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Leon & lawyers,experts urgently need some advice

May2014

Star Member
May 6, 2014
199
21
Dear Leon and the experts
A close friend just had a misshapen coming back from their home country unfortunately was carrying US money value above what he officially declared on their card . The officer fined him $250 which is the least of penalties because of the fact that there was no criminal intention just misconception of the limit but definite wrong action clearly admitted by him.
Now my friend asked if this will affect his citizenship application , the officer said it is a civil offence not a criminal one .. The act upon which the penalty was given was crime act 68702 if that helps

So the question is does this have a serious implication on his citizenship ?
If yes .. What is to be done ?
If no .. Does he have to report it or is it like a traffic or parking fine ?

Thank you
 

rayman_m

Hero Member
Feb 14, 2014
594
14
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May2014 said:
Dear Leon and the experts
A close friend just had a misshapen coming back from their home country unfortunately was carrying US money value above what he officially declared on their card . The officer fined him $250 which is the least of penalties because of the fact that there was no criminal intention just misconception of the limit but definite wrong action clearly admitted by him.
Now my friend asked if this will affect his citizenship application , the officer said it is a civil offence not a criminal one .. The act upon which the penalty was given was crime act 68702 if that helps

So the question is does this have a serious implication on his citizenship ?
If yes .. What is to be done ?
If no .. Does he have to report it or is it like a traffic or parking fine ?

Thank you
No, this will not effect citizenship and neither require to declare in the application form. Citizenship does effect only for charges filed and put on trial by law enforcement agencies under criminal penal code..
 

era1521

Hero Member
Oct 7, 2014
443
27
May2014 said:
Dear Leon and the experts
A close friend just had a misshapen coming back from their home country unfortunately was carrying US money value above what he officially declared on their card . The officer fined him $250 which is the least of penalties because of the fact that there was no criminal intention just misconception of the limit but definite wrong action clearly admitted by him.
Now my friend asked if this will affect his citizenship application , the officer said it is a civil offence not a criminal one .. The act upon which the penalty was given was crime act 68702 if that helps

So the question is does this have a serious implication on his citizenship ?
If yes .. What is to be done ?
If no .. Does he have to report it or is it like a traffic or parking fine ?

Thank you
Your friend is that female in the Border Security TV show (NatGeo) bringing 28,000 worth of currency, failing to declare on a phantasmagoria explanation and getting fined 250$? Or is just someone else trying to pull a similar trick and pretending persecuted?
Look, everyone is responsible for own actions and decisions; man up and admit it if asked - most likely will come up during security checks. In application form it doesnt seem to fit anywhere to mention, but you may be asked during interview.
 

May2014

Star Member
May 6, 2014
199
21
No , it is a he not a she , and carried only 10, 000 US dollars which if exchanged will be more than 10,000 cad
 

May2014

Star Member
May 6, 2014
199
21
rayman_m said:
No, this will not effect citizenship and neither require to declare in the application form. Citizenship does effect only for charges filed and put on trial by law enforcement agencies under criminal penal code..
Thank you for your prompt and comforting reply , he thought so too after asking the officer but needed confirmation .
 

dpenabill

VIP Member
Apr 2, 2010
6,467
3,217
It appears this was a civil customs process, thus no criminal charge, no criminal prosecution, thus not invoking any need to declare criminal charges or such. Thus no direct impact on qualification, no direct impact on residency.

The event, however, will certainly be noted in FOSS and will pop up in any GCMS check. GCMS checks are done at several stages of processing citizenship applications, including part of the background checks, but they are also supposed to be done attendant every action taken on a citizenship application (such as attendant test and interview, attendant scheduling for the oath, in addition to the initial checks done for all incoming applications).

Whether it attracts attention, let alone raises concerns or questions, is difficult if not impossible to predict. Probably depends some on other contextual factors and circumstances.

It may, for example, be something which results in a fingerprint request so that the RCMP can run a more thorough criminal background check.

Another example where it might draw attention and elevate concerns is if there are other factors or circumstances indicating the PR has substantial income from abroad in turn suggesting the PR has been employed abroad more than the PR is reporting in the work and address history.



Summary:

Again, standing alone it is not a disqualifying factor, not something which directly affects the residency calculation, but it will be there in the record . . . whether it will be noticed, or given attention if noticed, cannot be reliably predicted.
 

May2014

Star Member
May 6, 2014
199
21
Thank you dpenbill , I hope that this will be as you said , kindly if anyone has any other doubts or information please share , will be much appreciated
Thank you everyone