Permanent residency application, criminal record not disclosed on previous ETA

[BeardyMac]

Hi all, my first post on here, and would appreciate guidance and feedback.

I will be in the process of applying for permanent residency, through spousal sponsorship.

If I have a criminal record from 30 years ago, subject to a fine, then assume that would be considered rehabilitated?

But an additional issue is I did not declare this on an ETA application for previous holiday visits to Canada, as assumed I did not have to declare due to length of time and rehabilitation law in UK.
Well, this mean my application for permanent residency would be refused? Or running into some challenges or difficult difficulties?

Many thanks!

 

[armoured]

Hi all, my first post on here, and would appreciate guidance and feedback.

I will be in the process of applying for permanent residency, through spousal sponsorship.

If I have a criminal record from 30 years ago, subject to a fine, then assume that would be considered rehabilitated?

But an additional issue is I did not declare this on an ETA application for previous holiday visits to Canada, as assumed I did not have to declare due to length of time and rehabilitation law in UK.
Well, this mean my application for permanent residency would be refused? Or running into some challenges or difficult difficulties?

Many thanks!

No-one will be able to tell you for sure, hence worth speaking to a lawyer.

My (somewhat educated) guess is that if you disclose it when applying for PR and explain that didn't disclose before [because reasons as you stated], probably will be okay. It may depend on the nature of the charge / punishment.

Lawyer because if it's a charge that's not considered serious (roughly 'indictable' offences are roughly the same concept as felony in USA), might not be an issue at all.

You might be covered by 'deemed rehabilitation' - where no formal process required.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

None of these terms or their application are obvious to non-lawyers (in my opinion) and easy to screw up.

 

[BeardyMac]

Many thanks. Am engaging with a lawyer for further advice.

 

[armoured]

Many thanks. Am engaging with a lawyer for further advice.

You want to clarify with lawyer that they understand the specific requirements under the immigration act and the way the 'seriousness' aspects relate to applications/rehabilitation.

That said, I think there's a good chance you'll benefit from the time aspect, assuming the charge was not too serious.