Hello, I will be sponsoring my wife In January and I am just filling out the background form. In the form it asks if you've ever been arrested, detained, convicted, etc. I do not have a criminal record and have never been to prison or anything. The only thing I am worried about is the fact that I was put in a drunk when I was 19 years old (24 now). I never had any charges laid, or was convicted of anything, I wasn't even given a fine, I simply spent the night and was released in the morning. How much should I be worried about disclosing this information? Should i just say no on the paper because I wasn't arrested? I'm just wondering realistically what will happen if I select yes and explain, or say no and just ignore it? Thank you very much everyone for the answers!
Is it necessary to mention that I was put in a drunk tank?
- Thread starter Penner13
- Start date
Where does it ask if the sponsor has been detained? All I remember is "currently detained". The detained question is for your wife.
I was put in the drunk tank a long time ago as well, there was no need to mention it. It's not on your record or anything.
I was put in the drunk tank a long time ago as well, there was no need to mention it. It's not on your record or anything.
IMM1344 asks the sponsor if you are currently in jail, prison, penitentiary, or if you have ever been convicted of violent/sexual crimes, or if you have ever been charged with crimes with maximum sentence of 10 years+.Penner13 said:
The Principal Applicant is asked if they have ever been arrested.
You have been arrested - and if ever asked, then lying about it would cause you much more trouble than admitting to a minor thing that they won't care about - but unless this was the night before you're filing the forms (so still in the drunk tank), none of the options apply to you (for this). It's not a sentence of 10 years+, it's not a serious sexual or violent crime.
If while drunk you committed serious crimes, were charged with them, whether convicted or not, you'd have to go through it all. But nothing you've written indicates you have anything to declare on the form. If your partner had been, then they would, because the questions are different for the Principal Applicant than they are for the sponsor (basically, Canada has higher demands of the people who want to be Canadian than the people who already are).
Isn't the drunk tank used for personal safety though. It's technically not detention unless they arrest you.Bcboundboy said:
IMM5669E only asks if the applicant has been convicted of a crime, currently charged with a crime or offence, been detained, incarcerated or put in jail.Bcboundboy said:
It doesn't specifically ask if the person has been arrested.
couldn't "detained" refer to being arrested? i mean when you're detained, that means a law enforcement agency holds you for a certain period of time, so technically wouldn't being arrested fit in that category?Ponga said:
the OP was "detained" overnight by a law enforcement agency. he was held and was unable to leave on his own for a certain period of time, therefore, he would need to note this in his application, i would think?
Wrong, you aren't arrested, you're detained. It'd be on your record if you were arrested.Bcboundboy said:
No. Detained means you are held by cops for questioning, could be because they suspect something. Say you are walking and someone robs a bank down the street. The cops can detain you because they suspect something.CDNPR2014 said:
However, don't get me wrong. The cops can arrest you. Just usually when people refer to "drunk tank" it's the cop throwing you in jail overnight till you sober up. Unless you are arrested it's not on your record.
Evidence of this will likely be in the system of the police in the city he was detained, though. I think you can request they destroy this if it's there.
Anyways, it's a question of arrest, which you weren't so no need to mention it. If you're arrested there's a procedure and you'd know.
right, i agree it doesn't mean he was arrested; i didn't realize the sponsor's application doesn't specifically ask about being "detained". so if it's not specifically asked on the sponsor's application, there's no need to offer the information.Aquakitty said:
It's not detention though. A hospital wouldn't be 'detaining' you to treat you, if they felt you weren't capable of making the correct decisions for yourself at that time. You're not detained if you can request to leave (which is what I am assuming happens at the end of your stay). Essentially they are babysitting you.
It may not technically be detention, but that's as close as it comes. Maybe "apprehension" is a better word? The officer would have to follow procedure and inform him of his crime, given a ticket etc. It's not a criminal offence at any rate. He would know if there was an arrest, there would be a ticket.profiler said:
I know this because I was thrown in the drunk tank for swearing at a cop in my own home. I wasn't even publicly intoxicated. Though I was probably drunk and disorderly
All I can say to the OP is, if you are worried about it get a record check on yourself.
The question I am referring to is on the form IM5669E. I was under the impression that both the applicant and spouse had fill out this form for a spousal sponsorship, is that incorrect? The instructions state:
This form must be completed by:
-you, the principal applicant;
-your spouse or common-law partner (whether accompanying you to Canada or not),
-and your dependent children aged 18 years or older (whether accompanying you to Canada or not).
As the spouse of the applicant, wouldn't that mean I fill out the form as well?
This form must be completed by:
-you, the principal applicant;
-your spouse or common-law partner (whether accompanying you to Canada or not),
-and your dependent children aged 18 years or older (whether accompanying you to Canada or not).
As the spouse of the applicant, wouldn't that mean I fill out the form as well?
Who hasn't done this, honestly.... I politely told them to get the f*** off my property, and that I would be showing myself to bed (after their nice "suggestion" of a trip to the 'tank).. They seemed to oblige.Aquakitty said:... for swearing at a cop in my own home. I wasn't even publicly intoxicated. Though I was probably drunk and disorderly
No, if someone tries to commit suicide, they are not arrested for it. They are not detained either. Same goes for anything medically related -- which intoxication falls under. If there was no public concern, they wouldn't be detaining. That also means that the RCMP database, which the CIC checks for records in, will have no information on the interaction with police.Aquakitty said:
no, for application purposes, you are not the spouse or commonlaw partner, you are ONLY the sponsor. these forms are generic for all streams of immigration, and they are referring to partners who are applying for PR together. as the sponsor, you ONLY fill out the sponsor forms. you do not fill out any applicant forms.Penner13 said:
No. The form is used for different types of sponsorships, such as if the principal applicant had dependants. That does not include the sponsor (you). This is basically a non-issue.Penner13 said: