Failure to disclose arrest

[manistee]

Hello everyone, I currently live in the US and completed my Express Entry PR landing formalities along with my wife this past weekend and realized I haven't declared my arrest record for the question "Charged/convicted of a crime in any country, refused admission or required to leave Canada" on the CoPR document. It was stupid of me to not understand the question because I was under the impression this was for events after our PR application was received. For some unexplainable reason, I didn't ask the CBSA officer if the question was related to any arrest in the past and just answered it as 'No'. I had no intention to hide this with IRCC or CBSA and declared my arrest records to IRCC twice in the past (one during my visitor visa application and the other is during my PR application document submission and both were approved). This arrest was related to unauthorized gmail account access of my girlfriend from 2011 and the charges were withdrawn by her later on and I was acquitted. How do I correct this mistake with the CBSA office or on the CoPR document or am I left with no option other than facing consequences? Should I call CBSA and explain what happened or is there an option to submit a web form letting them know this was a failure on my part?

Please let me know because I have been really upset about what I did considering I declared everything as part of my application process and did this stupid thing unintentionally. I understand ignorance is not a reason but this has been bothering me and I wanted to go back to the border near Ambassador Bridge where I finished my landing and explain myself to the CBSA however I am not sure if that is the way to go about it.

 

[Ponga]

Hello everyone, I currently live in the US and completed my Express Entry PR landing formalities along with my wife this past weekend and realized I haven't declared my arrest record for the question "Charged/convicted of a crime in any country, refused admission or required to leave Canada" on the CoPR document. It was stupid of me to not understand the question because I was under the impression this was for events after our PR application was received. For some unexplainable reason, I didn't ask the CBSA officer if the question was related to any arrest in the past and just answered it as 'No'. I had no intention to hide this with IRCC or CBSA and declared my arrest records to IRCC twice in the past (one during my visitor visa application and the other is during my PR application document submission and both were approved). This arrest was related to unauthorized gmail account access of my girlfriend from 2011 and the charges were withdrawn by her later on and I was acquitted. How do I correct this mistake with the CBSA office or on the CoPR document or am I left with no option other than facing consequences? Should I call CBSA and explain what happened or is there an option to submit a web form letting them know this was a failure on my part?

Please let me know because I have been really upset about what I did considering I declared everything as part of my application process and did this stupid thing unintentionally. I understand ignorance is not a reason but this has been bothering me and I wanted to go back to the border near Ambassador Bridge where I finished my landing and explain myself to the CBSA however I am not sure if that is the way to go about it.

I am by no means certain, but I would tend to agree with your initial assessment of the question.

Usually, a PR has to answer questions like this that would pertain to any changes (criminal, marriage, etc.) that occurred AFTER the PR application has been submitted. Since you did mention the arrest in your PR application...you may be ok?

Strongly suggest you wait for a member that is offering more than just a guess! LOL!

Good luck!

 

[manistee]

@Ponga Thank you for taking the time to respond and providing your thought. That's how I understood the question and answered No. I am hoping I will get additional responses from other members.

I couldn't get my original post to publish for more than 12 hours and ended up posting this question multiple times. I am trying to see if I can delete it.

 

[moscatojuices]

So you declared the arrest in your PR application, the one that led to your CoPR?

 

[Ponga]

So you declared the arrest in your PR application, the one that led to your CoPR?

Sounds like they did.

I had no intention to hide this with IRCC or CBSA and declared my arrest records to IRCC twice in the past (one during my visitor visa application and the other is during my PR application document submission and both were approved).

 

[moscatojuices]

Sounds like they did.

Hmmmm this is a tricky one!! The good thing is he did disclose the arrest in his PR application - IRCC have all of this on record. But on the safe side he probably should have also told the CBSA the same, even if he was later acquitted.

I would love to say "do nothing" but I wouldn't want this to be an issue that plagues his mind when he applies for citizenship. But again he was acquitted. I am wondering, if to be on the safe side, he should send a webform to Correct Information in a CoPR document to ask: "hey should that arrest be mentioned here? Just wondering."

If they so no then all good, if they say yes then they'll update it accordingly. I don't think the PR status itself can be affected because he did disclose it and IRCC did approve it - and there is an acquittal.

 

[Ponga]

Hmmmm this is a tricky one!! The good thing is he did disclose the arrest in his PR application - IRCC have all of this on record. But on the safe side he probably should have also told the CBSA the same, even if he was later acquitted.

I would love to say "do nothing" but I wouldn't want this to be an issue that plagues his mind when he applies for citizenship. But again he was acquitted. I am wondering, if to be on the safe side, he should send a webform to Correct Information in a CoPR document to ask: "hey should that arrest be mentioned here? Just wondering."

If they so no then all good, if they say yes then they'll update it accordingly. I don't think the PR status itself can be affected because he did disclose it and IRCC did approve it - and there is an acquittal.

Excellent point regarding the possible issue if/when applying for citizenship.

 

[Ponga]

@Ponga Thank you for taking the time to respond and providing your thought. That's how I understood the question and answered No. I am hoping I will get additional responses from other members.

I couldn't get my original post to publish for more than 12 hours and ended up posting this question multiple times. I am trying to see if I can delete it.

I just had a look at my own CoPR document and found, this:

Have you ever been charged/convicted of a crime or offence; refused admission to Canada or asked to leave Canada?

It's the word `ever' that's now jumping out, since that would imply charges/convictions before, during and/or after the application process.

 

[armoured]

It's my guess that this is a big nothing burger as already disclosed to ircc and would be in records available to CBSA.

Personally I'd approach a lawyer for a consult and peace of mind instead but up to the op.

 

[Ponga]

It's my guess that this is a big nothing burger as already disclosed to ircc and would be in records available to CBSA.

Personally I'd approach a lawyer for a consult and peace of mind instead but up to the op.

True, but it's that ever popular`misrepresentation' thang that would be looming over my head. That, combined with an over zealous IRCC agent when applying for Citizenship that's having a really bad day...and is overly cranky. LOL!

 

[armoured]

True, but it's that ever popular`misrepresentation' thang that would be looming over my head. That, combined with an over zealous IRCC agent when applying for Citizenship that's having a really bad day...and is overly cranky. LOL!

I do understand the concern, and not at all certain that the government has a consistent or coherent answer to this type of question.

That said: I do not believe a misrepresentation charge would hold up because of intent ('how could i have intended to mislead when I already gave that information?').

But that's why I say: I'd consult a lawyer.