HK Pathway - Open Working Visa (Criminal Case Query)

[PrenneyHK]

I am planning to apply the Open Working Visa through Hong Kong Pathway program.

While, I have concern whether IRCC office will accept and agree my application provided that I have a criminal record due to Hong Kong Anti-Extradition Law Amendment Bill Movement in 2019.
It is believed that my record is minor and there only needs to commit social service as a punishment. (Here is a quote which enlightens my hope: “Measures for asylum claimants from Hong Kong”, https://www.cicnews.com/2020/11/canada-to-facilitate-immigration-for-hong-kong-residents-asylum-claimants-1116304.html#gs.x5z7nw)

It is would like to ask if
1) I get my criminal conviction data provided by Hong Kong Police and relevant official court documents, should I apply Open Working Visa as normal as other Hong Kongers, with detailed criminal record declaration to proceed?
2) Or I need to apply Temporary Resident Permits together with Open Working Visa myself as well.
3) Of course, it is appreciated anyone of you can suggest a proper way to me and those protesters who suffer injustice punishment owning to 2019 Hong Kong social event, thus we are “admissible” to Canada.

Least but not less, it is very kind of Canada and IRCC office provide us a chance to immigrate and make a living at a country with freedom.

 

[YVR123]

I do not have any experience. But when IRCC put out this new pathway, they are well aware of the issue of HK police and the possibility of criminal record cause from people against the extradition law.

I suggestion to apply ahead. With a letter to explain your record. And do not lie. Just state the true. Not a lot of people on this forum have experience with this new pathway.

 

[YVR123]

Asked a friend who works in non profits that helps new immigrants.
He said that the minister promised that it wouldn't affect anything. (it means anti-extradition related protest charges)
So basially you should just go ahead and in the part that asks you about, criminal records just report the facts criminal record due to participating in anti extradition protests.

 

[PrenneyHK]

Asked a friend who works in non profits that helps new immigrants.
He said that the minister promised that it wouldn't affect anything. (it means anti-extradition related protest charges)
So basially you should just go ahead and in the part that asks you about, criminal records just report the facts criminal record due to participating in anti extradition protests.

Thanks for your advice, I will apply once I get back all material record and submit them.
But no one record will mention his act was due to protest, how could we prove it? From Newspapers or ???

 

[Broccoli137]

Hi! Hongkonger here!

We are applying for the lifeboat scheme too, just want to say good luck!!!!!!!!

 

[PrenneyHK]

Hi! Hongkonger here!

We are applying for the lifeboat scheme too, just want to say good luck!!!!!!!!

Add Oil together!!! If you get any news relevant to my situation, please update me. Great Thanks.

 

[YVR123]

In addition to the forms, you can write a letter to explain your situration and details about the record.
If IRCC needs more proof, they will request it.

 

[PrenneyHK]

I wonder shoul I disclose more than what the court documents mentioned? Or just what the court exactly stated?

 

[steaky]

Thanks for your advice, I will apply once I get back all material record and submit them.
But no one record will mention his act was due to protest, how could we prove it? From Newspapers or ???

When you apply for police/security clearance in the police HQ in Wanchai, the relevant record might be there.

 

[YVR123]

I wonder shoul I disclose more than what the court documents mentioned? Or just what the court exactly stated?

It's not disclosing more. It's just explain what really happened that lead to the charge. The court documents probably doesn't reflect what "really happened". (sounds like so from recent news there... sigh)

 

[steaky]

The latest article on this topic:

https://www.thestar.com/news/canada/2022/02/11/young-hong-kong-dissidents-were-told-canada-welcomed-them-why-cant-they-get-visas.html

 

[Sidm786]

Hi all,

What happened to your applications? My friend has a criminal recorded sentence becomes spent in December 2022 but Canada requires 5 years to be considered rehabilitated and it was not related to the protests. What is the way to goo about as this policy expires soon.

 

[scylla]

Hi all,

What happened to your applications? My friend has a criminal recorded sentence becomes spent in December 2022 but Canada requires 5 years to be considered rehabilitated and it was not related to the protests. What is the way to goo about as this policy expires soon.

Your friend has to hope the program is extended so that he has the years needed to qualify to apply for rehabilitation and then apply under this program. So the short answer is that he has to hope Canada extends the program.