. You don't want to leave Belgium without meeting the requirements the court placed on him as a result of the criminal conviction - this can result in further charges / penalties. I would speak with a criminal attorney in Belgium and/or the lawyer who handled the case.

Note that a TRP doesn't by default allow him to work. If approved, it does get him to Canada as a temporary visitor. TRP processing can take many months.

 

[Rob_TO]

He is currently doing his community service/therapy. The incident occurred 5 years ago.

The problem is that he has a job offer in Canada, and we have a baby on the way so waiting 5 years to be considered rehabilitated will be very difficult. So any advice is much appreciated!

He may be inadmissible to Canada right now, meaning he won't be able to come to Canada in any capacity (work permit, family sponsor for PR, etc) until 5 years after his community service/therapy is completed. Since it's still ongoing, the 5 years can't even start counting yet, and then even after that would need to go through rehabilitation process.
The TRP is by no ways a sure bet to be approved.

As mentioned, talk to a lawyer who is specifically experienced with criminality issues and PR apps.

You may need to consider staying in Belgium for the foreseeable future.