Outland Sponsorship - Spouse and Minor Criminal Record - Please help!!

[OntarioBound]

I think you should talk to a Canadian immigration lawyer. You don't want to do this wrong.

 

[justfromerica]

I was going to go ahead and order my police check but since it expires so fast (and might not make a difference what it says on it anyways) I didn't want to waste time and money just to see what it says if I can't even send my application regardless.

I'm just wondering, regarding misrepresentation, in some states once you have a record sealed you're legally allowed to check "no" etc on applications that ask you. I just don't know if that law would transfer to Canada. If the police check were to show up clear, it's like the charge no longer exists, so would that legally still be misrepresentation? If you're representing the information the way it is now?

 

[scylla]

I'm just wondering, regarding misrepresentation, in some states once you have a record sealed you're legally allowed to check "no" etc on applications that ask you. I just don't know if that law would transfer to Canada. If the police check were to show up clear, it's like the charge no longer exists, so would that legally still be misrepresentation? If you're representing the information the way it is now?

If you are applying to immigrate in the US, you still have to check "yes" even if the record has been expunged / sealed. In other words, US immigration still counts an expunged /sealed record as a conviction for immigration purposes. I would follow the same rules for Canadian immigration purposes. Misrepresentation isn't something you want to take any chances with since it's a 5 year ban from Canada if caught.

 

[Ponga]

Here's how question 6 is worded on form IMM5669E (Schedule A Background Declaration):

Have you ever:

b) been convicted of, or are you currently charged with,
on trial for, or party to a crime or offence, or subject
of any criminal proceedings in any other country?

Followed by:

j) been detained, incarcerated or put in jail?


Now, arguably you could probably answer no to 6b (if you were never convicted of the DUI), but...you would certainly need to answer yes to 6j unless you were NOT arrested, detained or put in jail for the DUI.

It's a tough call.

 

[mholly25]

re: a candian citizen has a criminal record like 5 or 6 years ago,

Hi, can a canadian citizen with criminal record 5 or 6 years ago can marry or allowed to marry a filipina?the filipina is still here in canada

 

[WeeHippieElf]

so your wife was convicted of DUI but as a Youthful Offender, is that correct? i would say that the conviction should be declared, so you're not in danger of misrepresentation, but explain that the Youthful Offender status is the American equivalent of a Young Offender in Canada. even though the ages are different and your wife would not have been a Young Offender if the charge was laid in Canada, she was a Youthful Offender in the country where the charge was laid. in the excerpt you provided, i would say she falls into the 'not necessarily inadmissable' category. of course, it should go without saying (but i'll say it anyway *lol*), i'm not a lawyer. good luck to you and your wife!