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HELP: Undisclosed detention and contacting the VO to avoid misrepresentation

johnthree

Member
Nov 4, 2014
10
1
I was once detained by the police on DUI suspicion. After a Legal Medicine doctor determined that I wasn't drunk, I was released without charges a few hours later. No court date. My PCC are clean.

In the Background Declaration. I answered question J. "have you ever been detained, incarcerated or put in jail?" with NO, based on 2 things:
1. The detention doesn't even show up in my PCC, and I wasn't even charged with anything.
2. I thought the question was referring to arrest/detentions/jail time ordered by a competent judge/court during an ongoing trial, or as part of a sentence after being convicted.

I honestly thought it was not big deal if a police takes you into custody for a night and no charges are pressed, also because it is not mentioned in the PCC.

I got my PER a few days ago, and now I'm worried I will be accused of misrepresentation if CIC/VO find out about the incident. So I contacted a recognized Canadian immigration lawyer who tells me that I still can fix the situation by sending a Legal Opinion to the VO as soon as possible which states two things:
1. That I'm admissible(not crime was committed, as my PCC clearly show) to Canada.
2. That I never intended to misrepresent myself, and it was an honest misunderstanding answering NO.

The lawyer tells me that if I'm the one to inform the VO(contrary to them finding out during the background checks) before they start processing my application(I haven't received AOR yet), misrepresentation will no longer be an issue.

Please help, I would really appreciate your opinion and advice in this matter, as I'm not sure what to do or not to do right now.
 

namaste

Champion Member
Jan 5, 2013
1,959
223
Visa Office......
CPC-Ottawa
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
17-06-2014
Nomination.....
15-10-2014 (PER)
Med's Request
25-11-2014
Med's Done....
10-12-2014
Interview........
waived
Passport Req..
06-02-2015
VISA ISSUED...
21-02-2015
LANDED..........
16-05-2015
johnthree said:
I was once detained by the police on DUI suspicion. After a Legal Medicine doctor determined that I wasn't drunk, I was released without charges a few hours later. No court date. My PCC are clean.

In the Background Declaration. I answered question J. "have you ever been detained, incarcerated or put in jail?" with NO, based on 2 things:
1. The detention doesn't even show up in my PCC, and I wasn't even charged with anything.
2. I thought the question was referring to arrest/detentions/jail time ordered by a competent judge/court during an ongoing trial, or as part of a sentence after being convicted.

I honestly thought it was not big deal if a police takes you into custody for a night and no charges are pressed, also because it is not mentioned in the PCC.

I got my PER a few days ago, and now I'm worried I will be accused of misrepresentation if CIC/VO find out about the incident. So I contacted a recognized Canadian immigration lawyer who tells me that I still can fix the situation by sending a Legal Opinion to the VO as soon as possible which states two things:
1. That I'm admissible(not crime was committed, as my PCC clearly show) to Canada.
2. That I never intended to misrepresent myself, and it was an honest misunderstanding answering NO.

The lawyer tells me that if I'm the one to inform the VO(contrary to them finding out during the background checks) before they start processing my application(I haven't received AOR yet), misrepresentation will no longer be an issue.

Please help, I would really appreciate your opinion and advice in this matter, as I'm not sure what to do or not to do right now.
You did the right thing. You were released without charge, so doesn't comprise detention. You were just questioned.
 

amirsrima

Hero Member
Sep 29, 2011
348
8
Category........
Visa Office......
London
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2013
Doc's Request.
submitted with the application
IELTS Request
submitted with the application
File Transfer...
15-08-2014
Med's Request
18-08-2014 (plus RPRF & Update Information Chart, PPR1)
Med's Done....
7-11-2014
Interview........
DM: 11-11-2014
Passport Req..
PPR2 15-11-2014 SUBMITTED: 20-11-2014
VISA ISSUED...
05-01-2015
LANDED..........
June 2015
johnthree said:
I was once detained by the police on DUI suspicion. After a Legal Medicine doctor determined that I wasn't drunk, I was released without charges a few hours later. No court date. My PCC are clean.

In the Background Declaration. I answered question J. "have you ever been detained, incarcerated or put in jail?" with NO, based on 2 things:
1. The detention doesn't even show up in my PCC, and I wasn't even charged with anything.
2. I thought the question was referring to arrest/detentions/jail time ordered by a competent judge/court during an ongoing trial, or as part of a sentence after being convicted.

I honestly thought it was not big deal if a police takes you into custody for a night and no charges are pressed, also because it is not mentioned in the PCC.

I got my PER a few days ago, and now I'm worried I will be accused of misrepresentation if CIC/VO find out about the incident. So I contacted a recognized Canadian immigration lawyer who tells me that I still can fix the situation by sending a Legal Opinion to the VO as soon as possible which states two things:
1. That I'm admissible(not crime was committed, as my PCC clearly show) to Canada.
2. That I never intended to misrepresent myself, and it was an honest misunderstanding answering NO.

The lawyer tells me that if I'm the one to inform the VO(contrary to them finding out during the background checks) before they start processing my application(I haven't received AOR yet), misrepresentation will no longer be an issue.

Please help, I would really appreciate your opinion and advice in this matter, as I'm not sure what to do or not to do right now.
You did the right thing whie fiing in application.
 
Nov 13, 2014
5
0
Latest PER Date, DD Encashment date and application received date

Please kindly update me the latest PER received date, DD Encashment date and application received date till today.